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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,743 total


  • Can I sue (in small claims court) a person who is covered my insurance for damages caused to a vehicle in an accident?

    My car was hit while I was working in the parking lot of my workplace. I was not in the car at the time and was notified of the accident after the fact. The damages to my car according to the estimate is $3861.43. The market value of my car is ...

    Charles’s Answer

    If $1,417.43 is the fair market value of the car, that is your maximum recovery. The insurance company may also require surrender of your title if you want to keep the car because they would own it. If you want to repair it, you may have to "buy" it back from them for the salvage value.

    If the car is worth more, press the insurance company for a market survey to determine how much the same car has recently sold for in your area.

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  • Do i have any legal recourse for out of pocket expense for an accident i did not cause.

    I was in an accident on the 11th. of July I was t-boned on the drivers side of my car by a large suv. No one was injured but my car was badly damaged and is at a body shop waiting for an appraiser whom will not be out until the 27th. of July i wa...

    Charles’s Answer

    As Mr. Friedman noted, your options are VERY limited when the amount in controversy is so low. You certainly could not justify hiring counsel.

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  • Can a lawsuit be refiled in Illinois after being dismissed because the attorney did not make an appearances?

    My mother broke her leg due to a pot hole in a mall parking lot that was covered by snow. She hired a law firm to represent her interests because the break required surgery to repair and complications resulted from the surgery. The attorney handli...

    Charles’s Answer

    On these circumstances, probably. You are generally NOT able to reinstate a case that is dismissed for longer than 60 days. Hire another attorney IMMEDIATELY.

    You can find an experienced Personal Injury 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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  • Someone threathen me and my familys life. I dont know what to do...

    I am a kiosk owner in the shopping mall and the owner of the other kiosk came to me and threathen me and my family members life with the reason he lost money while compiting with my prices. He did this verbally so I dont have any proof.. Any advis...

    Charles’s Answer

    If you truly feel this threat was sincere, make a police report. Then go to the Marion County Prosecutor and request that charges be filed against the other kiosk owner for Intimidation. Given that your businesses are so near to each other, it may be impossible to enforce any protective Order.

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  • Can a hospital fire me if I'm off work on workers comp?

    Was injured on 3-2-16 with tendinitis. Had surgery on 5-17-16 to repair my right elbow. Now the Dr. Has me going to pt for 4 weeks. Been off of work the whole time. Today I received a call from my employer saying my position was given up for hire,...

    Charles’s Answer

    Unless you are protected under a collective bargaining agreement or employee manual, they almost certainly CAN fire you. That is what it means to be an "at will" employee. No state law protects you from dismissal. The only protection under the various Workers' Compensation laws is protection against any retaliation that an employer may take against you BECAUSE you filed a Workers Compensation claim. You correctly note that FMLA is your ONLY protection against job loss. Your attorney should have explained the importance of working with your employer to accommodate your light duty restrictions so as not to exhaust your FMLA time.

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  • A car T-Boned me; I was not At fought; Her cheap insurance won't pay; I need new advice; I

    The other car was at fought. She ran a stop sign and T-boned me on Kedzie Ave in the South Burbs. She received tickets. I didn't. I have medical bills and my car was totaled. My car was very old but it was in good shape and totaled. I had state fa...

    Charles’s Answer

    It is ridiculous to suggest that you should settle your claim for less than the medical damages unless you are dealing with a $20,000 chiropractor bill. The primary factor in determining the value of any personal injury action is the degree of permanent injury which you sustain. At the end of the day, the value of your claim may be limited by the available insurance. If you have $30,000.00 in legitimate medical bills and there is only $24,000 of insurance coverage (IL minimum), you could well end up owing money. Make sure you understand what is going on BEFORE you fire your attorney. Your first attorney has a lien on the file and it will be difficult or impossible to find a new attorney who is willing to handle your claim. Good luck.

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  • How long does it take to process a workman's comp claim?

    I hear some people say it takes years to settle as if it is some lawsuit. I thought it was just an insurance policy to replace your income... kind of like getting your medical bills paid for and lost income replaced but I don't think that would t...

    Charles’s Answer

    As my colleagues have indicated, there are so many variables that no meaningful answer can be given, online. If the claim is NOT disputed, your benefits should start immediately. Even if they do, you have no way of knowing whether they are being paid at the correct rate without an attorney. NO ATTORNEY can charge you for anything that the insurance company pays, voluntarily AND timely.

    The biggest variable in the timing of Workers' Compensation claims is how long it takes you to get the needed medical care and to determine your deficits, if any.

    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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  • Idon't want my license get suspending what can I do ?

    I'm traveling to my job 52 miles on a daily basics and i couldn't afforded to loose my license, i did a fraud on 2005 with a different social security i make a mistake so the state send me a letter to let me know the i get my license suspended for...

    Charles’s Answer

    Nobody can give you any meaningful answer here. You need to consult a traffic attorney, IN PERSON, to discuss the details of your prior violations as well as this one. That's what you should have done in 2005 rather than committing fraud. Do NOT delay. Good luck.

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  • I was assaulted at work by a guest of the boss and later they fired me for being too jumpy. Workman's comp?

    What can I do? 20 year public teacher- union negotiating contract and not helpful- "sacrificing one for the greater good" Can I qualify for workmen's comp?

    Charles’s Answer

    It is possible but the analysis is VERY fact-sensitive. Talk to a Workers' Compensation attorney.

    Also discuss with an employment law attorney whether you may have a Wrongful Discharge claim. EVEN if you do, you MUST work to mitigate your damages. That would entail an immediate job search where you memorialize all contact with prospective employers.

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