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Questions Answered by Charles Candiano
Q: How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?

I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More

Charles Candiano
Charles Candiano
answered on May 9, 2025

First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More

Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Illinois on
Q: How to resolve delayed TTD payments after working for 10 days in Illinois?

I have been waiting for Temporary Total Disability (TTD) payments for almost a year related to my back injury in Illinois. Despite not receiving any reasons for the delay, I was found working for 10 days in another job. How can I resolve the delayed payments?

Charles Candiano
Charles Candiano
answered on Apr 28, 2025

I hate to repeat myself, but when you represent yourself in an Illinois Workers' Compensation claim, you are all but guaranteed a sub-optimal result, less money, and more problems. Why on earth would you wait an entire year? What have you done in the last year? What is your diagnosis? Have... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Illinois on
Q: Concern about safety and action after reporting a drug policy violation at work in IL.

I reported an incident where an employee returned from a break smelling of marijuana, which violates our company's zero-tolerance drug policy. After reporting the incident to management, I faced intimidation and felt unsafe due to colleagues' threatening behavior, including making violent... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Unless you are the employee's direct supervisor and you have the authority to discipline/fire employees, you wouldn't expect your employer to terminate the employee based solely on your report. It has nothing to do with your veracity but your employer cannot assume the liability for... View More

3 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

I don't disagree with any of the facts stated by my colleague, Mr. Harvatin.

That said, there is an old saying that an ounce of prevention is worth a pound of cure. Accumulating multiple violations in the past should have taught you that lesson. The accumulation of multiple...
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2 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Please accept the following observations from someone who has handled multiple instances of closed head injury before the Illinois Worker's Compensation Commission and in the circuit courts.

1.) You made the mistake of hiring a large law firm rather than an attorney. When you hire...
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1 Answer | Asked in Employment Law, Workers' Compensation, Public Benefits and Personal Injury for Indiana on
Q: Can forced resignation affect unemployment or severance on workers' comp in Indiana?

I am an employee of the Indiana state government and currently working while under a doctor's care for an injury sustained at work. Despite being on workers' compensation since January 2025, I am being subjected to a forced resignation due to a bi-annual budget reduction of 30%. There... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

Your question seems simple but the analysis is rather nuanced. The specific nature of your injury and your restrictions are important. It is extremely unusual for an Indiana employer to agree to accommodate restrictions for 4 months. If you are unable to work or your restrictions prevent you... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Personal Injury for Indiana on
Q: Can a hospital hold my husband based on incorrect records from over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on April 22, 2025, to adjust his medications. He signed an AMA on Wednesday, but they are holding him until Monday, citing incorrect records from IU Health Morgan ER related to an incident from November 2023. Despite providing... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

With all due respect, that doesn't make any sense. If your husband wanted or needed to "adjust" his psychotropic medication, he could have and should have contacted the prescribing physician, NOT check himself into a psychiatric hospital if he did not want to be admitted. Once... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Q: Can I take legal action if my family discloses my therapy sessions?

I am concerned because my mom and other family members have intentionally shared information about my therapy sessions with others. There were no prior agreements or discussions about maintaining privacy, but this disclosure has made it harder for me to attend therapy. Is there anything legally I... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2025

Please don't provide any further details of your concerns in a public forum. If you are a minor, your parents or legal guardians have unrestricted access to your medical records in most jurisdictions, including Indiana. You state that your parents' disclosure "has made it harder... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff

if yea i thought there is a 2 year statute of limitation

Charles Candiano
Charles Candiano
answered on Apr 23, 2025

There is a two-year SOL. I did not say that you, specifically, could be added because many more details are needed to perform that analysis. If your involvement "relates back" to the same transaction and occurrence that is the subject of the filed lawsuit and it can be demonstrated... View More

1 Answer | Asked in Medical Malpractice, Civil Rights, Divorce, Personal Injury and Family Law for Indiana on
Q: Can I sue for non-consented family translation for a schizophrenia patient?

I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Seeking compensation for dental damage due to prenatal tetracycline exposure.

