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Questions Answered by Charles Candiano
1 Answer | Asked in Personal Injury and Landlord - Tenant for Indiana on
Q: Can you still sue for losses if they changed power of attorney over if it happened before they changed power of attorney

In other words can you pursue their assets if it happened before they changed power of attorney over

Charles Candiano
Charles Candiano
answered on Mar 17, 2022

You posted this under landlord-tenant law but you are asking about a power of attorney. You need to provide more details before anyone can provide a meaningful response. Questions that you should address when you repost this include:

Are you the tenant or the landlord?

How are you...
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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: My 17 yr old was in an accident, Can the parent be sued if the policy is not enough to cover medical bills?

My 17 yr old was involved in a car accident, she was found at fault for failing to yield on a left turn, the other driver was speeding and had no seat belt on and was severely injured. My policy limits will probably not cover the cost of his bodily injury. What happens in a case like this? Can I be... View More

Charles Candiano
Charles Candiano
answered on Mar 15, 2022

Technically, yes. Practically, no. Remember this and increase your coverage in case you or a loved one is injured by an uninsured driver or someone with minimum coverage.

The injured party absolutely can sue you and your child. Here's the problem. Your insurance company is willing...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is it legal for a workers compensation insurance company to use a blank signed medical release with various providers?

The form was signed but no provider added and the company just changes the name to get information for the claim or for investigation of the claim- example, records for prior injuries that are not under the claim but for that same body part. So providers that the worker’s compensation is not... View More

Charles Candiano
Charles Candiano
answered on Mar 9, 2022

If you sign a check without entering a payee or an amount, can it be cashed?

The answer to both questions is yes.

Moreover, if a WC carrier pays for medical care, they have a statutory RIGHT to access the records. They do not need your permission unless they refuse to pay. If...
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1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Indiana on
Q: Does the dog owner still have to pay the full vet bill from a dog attack if you made a Fundraiser for emergency help?

My dog was attacked we emptied our bank account to pay the bill because the owner of the other dogs couldn't pay upfront. I got a fundraiser to help us in our time of need. Now she feels she doesn't have to cover the full amount. Is she still entitled to pay the full amount?

Charles Candiano
Charles Candiano
answered on Mar 5, 2022

To be "entitled" is to have the right. She has the "right" to pay but NOT the obligation. The fundraiser collected money for the dog's vet bills. That money MUST be used to pay the vet. She is obligated to pay ONLY the shortfall between what you raised and what you... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Indiana on
Q: I just got a notice from the plaintiff for a deposition. A hearing for a motion to dismiss is scheduled. Do I go anyway

It is a civil tort case. The plaintiff served me by publication and I have yet to see his original complaint, yet still just got sent a notice for deposition. The plaintiff even included costs of deposition. Do I have to go? There’s a hearing for a motion to dismiss scheduled and the courts... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

If you are the defendant and you filed a Motion to dismiss, you must be represented by counsel. ASK YOUR ATTORNEY. In general, refusal to obey a subpoena places you in contempt of the court that issued the subpoena. Failure to obey the subpoena can result in multiple penalties which may include... View More

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1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... View More

Charles Candiano
Charles Candiano
answered on Feb 27, 2022

You obviously are represented by counsel and as Plaintiff, your attorney is working on a contingency fee so it costs you NOTHING to get an answer from the person who knows most about your case. Ask your attorney.

In general, pleadings are court-specific. If you file a Motion in one State...
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1 Answer | Asked in Personal Injury for Indiana on
Q: I need a format for a claim of pain and surrering and misuse of federal guidlines and l8tigations
Charles Candiano
Charles Candiano
answered on Feb 23, 2022

If you are planning to sue in Federal District Court and you are looking for a " Form," it doesn't work like that. Moreover, the Court will NOT be charitable enough to wade through more than a sentence that is as badly written as your question. I am not criticizing so much as... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Is it malpractice if my specialist has not ordered a refill of a medication that is very dangerous to stop cold turkey?

I take pregablin for fibromyalgia. I called for my rheumatologist to send a refill to my pharmacy on Friday, called again Monday & they called back stating he couldn't get it to go through his computer. They offered to 'try again tomorrow'. I called today & the phone nurse... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

I am trying to be candid, not sarcastic. You sustained no harm and therefore your claim is worth nothing. In personal injury litigation, you are compensated for the injury that you sustained. On your facts, you might have sustained injury but you did not sustain injury.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I hurt my hand at work and broke a bone. How much should I expect Workmans comp to settle for after it gets better?

