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Charles Joseph Michael Candiano

Charles Candiano’s Answers

5,743 total

  • Hemobilia from byopsy, Is there an evident negligence or malpractice case to be made given the circumstances?

    A family of mine x was diagnosed with Hep B in 2012. In 2016, a specialist ordered liver biopsy. 4 days after biopsy procedures, x developed abdominal pains and returned to ER of hospital where the biopsy was conducted, consistent with the instruc...

    Charles’s Answer

    If you are suggesting that your x contracted hemophilia, that is simply not possible. It is a genetic disorder that is congenital - you are born with it.

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  • Do you think my Attorney should be doing more then putting the blame on me?

    In Aug. 2014 I had a second lLaminectomy and partial discectomy, after the surgery I still was having symptoms., after all the therapy and work conditioning I still have severe symptoms (sciatica back pain) I returned to work in May of 2015, I too...

    Charles’s Answer

    Your question doesn't make sense. No meaningful commentary can be made without knowing:
    1.) When were you injured?
    2.) When was the 1st surgery(you say 2nd surgery was in 2014)?
    3.) What was initial mechanism of injury?
    4.) What was rationale for 2nd surgery?
    5.) What is the rationale/explanation for the proposed 3rd surgery AND does your surgeon relate it to the original injury?
    6.) What level(s) were operated (e.g. L4-L5)?
    7.) What level is the proposed surgery?
    8.) What does your attorney mean by "proactive?" This is generally a term that would apply to your attorney. Remember that your attorney is constrained by your doctors.
    9.) Does the lighter job pay less than than your former job?

    You have an obligation to understand the process and your attorney has an obligation to explain the process sufficiently that you understand it in general terms. This often requires more time and effort than the client anticipates and the attorney is willing to commit. It can only work well if you understand one another. Speak with your attorney or meet with him to make sure you understand his expectations of you and so you understand what your attorney can and cannot do as well as what he is willing to do.

    You also need to understand that the longer a claim drags out, the more an insurance company has invested in medical, TTD, expert opinions, and legal expense. There is ever increasing pressure on the adjuster or attorney defending the claim to resolve it. The best attorney will not rush your care but they WILL make sure that no delay is attributable to you or him. Time works against you.

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  • Can i seek any compensation from the at faults party insurance, and if so what kind?

    hello, i was in a car accident a month ago and since then have not been able to work. I was notified by my employer that they wanted to part ways with me. The insurance of the person who hit doesnt want to pay any sort of money while im off work a...

    Charles’s Answer

    You desperately need an experienced personal injury attorney to guide you through this. Please understand that you cannot be compensated for any time that you are off work unless a competent medical doctor (not a chiropractor) states that you cannot work. An attorney would've explained to you that even if the at fault driver admitted liability at the scene, it is simply not possible for you to be compensated, at all, until the full extent of your injuries are known. That will not be possible until you are evaluated by an orthopedic surgeon.

    You need to contact an experienced personal injury attorney as soon as possible and hope that you have not waited too long. If no diagnostic studies such as MRIs or CT scans have been performed and a month has gone by, you may have big problems. Please don't delay any longer.

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  • I feel like I was monumentally screwed over by the legal system. Is there anything that can be done about this?

    In 2014 I was charged with Incest, Criminal Deviate Conduct, and Sexual Battery. I was in jail from June 2014 to October 2014 and then I was released on pre-trial home incarceration from October 2014 to April 2015 and then I was arrested for Escap...

    Charles’s Answer

    A judge had to sign off on the probable cause affidavit which, ostensibly, supported the charges brought by the prosecutor. In your question, you actually admit to the the escape charge. Unless the investigating officer made statements in the probable cause affidavit which you can prove were false, it is unlikely that you have any recourse.

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  • Do I have a case for extortion and or intentional infliction of emotional distress?

    I had a contract that was entered into on behalf of a corporation with another company. The company has defaulted on the contract, and in the course of opposing counsel trying to collect the money owed, he has threatened to sue me individually, ha...

    Charles’s Answer

    The conduct you describe is almost certainly not actionable.

    There are so many questions. Why is it your corporate attorney handling this and sending a cease-and-desist letter to opposing counsel? Was the corporation adequately funded? A corporation is not an absolute immunity to personal responsibility. There are many means of "piercing the corporate veil." The most common with small corporations is inadequate funding.

    What you really need is to have your attorney analyze the situation and provide advice as to the exposure of your corporate entity and your potential personal exposure. Until that legal analysis is performed, it is impossible for anyone to comment as to whether the individual contacting you is able to make good on his promises. Bill collectors are rarely gentle. Good luck.

