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Illinois Personal Injury Questions & Answers
Q: How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?

I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More

Charles Candiano
Charles Candiano
answered on May 9, 2025

First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More

0 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Illinois on
Q: Can my employer refuse my full-time position after work injury in Illinois?

On September 4th, 2023, I was injured at work as a full-time employee, and my injury was covered by workers' compensation. After my medical appointment tomorrow, I expect to be cleared to return to work without restrictions. However, my employer is now saying they can't offer me a... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Personal Injury for Illinois on
Q: Will paying a failure to yield ticket cause license suspension in Illinois?

About four years ago, my license was suspended due to multiple violations within a 24-month period when I was under 21. Recently, I was involved in a minor car accident and received a ticket for failure to yield. The vehicle I hit only had a few scratches, with no injuries involved, and my car is... View More

Theodore J. Harvatin
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answered on Apr 30, 2025

No it will not. If you show up in the other side, doesn’t the case will be dismissed. Even if they show up, you’re better off requesting supervision than taking a conviction.

Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for Illinois on
Q: Liability if lost firearm is used in a crime or causes injury in Illinois.

I accidentally lost my registered firearm when it fell off my vehicle while driving. I've reported the loss to local authorities, and the gun is entered into the LEADS system as lost. Despite searching thoroughly and having officers assist, it remains unfound. I'm concerned about my... View More

Cheryl Powell
Cheryl Powell
answered on Apr 27, 2025

Since you have already reported it to the authorities, there is nothing else you can do. Just be prepared to present an alibi if it ends up being used in a crime.

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1 Answer | Asked in Workers' Compensation and Personal Injury for Illinois on
Q: How to resolve delayed TTD payments after working for 10 days in Illinois?

I have been waiting for Temporary Total Disability (TTD) payments for almost a year related to my back injury in Illinois. Despite not receiving any reasons for the delay, I was found working for 10 days in another job. How can I resolve the delayed payments?

Charles Candiano
Charles Candiano
answered on Apr 28, 2025

I hate to repeat myself, but when you represent yourself in an Illinois Workers' Compensation claim, you are all but guaranteed a sub-optimal result, less money, and more problems. Why on earth would you wait an entire year? What have you done in the last year? What is your diagnosis? Have... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Personal Injury for Illinois on
Q: Will paying a failure to yield ticket lead to suspension in Illinois?

About four years ago, I had my license suspended due to too many moving violations within a 24-month period when I was under 21. Since then, I attended driving school and haven't received any tickets until recently. Yesterday, I was involved in a minor car accident, resulting in a ticket for... View More

Theodore J. Harvatin
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answered on Apr 27, 2025

if you were insured and this was a minor accident, chances are the other driver will not be motivated to show up. The ticket would be thrown out

But if the other driver does appear, ask for supervision. No points will be assigned and it will save on insurance. However, in answer to your...
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3 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Theodore J. Harvatin
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answered on Apr 27, 2025

Show up in court. If you had insurance and it was a minor accident, it’s likely the other driver will not show up in court, and the ticket will be dropped.

If the other driver does show up, you could plead guilty and it would not affect your license because it would not be a third Moving...
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2 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Please accept the following observations from someone who has handled multiple instances of closed head injury before the Illinois Worker's Compensation Commission and in the circuit courts.

1.) You made the mistake of hiring a large law firm rather than an attorney. When you hire...
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0 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: What legal options exist for incomplete fibroid removal leading to severe anemia and intervention?

On April 10, 2024, I had surgery to remove a fibroid to address heavy menstruation. However, after the surgery, I continued to experience heavy bleeding. Despite my complaints, my obgyn prescribed medication that didn't help and suggested inserting an IUD while waiting for it to arrive. On May... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Seeking compensation for dental damage due to prenatal tetracycline exposure.

I am 53 years old and have suffered significant dental damage attributed to tetracycline exposure, which occurred when my mother was given the drug while pregnant with me. Several dentists have confirmed that my dental issues are consistent with tetracycline damage, and these issues have severely... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

From whom? The 1st studies of tetracycline use by pregnant women were only just conducted in the mid-sixties, and the risks associated with tetracycline use during pregnancy, especially in later stages, were NOT well-established until the 1980s. When you mother was carrying you, in 1971, there... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff

if yea i thought there is a 2 year statute of limitation

Charles Candiano
Charles Candiano
answered on Apr 23, 2025

There is a two-year SOL. I did not say that you, specifically, could be added because many more details are needed to perform that analysis. If your involvement "relates back" to the same transaction and occurrence that is the subject of the filed lawsuit and it can be demonstrated... View More

1 Answer | Asked in Medical Malpractice, Civil Litigation and Personal Injury for Illinois on
Q: Can I be added as a defendant after receiving a subpoena in a malpractice suit?