I am 53 years old and have suffered significant dental damage attributed to tetracycline exposure, which occurred when my mother was given the drug while pregnant with me. Several dentists have confirmed that my dental issues are consistent with tetracycline damage, and these issues have severely... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

From whom? The 1st studies of tetracycline use by pregnant women were only just conducted in the mid-sixties, and the risks associated with tetracycline use during pregnancy, especially in later stages, were NOT well-established until the 1980s. When you mother was carrying you, in 1971, there... View More

2 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Indiana on
Q: Involved in a 7-car pileup due to field burning; is suing an option?

I was involved in a 7-car pileup in which my car will probably be totaled. The crash was due to farmers burning fields, causing severe visibility issues with no prior warnings or signage. A police report is available, and there was a significant injury to another person involved. I have not... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

If you were not injured, what would you sue for? Anyone who was injured will bring a claim against the car that struck them. Individuals like yourself who were not injured but who sustained significant property damage will also bring claims against the drivers who struck them. All drivers are... View More

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Q: Do I need arbitration in Illinois due to harassment and TOS agreement?

I am dealing with a B2B lead generation company whose Terms of Service require arbitration in Illinois, but the business has been harassing us and attempting to bribe us to remove a review of their services. Despite our cease and desist efforts, they retaliated by leaving an unfounded review on our... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

Harassment is a legal finding, NOT something that can be simply be asserted by a party. You give no example of the conduct that you allege constitutes harassment. If you signed a contract with a choice of laws clause that mandates Illinois jurisdiction, that is where you are. Be careful!... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can my son's MS from mercury fillings fall under the 10-year statute of repose?

I have twin sons who received dental fillings: one received 9 composite fillings, while the other received 9 mercury silver fillings. The latter twin developed MS, which was linked to the mercury fillings by a renowned neurotoxicologist's published research and extensive documentation.... View More

Charles Candiano
Charles Candiano
answered on Apr 6, 2025

Statute of repose for what? TODAY, there is no restriction or guideline against amalgam fillings in Illinois so even if you could prove a nexus between the fillings and the MS (and I don't see how you can), you CANNOT hold the dentist responsible because using amalgam fillings is still... View More

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2 Answers | Asked in Civil Litigation, Personal Injury and Contracts for Indiana on
Q: Should I sue a contractor for improper furnace installation leading to health issues?

In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no... View More

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you... View More

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2 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for Illinois on
Q: What can I do about a psychiatrist's inappropriate conduct in Illinois?

I had a psychiatrist for six years, mainly consisting of talk therapy after discontinuing medications. He made inappropriate comments, such as asking about my experience as a woman with physical features and dismissing my experiences of abuse. He objectified me and commented on my attractiveness,... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

What you describe is your opinion that the psychiatrist conducted himself/herself inappropriately. You also say that you have consulted with his peers, butt you do not tell us their opinions. Another psychiatrist or clinical psychologist would be in the best position to advise you whether your... View More

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2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Illinois on
Q: Seeking guidance for workplace sexual assault incident with witnesses and footage from 2017-2018 in Illinois.

I was sexually assaulted at work around 2017 or 2018. Despite having witnesses and camera footage, my manager did not report the incident to the police or take any action. I had to continue serving the customer involved. I spoke to a psychiatrist about it, but he said it wasn't sexual assault.... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You claim that you were sexually assaulted 8 or 9 years ago. You also tell us that your psychiatrist advised you the situation that you conveyed did NOTconstitute sexual assault. You tell us that your manager made NO police report but your manager was not assaulted. You claim that you were... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

I'm sorry to hear of your trying experience. Unfortunately, doctors are often misinformed that they are unable to express their concern/sympathy for your situation without admitting liability. You have to understand that if the procedure that the doctor performed was an appropriate procedure... View More

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2 Answers | Asked in Wrongful Death, Civil Litigation and Personal Injury for Indiana on
Q: What Indiana rule determines jurisdiction in a wrongful death case?

What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More

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