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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,770 total


  • Should I start a claim and get an attorney later or now?

    My father was in a motorcycle accident and suffered a broken bone. Fault is the other driver's since she failed to yield main road and was ticketed by the police officer. At this point he is in the hospital already received 1 surgery and awaiting ...

    Charles’s Answer

    I agree with my colleagues. I would only add that the ONLY thing you will accomplish by having the hospital bill the insurance company is the creation of a lien. If your father had health insurance, submit the bills to THAT insurance company or you will all but guarantee no recovery to your father.

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  • What happens if i miss court in indiana for no driver license

    well i didnt went to court cause of my green card expired and went back to texas to renew it

    Charles’s Answer

    Most courts issue Bench Warrants to all persons who fail to appear. That is the most probable outcome. You NEED to address this because any contact with law enforcement, ANYWHERE in the country will likely result in your arrest. Indiana will NOT extradite from Texas on a Misdemeanor but you may sit in jail for weeks while Texas waits for Indiana to formally respond.

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  • Could some one break down DRE level 3 in the AMA guide......and whole person impairment of 10%? Thank you. (Indiana)

    just curious

    Charles’s Answer

    You may need to rephrase the question. If you are asking whether a PPI rating of 10% MAW is reasonable for a spine injury, you need to supply MANY more details such as whether surgery Was performed, what type of surgery was performed, the outcome of that surgery, nerve damage, if any, and permanent deficits, if any.

    Indiana PPI ratings tend to be wildly conservative and your options are both limited and expensive. In Indiana, the injured worker's attorney has NO ability to argue for a higher rating unless the evaluating physician clearly violated the guidelines in his written report.

    Whatever your situation, you NEED to discuss the particulars in a face-to-face meeting with your attorney to learn what can or cannot be done. This forum is NOT equipped to meaningfully answer your question.

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  • Is there a statute of limitations for a reckless driving ticket in south bend,Indiana?

    My friend was stopped in August 2015 by a New Carlisle,Indiana police for reckless driving. He was not jailed or anything, and was able to go home in south bend, Indiana with the ticket. He received a summons and appeared June 22,2016 to plead not...

    Charles’s Answer

    The Statute of Limitations on this and all Misdemeanors in Indiana is 2 years. The Statute of Limitations on felonies is 5 years (except murder which has no time limit). The more serious the crime, the LONGER the state has to file charges. Representing himself is a mistake. Consult a local traffic attorney. This isn't just his license. There is potential for incarceration.

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  • Does Indiana workmans comp not allow for pain and suffering award? This would be for work related injury.

    A family member was hurt tarping a load on a truck trailer in Boston. The trucking company was based out of Indiana. After three surgeries to fix a rotar cuff, biceap muscle, in a two and a half year span, he was released to go back to work. His c...

    Charles’s Answer

    No state awards "pain and suffering" on Workers' Compensation claims. You always have the right to hire a new attorney.

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  • If you claim pain and suffering or emotional distress in a personal injury case do you need to be treated by a psychologist?

    If I was never seen by a psychologist/psychiatrist can I still claim pain and suffering or emotional distress in a personal injury case?

    Charles’s Answer

    These are 2 separate questions.

    What we commonly talk about as "pain-and-suffering" is more accurately described as loss of enjoyment of a normal life. This would include all things that you can no longer do as well as activities that are no longer pleasurable due to pain levels. This is a component of every personal injury action and is proven by your testimony and the testimony of witnesses who may be deposed during discovery or who you may call at trial.

    If you are seeking to be compensated for emotional distress, posttraumatic stress disorder, anxiety, depression, or some similar disorder, it is absolutely necessary that you have a diagnosis from a medical professional. If you think about it, proving-up a psychological injury is no different from proving up a physical injury - in either case you need the opinion of a medical professional.

    The likelihood of your successfully proving up psychological injury without the assistance of both an experienced personal injury attorney and a medical professional such as a psychiatrist or licensed clinical psychologist is very remote.

    It is virtually impossible for you to negotiate a fair settlement Unless you are represented by experienced counsel. 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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  • My 2nd attorney hasn't given me A CALL, LETTER OR UPDATE re:WC case in 5 months! What can I do before I run out of treatment@eom

    Hi, I hurt my lower back 3/2015. I hired a law office but fired them because the attorneys knew my boss & didn't mentioned it! I then hired another attorney referred to me by my podiatrist. When the new attorney took my case, he stated the 1st att...

    Charles’s Answer

    Your attorney should send a letter to anyone sending you to collection. It is illegal to send you a bill, much less to collection while your case is pending. If you are not getting your weekly benefits, your attorney should have set your matter for a Hearing so that the Commission could order your employer to pay.

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  • Can a hospital place a lien on me for more than what they originally billed me for?

    I was recently in an accident and do not have insurance. After receiving care, the hospital worked with me to reduce the cost of the bill. The final bill I received had some discounts and reductions that lowered the overall cost. Now they have ...

    Charles’s Answer

    The hospital can lien your claim for the usual and customary charges. As my colleagues have indicated, this is a matter for your attorney.

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  • How can I obtain the case file, fda reports etc as evidence for a strong case presentation.

    In July of last year, I suffered a massive stroke from a blood clot within roughly 15 minutes of completing a plasma donation at a well known for profit donation center. In 2003, a woman donated at the same company, in a different state and within...

    Charles’s Answer

    Provided negligence can be proven, this is NIT a DIY project . If it is important enough to litigate, it is important enough to hire experienced counsel. Seriously, Successful prosecution of a med mal claim takes specialized knowledge, doctors who are willing to advise you, and and a big pile of money.

    Hire experienced counsel, NOW.

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  • Is 15500 a fair settlement for negligence of used car dealer for letting someone drive without a DL ?!

    I was involved in a car accident with an undocumented person. He was never issued a drivers license. The car he was driving was from a used car dealership. They have taken responsibility for accident . My car was totaled. I suffered soft tissue...

    Charles’s Answer

    Your question cannot be answered without review of the medical records.Do NOT settle this case without consulting an experienced attorney. NO insurance company would offer 2x special damages unless there were some significant injury. You may have a herniated disk in your neck or back as a result of the accident. If you do, the case is worth 5x what you are being offered. Moreover, you need to PAY BACK your group health insurance / Medicare AND your own med pay. If you do NOT have an attorney, you will need to repay them, dollar for dollar. If you hire an attorney, you can take a 1/3 reduction PLUS a pro rata share of costs.

    You CANNOT do better than a professional personal injury attorney AND you have the headaches of making sure everyone is paid or repaid. Consults are free. You have nothing to lose and everything to gain by consulting an attorney BEFORE you settle.

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