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Questions Answered by Charles Candiano
2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Charles Candiano
Charles Candiano
answered on Feb 28, 2023

On your facts, this is neither a personal injury nor a Worker's Compensation claim as you sustained no injury. Your coworker's behavior should be unacceptable to anyone. It is obvious that your supervisor does not have a "zero-tolerance" for such behavior. By definition,... View More

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1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... View More

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... View More

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I was the victim of a hit and run in a lot. My car was parked. I left the scene. The driver was ok. Will I be charged?

I had no knowledge the police had been notified, therefore I left. Other civilians called an ambulance. There were no injuries.

Charles Candiano
Charles Candiano
answered on Dec 12, 2022

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was driving to work when a car from the left lane swerved into my lane ended up bumping my front driver's side bumper and, making me swerve out of the way and having me lose control. My car hit the right side rail on the highway and then spun around, crashing into the median that separates... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2022

On your facts, the claim cannot be "denied." The insurance company can deny that it was a hit and run if there is no physical evidence of another car hitting yours (e.g. a different color paint on your fender or eyewitnesses). That does not mean that your insurance company can deny the... View More

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1 Answer | Asked in Car Accidents, Education Law, Juvenile Law and Wrongful Death for Indiana on
Q: My 17 yr old son was convinced to move from his residence with his dad and nana in Kentucky to live with his girlfriend

& her family in Indiana. My son's father signed over educational guardianship to the girlfriend's grandma, as it was her property they had moved to. The same school initially told my son the school was his district based on his address. A week later they received records from the... View More

Charles Candiano
Charles Candiano
answered on Dec 4, 2022

Your son's death was a terrible tragedy. That said, there is something wrong with the facts. "There are no buses to your home" CANNOT be reconciled with a bus stop a few houses down. Either way, his custodian (the girlfriend's grandma) is NOT responsible for his death.... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: is the hotel responsible for a escalator fall if if the person is intoxicated?

My brother and I had just gotten on the escalator. I was in front and him behind. I fell backwards on top of him. Even though the escalator continued to go up we stayed at the bottom. Both of us received many lacerations. I received several on my right calf. My brother received several on his calf,... View More

Charles Candiano
Charles Candiano
answered on Nov 29, 2022

On your facts, there was no defect or malfunction of the escalator. Rather, you lost your balance from drinking too much and fell backwards, on your brother which caused him to fall. If you were overserved in a hotel bar or restaurant, it may be possible for you or your brother to bring a... View More

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... View More

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: medical injury cannot find lawyer due to case won't net enough of money for their law firm any suggestions? arbitration?

i feel the doctor should be held accountable for causing me additional injury pain and suffering here in life!

Charles Candiano
Charles Candiano
answered on Oct 18, 2022

I do not know anything about your situation. If a law firm has confirmed to you that the physician's actions constituted medical negligence, you can always file a complaint with the Illinois Department of Financial and Professional Regulation. That is the State agency that licenses all... View More

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1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: Can't find the decision before Ill Appellate Court First District in 1997: Moll v. Mt. Prospect Fire Dept.Pension Fund.
Charles Candiano
Charles Candiano
answered on Oct 18, 2022

There are no reported Decisions involving a litigant by the name of "Moll" and "Mount Prospect" from the late 1980's, to present. It would be helpful to know why you are looking for it/what proposition it stands for. Please provide that information and I'll check.

1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: My friend was driving my car and I was asleep. He hit phone pole and ran. I walked home because I was scared what do I d

I don't have insurance and I'm scared. The cops came here but I hadn't made it home yet. I don't know what to do

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

If your friend had insurance, the accident is covered.

If your friend didn't have insurance, you gave your friend permission to drive your car, knowing that it was uninsured so you are responsible for all property damage and/or personal injury that resulted. Whether you were driving...
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1 Answer | Asked in Personal Injury for Indiana on
Q: the witnesses are lying on me, and said I got hit on purpose, so nobody will accept the case

I,ve talked to few lawyers and they keep dropping out

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

You don't give us a lot to go on so I'll begin at the beginning. Personal injury attorneys work on a contingency which means that they do not get paid unless they win. Regardless of the reason, if witnesses are claiming that you are responsible for an accident, a judge, jury, or... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: for 9-21-8-33(a)/IFA: Failure to Yield at Yield Sign-Involves bodily injury should you plea not guilty even if you are?

could this possibly be plead down to a falure to yeild or something?

Charles Candiano
Charles Candiano
answered on Oct 11, 2022

You need to be represented by counsel. Almost everything can be played to a lesser included offense, under most circumstances. There are too many variables to discuss and there are details that should not be published in an online forum. You need to contact a criminal defense attorney who... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: is it legal for police officer not to ask me to call towing and he calls his preferred tow and we end up with 15000$ bil

there was accident invoving my driver of truck and trailer , police never asked us to call towing. he calls "preferred towing", towing never asks us where to tow. tow us to there location and now they have 15000$. truck and trailer were towed separatelly and they do not wanna release my... View More

Charles Candiano
Charles Candiano
answered on Oct 6, 2022

ABSOLUTELY! The police have a duty to clear the highway after an accident. To that end, in any given jurisdiction, tow operators must apply with the police agency or district and must be able to respond 24/7 (in good weather) within 20 minutes and meet other criteria, as provided by State Vehicle... View More

1 Answer | Asked in Domestic Violence and Personal Injury for Illinois on
Q: Victim lures defendant to place where no contact order is to humiliate cyber bully attack and cause distress to cause ha
Charles Candiano
Charles Candiano
answered on Sep 18, 2022

You only provide part of the scenario. The way this works is that you need to ask a question so that we may respond. Please repost with a question.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I was at work holding a students hand lightly when he grabbed my hand with both his hands and fell to the floor.

He caused my shoulder to sprain. Can I get a payment from workers comp for the injury?

Charles Candiano
Charles Candiano
answered on Sep 18, 2022

Your question is very oddly phrased. If you sustained an injury as diagnosed by your physician, by the means that you explained, you have clearly sustained a work injury. If you timely report this injury to your employer, you have a solid Worker's Compensation claim which means that you are... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: a vehicle with a dealer lien was involved in a collision, towed to our shop in chicago.

the vehicle owner stated he had no current insurance. i called the lienholder at their corporate headquarters; they are located in the state of Georgia. I was informed they would have to report the incident to the department of abandoned vehicles, which would probably involve a delay of 30-60 days... View More

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

Please ask a more specific question. If you are asking whether you are permitted to charge storage fees as permitted by Illinois statute, the answer is YES. Just to be on the safe side, I would send the lienholder a letter by certified mail with return receipt requested, memorializing your... View More

2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... View More

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

I agree with Mr. Jesky. I would only add that your question has nothing to do with Workers' Compenstion which is an area of law concerning work-related injuries.

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1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... View More

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... View More

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