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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,661 total


  • Does workers comp have to pay me a settlement now that I had to have surgery?

    I had a right knee injury in October at work. I tore all the meniscus in the knee and right side of the leg. I also tore 30% of my ACL. I had to have surgery to repair the ACL and remove all the meniscus and debridement. Recovery hasn't been going...

    Charles’s Answer

    I agree with all of my colleagues but Mr. Hoffman has provided the most comprehensive answer. BEFORE you even consider settlement, make sure that all issues with your knee are addressed. The swelling that you have is NOT normal. The knee may need to be resurfaced or even replaced if too much cartilage needed to be removed. You may even be entitled to a wage differential if you are no longer able to earn the same money.

    For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your 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 his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.

    You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.

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  • Can I, as a family member of a victim, contact the defense attorney?

    My father, stepmother and younger sister were killed in a semi-truck crash a few years ago. The driver's been charged with multiple (14) counts of reckless homicide (a total of 5 people died in the accident). He recently fired his attorneys and is...

    Charles’s Answer

    Hopefully, your guardian hired an attorney to prosecute a Wrongful Death action on your behalf. There are hundreds of thousands or millions of dollars at stake.

    You have NOTHING to do with the criminal prosecution which is handled by the State's Attorney. You certainly have no right to discuss the case with the defense attorneys unless they contact you. If that happens, refer them to your attorney. Have NO direct contact with the defendant or the defense team.

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  • Is his employer allowed not to follow the Dr strict restrictions for his knee injury?

    My husband was in a car accident with a deer about a month ago. He sustained a sever knee injury and was out on strict/sever restrictions so no more damage would be done. He has another appt. with the knee specialist at the end of the month. His w...

    Charles’s Answer

    Asking for his employer to schedule a "helper" is NOT a "reasonable accommodation." It is an admission that he cannot perform his job functions. An employer has NO obligation to observe restrictions unless they are secondary to work-related injuries or where there is a "reasonable accommodation." (e.g. a different chair, keyboard, mouse).

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  • What to do in the case of a hit and run like this. .

    The police went to my grandmothers house (where I use to live) and told her my vehicle was involved in a hit and run and gave her a phone number for me to call. I wasnt driving I was clocked in at work until 930 pm the accident happened around 8:3...

    Charles’s Answer

    The police were only looking for you because the plates are in your name and your bf left the scene. Leaving the Scene of an accident is a Misdemeanor so it is not "obvious" why your bf left the scene, thereby guaranteeing him additional jail time.

    You lent your uninsured car to someone without a driver's license and then admitted, in a public forum, that the driver was on an errand at your instruction (picking you up from work). Your bf will definitely serve time and you are responsible for any damage or injury.

    Both of you are up a creek. Your bf needs an attorney. The woman your bf hit will process a UM claim with her insurance. You will be responsible for whatever they pay her. You must agree to a payment schedule AND show proof of insurance BEFORE you will be able to drive.

    Even minor damage and minor injuries will cost you more than you would have spent on years of liability premiums AND your new insurance will be VERY expensive. I don't mean to be negative but driving without insurance is a lose-lose proposition.

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  • Do we need to hire an attorney?

    18 y.o. clocked at 100 in a 45. He admits wrong-doing, knows he made a bad choice. College student (good grades), employed (20-24 hrs/week/good employee), lives at home. Parents have taken away car keys for this vehicle, have instituted a tig...

    Charles’s Answer

    If this young man does not hire a traffic attorney, he is guaranteed to lose his license until he is at least 21 AND/OR your insurance will increase, exponentially. Hire a local traffic attorney in Jefferson County (or where ever he was stopped. Interview local attorneys to compare prices and an assurance of what they expect they can do for you. Good luck.

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  • If the car is totaled can we Sue the insurance company for more money towards a new car?

    My wife was rear ended and her car may be totalled. She is currently pregnant and didn't have any injuries other than a sore neck and back. Her car was paid off and we did not want to have a car payment while she is pregnant. We were hoping to pay...

    Charles’s Answer

    I agree with my colleagues that your recovery is limited to the fair market value. I would only add that many insurance companies will replace your vehicle with one of comparable age and miles. You do not explain how this accident will require that you take on a car payment. It should not force you to do that.

    The property damage claim (the car replacement) and the personal injury claim are entirely separate.

    Whatever you do, DO NOT settle the personal injury claim without discussing the case with a living attorney. Good luck

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  • Can I sue my employer

    I'm a part time worker at an auto parts store. Today while sitting in the store lot waiting on my manager to unlock the store, my coworker pulls up. This coworker and I have and 3 unpleasant meetings. She's making it a habit to come to the job wh...

    Charles’s Answer

    NO. You DO have a Workers' Compensation claim.. Contact a Workers' Compensation attorney ASAP.

    For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your 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 his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.

    You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.

    See question 
  • Is the neurosurgeon liable for failing to inform me of all the risk, mainly the stimulator being to large for someone my size ?

    I had a spinal cord stimulator implanted in 2010, in March 2015 doctor attempted a revision to add a 2nd lead, due to scar tissue lead could not be placed. Sent to a neurosurgeon for placement of 2nd lead. Surgeon opted to place what he called a...

    Charles’s Answer

    Until or unless you have a credible opinion that harm has been done which cannot be reversed, there is no viable malpractice claim. Moreover, surgery is NOT 100% predictable. You will not know your permanent deficits until AFTER you recover from any revisional surgery.

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  • Is there was anything I could do legally? Could he be charged with contributing to the delinquency of a minor?

    I just found out my 17 year old daughter smoked marijuana with her 18 year old boyfriend and his family. I'm not sure how to deal with it yet but I'd like to at least threaten to take legal action!

    Charles’s Answer

    In Indiana, unless you are a prosecuting attorney, you have no authority to bring criminal charges against anyone.

    This is NOT alcohol and even if it was, neither of them is 21.

    Possession or use of Marijuana is not legal in Indiana, under any circumstances, it is contraband. On your facts, your daughter would be admitting to criminal activity. Be careful what you wish for.

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  • How can he get a copy of the search warrant if. in fact, one exists?

    In November of 2010 the police entered my sons home by saying "we would like to talk to you about being a possible witness to a crime". The wife let them in. They proceeded to stand guard over my son while a detective took the wife to another room...

    Charles’s Answer

    "Appeal" infers that your son plead or was found guilty. There is no appeal from a guilty plea. If a warrantless search was made of your son's home, his attorney could have moved to exclude any evidence found in that search. It's a bit late to do anything 5 years after the fact. If his attorney properly and timely objected at trial and on appeal, ON YOUR FACTS, the conviction would have been overturned.

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