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  • In Will County V. IIC the employee received 25% MAW for a rotator cuff tear. Is my atty missing something or am I asking 2much

    So, my wife is a nurse, highly trained in an elite specialty. She blew out her shoulder at work while repositioning an obese, unconscious patient (which she is required to do every 2 hrs). She had a torn rotator cuff, slap 2 tear, and torn biceps ...

    Charles’s Answer

    Here is what you are missing:

    You don't have an experienced attorney. As a specific loss (shoulder injury, she will be lucky to see $50,000.00.

    If your wife is facing a $20,000+ wage loss, she has no business entering into a settlement for her shoulder. She should consider a wage differential. If she is 40 years old and will lose $20,000 per year through age 67, (assuming a 5% discount rate) her injury is worth just under $200,000.00 (2/3 of $20,000 x 27 years, reduced to present cash value) and should settle around $175,000.00.

    The older your wife is, the less the wage differential is worth but she will do better with a wage differential unless she is over 60. Good luck.

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  • Can a prosecutor dismiss an infraction & then use it as evidence in the same trial ?

    I was pulled over in Indiana for no seatbelt. I was charged w/ no seatbelt, no license, & driving on suspended license which are all infractions. The prosecutor dismissed the seatbelt infraction but used it as evidence in the trial. The prosecutor...

    Charles’s Answer

    Of course. He has to show that the stop was "good."

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  • Can you be charged with a battery if the victim did not call 911 or press charges?

    My son, his girlfriend and a few other so called friends were drinking, they all had to much to drink, when his girlfriend gets that way she gets violently crazy and likes to fight and swing at my son, he normally tries to get away from her or wou...

    Charles’s Answer

    The girlfriend has absolutely no say in whether your son is charged. Whether to charge anyone with a crime is the sole discretion of the prosecuting attorney. There must be facts of which you are not aware or the matter would not be proceeding to trial. Think about it. The state of Indiana cannot prove that your son committed the crime of battery, beyond a reasonable doubt, without the testimony of his girlfriend. If the girlfriends testimony is what you believe it will be, your son has a guarantee of acquittal and the prosecutor will just look foolish for wasting the Court's time.

    What makes me believe that there are facts of which you may be unaware is the fact that a judge needed to review the probable cause affidavit completed by the investigating officers and certify that document as being sufficient to support the charges filed.

    Prosecutors are always very reluctant to drop charges where the complaining witness has made a statement against the Defendant and then, later, recants her testimony. In that case, the complaining witness/victim can be charged with false reporting or perjury.

    In the situation which you describe, it is very difficult to believe that the charges ever would have been filed, in the first place. You should be discussing this with your son's criminal defense attorney.

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  • What can I do about my last job putting that I'm disable on my credit report when their Doctor released me with a PAIR OF zero?

    My name is Anthony Crawford and I worked for Toyota. And I got hurt on the job and I reported it as soon as it happened. And I had rotator cuff surgery. And after four months of therapy it was wasn't getting any better. So they found out it was to...

    Charles’s Answer

    I apologize if this sounds like I am preaching but this is what comes of handling such a severe injury WITHOUT an experienced attorney. You were also entitled to vocational rehabilitation. Contact a local Workers' Compensation attorney ASAP to see if there is anything that can be done.

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  • Not sure what a reasonable settlement amount is for knee injury at office building

    I fell a few months back in my office building. There was a film on the main lobby floor that the building was aware off. Turns out the salt being used in garage was oil based and when melting in the marble floor made it extra slippery. I fell ...

    Charles’s Answer

    You listed this under Worker's Compensation. Have you ever reported the injury to your employer? You are communicating with the general liability carrier for the building. The Illinois Worker's Compensation Act requires that you provide notice to your employer within 45 days of being injured. If your injury was in the course and scope of your employment, you can pursue a Worker's Compensation claim. If you do intend to pursue a Worker's Compensation claim, you must do that BEFORE you come to any agreement with the building because your employer's Worker's Compensation carrier has a statutory lien against anything you would receive from the building.

    Here, you need to discuss your situation with an orthopedic surgeon to determine the likelihood of further care. Then, you should discuss your matter with a Worker's Compensation attorney to determine the viability of the claim.

    I cannot over emphasize the need for you to do this as soon as possible. You have not disclosed the specific nature of your injury. Baker's cysts are almost always the result of a degenerative condition where the cartilage in your knee has worn and you have a near bone-on-bone situation. The resulting inflammation is what causes the Baker's cyst to form, over time.

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