They only pay me 60 something percent of my pay because of covid. We dont have lright duty which pay 80%. So it took them 3 weeks to see the broken bone in the mri. I'm missing lots of double right now at work. And the money I get barely pays any Bill's. How do I calculate pain and... View More

Charles Candiano
Charles Candiano
answered on Feb 14, 2022

You need an experienced attorney.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if you do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of...
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1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... View More

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for Illinois on
Q: Family members force me into a relationship, using my children as with an individual that is sexually active w/ them

Been going on for 10 years or more, mothwr(RB) states husband(JTB) let's her. Then when her husband gets caught I get the he'll beat out of me, GOT THE VIDEO. Then JL says I owe him money

Charles Candiano
Charles Candiano
answered on Feb 11, 2022

What is your question?

1 Answer | Asked in Car Accidents for Illinois on
Q: I got into a car accident nobody was hurt minor damage to both cars but i got cited and now have to go to court

Police said it was my fault and what was on the citation was inpoper turn usage

Charles Candiano
Charles Candiano
answered on Feb 6, 2022

You need to ask a question. If you are asking whether you should hire a traffic attorney, it is always better to be represented by counsel.

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Indiana on
Q: I just need an attorney on this car accident that hit the back of a semi and I was the passenger in the car is still wit
Charles Candiano
Charles Candiano
answered on Mar 1, 2022

If you were injured and fault for the accident was placed on the driver of the car, you have a claim against the driver's insurance policy. If the truck was determined to be at fault, you have a claim against the trucks insurance policy. Either way, no contributory negligence can be attributed... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for Illinois on
Q: Dear lawyers, I hope this message finds you well. Recently, I had an accident, and a car hit me from behind.

The driver’s car insurance is American Family. Based on the State Police Trooper report as well as the American Family insurance company investigations, the driver behind me was at fault for the accident. Therefore, I was told by the American Family insurance company that they will fully cover... View More

Charles Candiano
Charles Candiano
answered on Feb 2, 2022

By definition, whenever the cost of repair exceeds the fair market value of the vehicle, it is totally demolished. On your facts, your car is worth $1500 and would cost $12,000 to repair, accordingly, your car is totally demolished. You have choices.1.) You can accept $1500 and give the title to... View More

2 Answers | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... View More

Charles Candiano
Charles Candiano
answered on Jan 26, 2022

Your question is a bit confusing. If you are saying that you were in an accident where the other driver was at fault and that the at-fault driver was cited with one or more traffic violations, it is only important that you attend the trial if you want the other driver to repair your car. The... View More

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3 Answers | Asked in Personal Injury for Indiana on
Q: Had accident in dump truck I own 4 months after divorce filed is X entitled to any money I receive because of accident
Charles Candiano
Charles Candiano
answered on Jan 24, 2022

I do NOT know Family Law and my answer is entirely from the perspective of a personal injury attorney who has dealt with these situations. Given that you were NOT divorced at the time of the accident, the other spouse had a potential loss of consortium claim (whether or not pleaded). MANY... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?

I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be... View More

Charles Candiano
Charles Candiano
answered on Jan 18, 2022

I agree with everything that Mr. Johnson told you. That said, I think it may be difficult to prove and if I understand correctly that you are essentially asymptomatic, you have no medical bills so even if you win on causation, you have a situation where you would have no recovery. That does NOT... View More

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1 Answer | Asked in Personal Injury for Indiana on
Q: can I get power of attorney after signing settlement agreement without fully understanding it?
Charles Candiano
Charles Candiano
answered on Jan 15, 2022

Please re-post your question in a more coherent fashion. What you ask is not what you mean. I cannot divine what you were thinking or I would simply answer your question. You NEVER have a right to get someone's power of attorney.

If you are asking whether you can void a settlement...
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2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Charles Candiano
Charles Candiano
answered on Jan 13, 2022

I agree with Mr. Van Oostendorp. If there was a decree of divorce, it would state who got the car. If you were never married, it is more difficult for the courts to say. Factors to consider would be whether you have a receipt for the car's purchase, whether your ex made payments, who paid... View More

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