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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,773 total


  • Who is at fault?

    I gave someone the right of way to exit a gate at work onto the street. I stopped to let him out, there was only a small window for him to go. He didn't take it and then came a long line of traffic so he couldn't go. I started going again and he j...

    Charles’s Answer

    You admit that you gave him the right-of-way. You CANNOT change your mind. He may well have hit someone else but he would not have hit you if you hadn't changed your mind. You are at fault.

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  • What do I do if I was tboned by a fellow coworker leaving work?

    He hit me leaving work, he was entirely at fault and there are witnesses from work, however I didn't get a police report and he drove off. I also do not have car insurance. Is this maybe one of those bite the bullet situations?

    Charles’s Answer

    Your lack of insurance has NOTHING to do with it. If your car was t-boned, it is probably totalled. Were you injured? Why no police report? Do you have the names and addresses of eyewitnesses?

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  • What is my case worth?

    My work truck (attenuator vehicle) was rear ended by semi truck. I sustained scalp laceration, head injury with loss of consciousness, contusion of right shoulder , lower leg pain and thoracic back sprain. Also I've had a headache since the accid...

    Charles’s Answer

    Commercial truck insurance is virtually limitless, however the claims are scrutinized more closely than auto claims. Don't trust an answer from anyone who has not reviewed your medical records which MUST include a neurological exam. If you have "word-finding" problems, short-term memory impairment, or are short-tempered, in addition to your headaches, you are probably suffering from post-concussive syndrome. If so, you NEED to undergo neuropsychological testing to quantify your level of impairment. You also need to have an orthopaedic surgeon evaluate your shoulder and your spine.

    ONLY then can anyone honestly answer your question.

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  • What happens if you are involved in a car accident but both cars were not damaged and left the scene?

    If a driver reversed into another car to move out of the intersection of oncoming traffic, bumped the car behind them, neither cars stopped to ask questions and both left the scene with no damages to the cars, what should the person who reversed i...

    Charles’s Answer

    If you were the car that reversed and you failed to pull-over, the other car would have no way to communicate with you. If the other car alleges damage and wrote down your license plate, you may be charged with leaving the scene. There is no way to fix it, now. If you are charged, hire a traffic attorney ASAP.

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  • What is my next step in collecting a settlement from 3rd party insured policy owner.

    I was rear ended in June 2016. I was stopped in traffic at an intersection. The driver stopped and we asessed the damage and moved over to curb lane. We exchanged info, I noticed the driver was not the regeistered owner and insured. I spoke with...

    Charles’s Answer

    Your first mistake was your failure to make a police report. You are now stuck with paying for the repairs or making a claim on your own policy. If you have the accident on video, send it to the insurance company. No video can prove that the driver had permission to drive the car.

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  • How do I get a loan when I have a workers comp case pending?

    I am about to lose my car and my bills are all behind.

    Charles’s Answer

    As usual, I agree with Mr. Hoffman. That said, it may be better to pay high interest than ruin your credit or have your car repossessed. Most loan companies will want your attorney's evaluation of the claim. Moreover, you would want to know how long you are likely to be paying that high interest. Any attorney can direct you to a case loan lender for you to borrow money against your claim. YOU NEED AN ATTORNEY ASAP.

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  • How much my settlement should be?

    I'm a heating and cooling technician and while I was working in a roof the ladder I was on fell off, I broke my 2 arms and had a T9 fracture, I had several surgeries in my right arm and one in my left arm, I also have moderate pain in my back, My ...

    Charles’s Answer

    Without an attorney, I guarantee that you will NOT receive fair compensation for your injuries. If you are not able to do the same work or need to work fewer hours, you may be entitled to a wage differential. This CAN be worth many times the fair value of your individual injuries. Eligibility for a wage differential cannot be made in an online forum. You NEED an experienced Workers' Compensation attorney, ASAP. The best time to hire counsel for a work injury is ASAP. Whether we represent you for 6 weeks or 6 years, the fee is the same.

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  • Is Amtrak liable?

    Amtrak's policy is that they provide assistance to people with disabilities. I asked for assistance upon arrival due to having luggage as well as my 5 year old but was not given assistance. I was directed to take the escalator. I did, and fell dow...

    Charles’s Answer

    This is NOT a Workers' Compensation question because you were NOT injured in the course and scope of your employment.

    You allege no defect in the premises. On your facts, you have no viable claim, of any kind.

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  • I need a lawyer for workmen's comp but none of the ones I interviewed told me I could lose long term payments if I settle

    I am so scared to do this without an attorney. I need an attorney. But I am totally freaked out because I just spent a week interviewing people and more than half of them are ready to take my case so I was just trying to choose which one when I ...

    Charles’s Answer

    There MANY options for resolving a WC claim:

    1.) Trial on permanent total disability - if awarded, you get 3 things: Weekly payments for life, medical care related to the injury for life, AND a COLA allowance from the State through the Rate Adjustment Fund. You would need to hire a doctor and a vocational rehabilitation expert.

    2.) Trial on a wage differential. if awarded this, you get2/3 of the difference between what you were making when you were injured and what you can earn now, TAX FREE, for life and lifetime medical care.

    3.) If you settle the claim, for ANY amount of money, you are done. No more medical and no more money.

    MANY people choose the settlement for lesser injuries because they get the money, all at once, and move on with their lives. Option 1 and 2 are RARELY discussed by most WC attorneys because instead of getting their fee in one check, they need to wait for 7 years, taking 20% of each check ir taking every 5th check PLUS their costs. It could take 8-10 years for the attorney to get his money.

    The second two options may NOT be right for you but do NOT trust any attornry who cannot explain them.

    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. You CAN change attorneys but if you do, do it ASAP.

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  • W/C, IL, What to do when when 2/3 of your pay isn't enough?

    After posting question related to an injury that may require surgery and/or missed time from work, I received many great answers...and I'm thankful for it. I recently had a consultation. However, given the law only requires 2/3 of my pay while off...

    Charles’s Answer

    The 2/3 is 2/3 of the GROSS pay. and should cover your expenses. It is silly to suggest that that you have a choice about getting needed medical care. If you really can choose, the care is elective, not necessary, and therefore not covered under WC.

    The ONLY thing you can do to supplement your income is to borrow against the outcome of your case. It is NOT recommended because it is expensive but it is available for the asking. Again, the only two scenarios where your TTD (weekly benefits) would be more than a few dollars less than your regular net paycheck are: 1.) You don't pay taxes; or 2.) You work a great deal of mandatory overtime.

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