I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff wants to depose me. Can they still add me as a defendant?

Charles Candiano
Charles Candiano
answered on Apr 18, 2025

Yes, they could.

0 Answers | Asked in Admiralty / Maritime, Wrongful Death, Civil Litigation and Personal Injury for Illinois on
Q: Request to declare husband dead after drowning; registry office requires court decision.

Mrs. Smith submitted a statement to the court asking to declare her husband dead. He worked at a fishing cluster and, nine months ago, fell out of a dinghy and drowned while intoxicated. The statement included an accident report and a decision from the prosecutor's office refusing to initiate... View More

Q: Do I need arbitration in Illinois due to harassment and TOS agreement?

I am dealing with a B2B lead generation company whose Terms of Service require arbitration in Illinois, but the business has been harassing us and attempting to bribe us to remove a review of their services. Despite our cease and desist efforts, they retaliated by leaving an unfounded review on our... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

Harassment is a legal finding, NOT something that can be simply be asserted by a party. You give no example of the conduct that you allege constitutes harassment. If you signed a contract with a choice of laws clause that mandates Illinois jurisdiction, that is where you are. Be careful!... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: What is the standard of care for DJD in hips related to Wexford Health dispute?

I have been diagnosed with degenerative joint disease (DJD) in my hips, as shown by X-rays. I am experiencing instability in walking and standing, along with severe pain. There is an ongoing dispute related to the care I am receiving from Wexford Health Sources. Should I see an orthopedic... View More

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2025

You ask a good question, but it is more the territory of medical professionals than attorneys. Consider consulting with medical provider(s) with experience in DJD. In terms of a standard of care, that could vary in the medical profession according to the skills and specialization of the... View More

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1 Answer | Asked in Business Law, Contracts, Civil Litigation, Consumer Law and Personal Injury for Illinois on
Q: How can I hold a contractor liable for poor work and possible fraud in Illinois?

I hired a contractor in December 2024 who provided a purported license and insurance, but I cannot verify him as a registered contractor. He did roofing and plumbing that was not up to code, and I've already filed against him with professional regulation. He claimed to repair severe termite... View More

James L. Arrasmith
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answered on Apr 14, 2025

It sounds like you’ve encountered a serious situation, and it’s understandable that you want to hold the contractor accountable. The first thing you should do is check if the contractor violated any local or state laws regarding licensing. Even if he is not a registered contractor, he could... View More

Q: Legal action for nondisclosure of home issues?

Last fall, I purchased a home where the inspector was chosen by my agent, who had previously worked with him. After reviewing the inspection report, I raised concerns and wanted my own contractor to inspect the property, but this request was dismissed. I was advised to only focus on electrical and... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re asking a very important and practical question, especially when it comes to protecting your health and your finances after an accident. Since the other party’s insurance has accepted liability and you have a police report supporting your case, you have the right to seek medical... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can my son's MS from mercury fillings fall under the 10-year statute of repose?

I have twin sons who received dental fillings: one received 9 composite fillings, while the other received 9 mercury silver fillings. The latter twin developed MS, which was linked to the mercury fillings by a renowned neurotoxicologist's published research and extensive documentation.... View More

Charles Candiano
Charles Candiano
answered on Apr 6, 2025

Statute of repose for what? TODAY, there is no restriction or guideline against amalgam fillings in Illinois so even if you could prove a nexus between the fillings and the MS (and I don't see how you can), you CANNOT hold the dentist responsible because using amalgam fillings is still... View More

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2 Answers | Asked in Traffic Tickets, Insurance Defense, Car Accidents and Personal Injury for Illinois on
Q: Will I go to jail for my first traffic offense causing car damage and being uninsured?

I was involved in my first traffic offense where I was uninsured and caused property damage to a car. The damage involved was car property damage, and I have a clean record until now. I have been given a court date. Will I go to jail for this offense?

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

Assuming the citation was issued in Illinois, almost certainly not. That is probably the case in Wisconsin but I do not practice in Wisconsin so I cannot tell you. That said, you must immediately make arrangements with the other driver or his insurance carrier to make payments on the debt or... View More

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