Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Charles Candiano
1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: What should I do when I have lack of communication with my lawyer & have reached full MMI?

I’m 26 with two surgeries in one year from a job injury that led to termination. I still have chronic pain after having both surgeries in a year. It’s been 3 years that my case has been ongoing and I’ve reached MMI. I have been having major neck pain on the opposite shoulder & I don’t... View More

Charles Candiano
Charles Candiano
answered on Dec 8, 2021

There is no excuse for no contact in 4 months and there is rarely a need to speak specifically with your attorney. There is no reason why someone cannot get a question answered for you, MOST of the time. If your attorney is doing his job, he should be apprising you of options. No attorney can do... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If fired while on workers comp, can your lawyer fight to get your job back if it was an wrongful termination?

Was fired because I was unable to go into work, I kept calling my supervisor to say I wasn’t coming in but he would just ignore my call.

Also how often should you meet or speak with your lawyer I can rarely get in contact with him. Out of the 3 years I believe we only spoke 6 times and... View More

Charles Candiano
Charles Candiano
answered on Dec 6, 2021

Your employer has NO obligation to hold your job (beyond the 12 weeks under FMLA, IF APPLICABLE) while you are off on a work injury. Some clients call frequently and some do not call at all. Staff can answer most questions and it is reasonable for answers from your attorney to be relayed by... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: If a vehicle is standing that got hit by another car can I sue the driver of the standing vehicle also

Lawsuit

Charles Candiano
Charles Candiano
answered on Dec 6, 2021

If a vehicle was stopped on a roadway and ANY of the vehicle remained on the roadway, it constituted a hazard to other vehicles on the roadway and it is liable for ALL property damage and injury that results, no matter how many vehicles are involved. If the stopped car caused the car that hit you... View More

View More Answers

1 Answer | Asked in Car Accidents for Illinois on
Q: I have a Vehicle that is under warranty that has an engine problem. I have receipts of the maintenance done on the car,

Warranty company rejected the claim because the work was not done by a national chain? Can they do that?

Charles Candiano
Charles Candiano
answered on Dec 1, 2021

You have a contract with the warranty company. Nobody can answer your question without looking at the contract. The warranty company doesn't want you to go to someone who doesn't know what they are doing, do MORE damage, and then have you come back to them for more service.

1 Answer | Asked in Car Accidents for Illinois on
Q: My car was involved in an accident a side swipe at the scene I gave my information the other party pulled off

The other party didn’t give me there information a couple weeks after the accident this young lady contacted me via Facebook and got my cell from local people sending me threats of what’s she’s going to do if I don’t cough up money for her car after we went back n forth a moment of who’s... View More

Charles Candiano
Charles Candiano
answered on Nov 20, 2021

Why are you admitting to a hit and run, in a public forum? You gave the other driver your information because you were at fault. You were obligated to get the other driver's information and you should have made a police report and turned it in to your insurance company. The only reason... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... View More

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Charles Candiano
Charles Candiano
answered on Nov 11, 2021

Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement...
View More

1 Answer | Asked in Personal Injury for Indiana on
Q: I thought I got assaulted but it was an accident come to find out. Can I drop charges?

I have severe ptsd (I have documents from my doctor to prove this) from a previous abusive relationship. I was half asleep when it happened. It was dark. And my back was turned. I panicked and went into a panic attack and called 911. He even said "I didn't see you there I'm sorry why... View More

Charles Candiano
Charles Candiano
answered on Nov 8, 2021

There is a BIG difference between honestly reporting an assault in error and perjuring yourself to stay in an abusive relationship where the police are used as pawns. Tell them, honestly, how you must testify.

Please understand that Prosecutors and police waste way too much time on...
View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano
answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

1 Answer | Asked in Car Accidents for Illinois on
Q: If I got Into a car accident and I was issued a ticket but the cop said I didn’t have to show up to court I just had

To pay it. But then I got a letter in the mail saying I have to show up to court.what does that mean?

Charles Candiano
Charles Candiano
answered on Nov 3, 2021

Obey the "letter" from the Court. Most importantly, Contact your insurance carrier and seek their advice BEFORE you do anything that may jeopardize your coverage. Part of your insurance is a "duty to defend" you. That would be VERY expensive or not affordable if you had to pay for it.

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... View More

Charles Candiano
Charles Candiano
answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Need advice on insurance company trying to claim our statute of limitations ended in Indiana over an accident.

Their client was at fault, been trying to get a reasonable settlement outside of medical liens, and Selective insurance is now trying to say they don't owe us anything because we couldn't come to an agreement on what was a fair amount to resolve the issue.

Charles Candiano
Charles Candiano
answered on Oct 9, 2021

If your accident occurred on or before 10-08-19 and you did NOT file suit on or before 10-08-21, the Statute of Limitations HAS run and you have no right to recover anything. This is yet another reason why you should have hired an experienced personal injury attorney. If the attorney missed the... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: what is a 11-602 citation

girl ran a stop sign hit me and cited for 11-602A

Charles Candiano
Charles Candiano
answered on Oct 9, 2021

You got two speeding tickets that will be prosecuted by the City Attorney under local ordinance. HIRE A TRAFFIC Attorney but DO NOT PAY. PAYING is pleading quilty and watching your insurance premiums rise. As to the accident, discuss with your insurance. They DO have a duty to defend you,... View More

View More Answers

1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?

My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the... View More

Charles Candiano
Charles Candiano
answered on Oct 1, 2021

If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano
answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... View More

2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... View More

Charles Candiano
Charles Candiano
answered on Sep 15, 2021

Small Claims is informal and frowns on Motion Practice. If you are in Small Claims, just tell the judge. If you have an attorney, he/she will know what to do.

View More Answers

1 Answer | Asked in Personal Injury for Illinois on
Q: Personal injury pro se law suit

I filed a pro se PI suit on 8-30-21 I have found supportive material, till which date I am allowed to file, summons are served and time given for defendends to appear or file

Charles Candiano
Charles Candiano
answered on Sep 15, 2021

The way this works is you need to ask a question. If you are looking for an attorney to represent you, we all give free consults but do NOT expect a discount because you filed. You may or may not have properly drafted the Complaint and you may or may not have named the correct Defendant. If you... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: My granddaughter was hurt at school Thursday and I wasn't notified or no note sent home she did she the school nurse

Took her to doctor she has a broken arm had to take her to orthopedic for cast and appt next week if not healing properly she will need surgery

Charles Candiano
Charles Candiano
answered on Sep 12, 2021

Though certainly appropriate, the school has no duty to notify you. Moreover, you offer no facts to suggest that the school was responsible for her injury or that the delay in medical care resulted in further harm. If the school caused your child's injury or the delay made the injury worse... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano
answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.