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Charles Joseph Michael Candiano
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Charles Candiano’s Answers

5,742 total


  • Will there be a settlement offer once MMI is reached or is the case considered closed?

    workers compensation case. I received the full statutory ppd payment after the amputation of a finger, but have not received any paperwork to sign like a settlement offer. I have not reached MMI. I have returned to work so TTD benefits have ended.

    Charles’s Answer

    If you do not have an attorney, the simple answer is NO, there will NOT be an offer and YES, your case will be closed. If your injury is TRULY limited to your finger, there is no further recovery. Most amputations result in nerve damage and/or reduced grip strength which justifies an attorney seeking a % loss of a hand.

    If your injury extends beyond your lost finger, you owe it to yourself to consult an attorney who is experienced in handling these matters. It costs you nothing for the consult.

    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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  • Can I fight that tickect?

    I'm an uber driving following the directions of the gps, told me to make a turn that was no longer allowed, should I fight the tickect?

    Charles’s Answer

    Do NOT pay the ticket.
    Call the Prosecutor to see if you qualify for the infraction deferral program to keep it off of your record.
    If you do NOT qualify, hire a local traffic attorney.
    Keeping points off of your license costs only a small fraction of what it will cost you once they are there.
    NEVER "pay" a ticket.

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  • Is it normal to have delayed response time from my attorney and all he tells me is I am negotiating higher compensation.

    Got in a "hit and run" accident 3 years ago. The person who hit and ran was found guilty. My attorney never communicates the status and all he says is I am negotiating with the insurance company for highest compensation.

    Charles’s Answer

    "Hit and Run" has nothing to do with anything unless the "Hit and Run" driver was uninsured. I assume that the driver was NOT Insured because if he were insured, your attorney has blown the statute of limitations which was two years.

    If you are dealing with an uninsured driver, the claim is against your own policy. There would be absolutely no reason for your attorney not to invoke the arbitration clause of your policy, whatever that may be. Some insurance companies, most notably State Farm, requires something that is called tri-party arbitration. This requires that your attorney appoint and pay for an Arbitrator, that the insurance company point and pay for an Arbitrator, and that the 2 arbitrators appoint a 3rd Arbitrator's fee is divided between you and the insurance company.

    If this is situation, there are no depositions, but there are sworn statements which are basically the same thing. When liability is admitted your attorney may well decide that there is no reason to take the sworn statement of the at fault driver. I have never seen a situation where the insurance company did not take the Plaintiff's sworn statement.

    Unless the Parties are able to agree on the value of the claim in fairly short order, it is my experience that further delay is simply a waste of time. As has been suggested by my colleagues, you need to gain further appreciation of precisely what your strategy is in this matter. "Negotiating for more money" is very often code for "we put it on the back burner and are not doing anything."

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  • How can i get treatment needed? will not allow me to use my insurance due to workers comp case.

    needing to see a specialist but tegwick representative for my employers workers comp cases will not authorize. i tried getting an appointment with urologist per the emergency room doctors recommendation for blunt trauma to abdomen area,ct scan sh...

    Charles’s Answer

    You need an attorney.

    Your attorney will either secure agreement for care OR get a denial letter from Workers' Compensation. This will enable you to get care ASAP.

    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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  • Is this a scam or fraud? And how should I make sure I don't have any warrants

    I took bankruptcy in 2011. I had a pay day loan from a cash advance store in Indianapolis and then an unsecured loan from cash call. Both of these loans were taken out in or around 2010 and discharged on my bankruptcy and none of the debts were ...

    Charles’s Answer

    You are confusing 2 concepts. If you borrowed money and those loans were later discharged in bankruptcy, you are no longer over that money. A copy of your approved bankruptcy petition be all that you need to prove that.

    If you wrote a check on a closed account or on an account which had no funds, it is certainly possible for the prosecutor to charge you with check deception. The only effect that bankruptcy would have on those proceedings (provided that the debt or debts were properly listed on the petition) is that the court would not be able to order restitution. Discharge of the debt in bankruptcy has nothing to do with whether or not you committed a criminal offense.

    The only advice that we can give you is to consult a local criminal defense attorney as soon as possible. Most attorneys provide a brief initial consultation without cost. Good luck.

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  • What recourse does my friend have available after the Judge in his case blatantly ignored the deal made with prosecutors?

    My friend allegedly committed some sex crimes, and even though he was innocent he was afraid that the government was out to get him so he took a 5 to 12 1/2 year deal, and he should've gotten on the low end of that really considering the alleged o...

    Charles’s Answer

    It is VERY likely that there is more to this than you have been told. ONLY your friend and his attorney know the whole truth.

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  • What is the most sever and least sever sentence they can receive?

    Lottery scratch off tickets were stolen. They are valued at $300. This is the persons first offence. No prior trouble with law as an adult but has while being a juvenile. They cooperated with police and are waiting their court date, just wonder se...

    Charles’s Answer

    If they were stolen on or after 7-1-14, it is a Misdemeanor (BECAUSE IT IS UNDER $700.00) which means less than 365 days, all of which is suspendable. They should hire an attorney to arrange Deferred Prosecution or a Conditional Discharge and KEEP IT OFF OF THEIR RECORD.

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  • Help me, what's my next move?

    I was staying with a roommate until recently we got in a big fight I moved out and got my own place and she moved somewhere else (I don't know where) , we rented some furniture from aarons but Its in my name. I've been getting calls because she ha...

    Charles’s Answer

    If you agreed to be responsible for it AND you did not make a police report that it was stolen, you are responsible to pay.

    This is yet another great reason why you NEVER "play house" until you are married.

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  • Should these earnings from other periods of employment also be calculated in my aww? Or just the employer earnings when hurt?

    I have an undenied workers compensation claim. I'm just uncertain about my aww that the adjuster has came up with. Only worked for 19 weeks (although not full ones) for the employer up to the injury. Worked for 4 other contractors within the 52 we...

    Charles’s Answer

    I agree with my colleagues! Your AWW is PROBABLY wrong and you will be shorted on your settlement without an attorney.

    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.

    See question