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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,779 total


  • 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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  • Can I sue the driver that rear ended me and their insurance company isn't giving me what I still owe on the car

    I was stopped due to traffic and the car behind me was coming towards me at a full speed, driver made no effort to stop and rear ended me at least 40mph. Now drivers insurance is only willing to pay me 9000 for my totaled car can I sue the driver ...

    Charles’s Answer

    If you are injured, you can sue for your injuries. If $9600 is the fair market value of the car, you CANNOT sue for more money.

    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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  • What might happen in this scenero?

    on my way to work I had a weird traffic situation. I merged into a lane a little late because I didn't realize the road was closed ahead. Apparently I cut off a guy behind me because he starts yelling out the window and tailgating me for several ...

    Charles’s Answer

    Traffic citations MUST be witnessed by the officer who issues the citation.

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  • I am suing a hospital, need some representation, can you please help?

    I was falsely arrested in a hospital, downtown Indianapolis, old wishard hospital, and I had to go to court, fought it and the court dismissed the case, due to lack of evidence, on what they said i did. so it got dismissed and my criminal charge ...

    Charles’s Answer

    If an attorney believed that you had a viable case, you would be represented. These cases are taken on contingency basis so there would not be any up-front cost to you.

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  • Opinion of who was at fault in my husbands 4 way stop accident that totaled our car?

    My husband was stopped at a 4 way stop sign headed north. There were no cars stopped at any other stop sign so he proceeded straight. He was hit by a young boy causing our cars A-frame to shatter on the passengers rear side, the impact cause our c...

    Charles’s Answer

    You have problems. You did have insurance and you probably do not have an accident reconstructionist's report. Without that, it will be difficult to prove which was the striking vehicle. If the a-pillar was shattered, who is going to testify to that? What force would have been required?

    You need an expert to testify to such matters. Experts are expensive.

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