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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,579 total


  • Do attorneys get paid twice?

    I was in an accident in 2/2014 and was hit by a drunk driver. His insurance paid me $25K, as that was his policy limit. My lawyers and I have gotten a final offer of $45K from my under-insured motorists claim through my insurance, since they fee...

    Charles’s Answer

    You are asking whether the attorney is entitled to a fee on the med pay. The answer is yes. The attorney only gets one fee but it is calculated on the entire recovery.

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  • Can I file a small claims suit against someone who hit my parked car? Insurance only covering a portion of what I owe on the car

    I own the title to my car, however still owe money on the vehicle. The insurance deemed the car totalled and have offered a settlement that will not cover the remaining amount on the car nor the ability to purchase or even lease a new vehicle. Upo...

    Charles’s Answer

    You CANNOT do that. You are entitled to the fair market value of the car, only. There can be no pain and suffering from property damage.

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  • Can I still take legal action?

    On February 12, 2014 I was injured at work. I received a work comp settlement. Can I still seek legal action against my former employer?

    Charles’s Answer

    You cannot sue your employer, regardless of whether you settled or not. Your only potential action is against any defective equipment, if any.

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  • What if I do not settle with a car insurance? Is the insurance still going to pay my bills if I am not at fault?

    Hello, I was a passenger in a car accident in Illinois and the driver of the car I was in was at fault. His insurance received all the bills linked to my accident and want me to settle. I do not want to lose my right to sue in the future so I d...

    Charles’s Answer

    If you have group health insurance, submit the bills, immediately! The ONLY thing the insurance company MAY pay before you settle is its med pay. Hire an attorney ASAP to explain all of this or I guarantee you will end up with the short end of the stick.

    The bills will almost certainly go to collection unless you have insurance or you were NOT badly injured. Nobody heals quickly enough to prevent it.

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  • Parking valet negligence - advice/assistance needed

    I recently parked my car at a local venue where valet parking was available and after handing the money to the valet and he exchanged the receipt ticket, he told me to leave the keys in the car(the engine was running, with the handbrake on and the...

    Charles’s Answer

    On the one hand, this is called a bailment. The valet accepted responsibility for the care and safety of your car in exchange for the money you paid. The bailee is liable for damage to your car AS A RESULT OF ANYTHING IT DOES OR FAILS TO DO. This is black letter law.

    On the other hand, NOTHING the valet did or failed to do caused the damage. You parked the car on an incline without sufficient braking so you are probably responsible for the damage to the "expensive" car. You could just as easily have turned the car off, placed it in gear. and "left the keys in the ignition" which was the only instruction the valet made.

    I say you are responsible.

    Pay reasonable repair costs. You can request two estimates.

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  • How can I get the at fault trucking company's insurance company pay for down time and such?

    I have a trucking co in SC. My driver was hit at a truck stop in Indianapolis, IN while he was sleeping. The insurance company doesn't want to pay for down time My truck was down almost 2 months being repaired in IN. We had expenses like, hotel, a...

    Charles’s Answer

    You would NOT be entitled to "down time" because you could have leased a vehicle while yours was being repaired. You have a duty to mitigate your loss (keep it as low as possible). The at-fault insurance WOULD be responsible for all additional costs you did incur.

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  • Do I possible still have a case and can be compensated?

    I was hit by a car back in 1999 while at school. My mother just told me she was never compensated for the accidentaccident and that the ambulance chasers got a hold of my case. So as of now I want to know if there is anything I can possible do abo...

    Charles’s Answer

    Ambulance chaser is a pejorative term for a personal injury attorney. If no suit was filed and your birthday was 7-30-1995 or before the statute of Limitations has run - it's too late.

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  • When I sent my question in I didn't realize I stated "NCIS". The agency I was really referring to was NICS.

    Can NICS find military records with past blemishes like misdemeanor military trials?

    Charles’s Answer

    You probably mean "NCIC," National Crime Information Center. The answer is YES, any conviction would show up on an NCIC report.

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  • My dog bit a girl that im dating's daughter.

    the dog is not on my home insurance policy because the it is technically my ex's dog and she didnt take him when she left.

    Charles’s Answer

    You did not ask a question but here is an observation. You do not insure a dog like a car. The dog is within your custody and control. It is irrelevant who "owns" it. Your homeowners policy will cover the incident, after any deductible.

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