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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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2 Answers | Asked in Consumer Law, Insurance Bad Faith, Car Accidents and Personal Injury for Illinois on
Q: Paid for car insurance via dealership, no coverage record; need help.

I bought a car on March 7, 2025, with the requirement to have full coverage insurance in order to drive it off the lot. The car salesman informed me that he would set up insurance for $401. I paid this amount via Cash App but did not receive a declarations page or any official documentation. On... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

First things first. Begin by contacting the dealer and requesting the name and contact information of the insurance company. In the future, avoid the situation by comparing various insurance carriers ahead of time and advising them of your intention to purchase this make and model vehicle so... View More

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2 Answers | Asked in Consumer Law and Personal Injury for Indiana on
Q: Found medication pill in Kroger broccoli slaw, what should I do?

I found half a pill and some pieces in prepackaged Kroger broccoli slaw while eating it and spat it out. As an RN, I'm certain it's medication due to pill markings (numbers on it). I have the pill, pieces, and remaining slaw in its packaging. It's too late to contact Kroger today,... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

If you are correct, a deli worker dropped prescription medication while making coleslaw. Failure to notice or remediate the situation constitutes negligence that can be imputed to Kroger. That said, notwithstanding Kroger's negligence, if you suffered no ill effect from ingesting the... View More

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2 Answers | Asked in Education Law, Personal Injury and Civil Rights for Indiana on
Q: What attorney to contact for school bus safety and discipline issues in Indiana?

I am concerned about an incident where my 3-year-old child, who has behavioral issues, managed to get out of his harness on the school bus and nearly fell. My child claims the bus driver spanked him, and when we requested to review the bus footage to understand how he reached the front of the bus,... View More

Charles Candiano
Charles Candiano
answered on Mar 25, 2025

Why would you want to pay a $5,000 retainer to hire an attorney to see a video of your child acting badly? What are your concerns? If your child has behavioral issues, why is he riding the bus at age 3? If this is a publicly funded school, it is protected by the Indiana Tort Claims Act. On your... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Indiana on
Q: Can a company take vacation time as workers' comp days and terminate employment in Indiana?

Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2025

Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More

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2 Answers | Asked in Sexual Harassment and Employment Law for Illinois on
Q: Accused of harassment, investigating in-house, no legal action yet. Next steps?

I have been accused of harassment, with claims that I said something inappropriate to the accuser. However, I did not say what they claim, and I do not know who the accuser is. The matter is currently being investigated in-house, with no legal proceedings in place yet. What should I do now?

Charles Candiano
Charles Candiano
answered on Mar 22, 2025

Do not agree to be interrogated without representation.

If you have been accused of saying something and you know that you did not say it, then you know exactly what you are accused of saying. Usually, there are a limited number of people to whom the comment could have been addressed....
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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Charles Candiano
Charles Candiano
answered on Mar 19, 2025

I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More

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3 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Indiana on
Q: Can my son be held responsible for a car accident without clear fault on snowy roads?

My son was involved in a car accident in Indiana with no personal injuries and no citations for fault by the authorities. The roads were snow-covered at the time of the incident. The other driver lost control and wrecked their vehicle, and subsequently, my son, who was behind them, hit their... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If I understand correctly, you imply that your son was driving uninsured on the date of the accident. You further state that the roads were snow-packed and that the car in front of your son lost control while it was traveling at approximately the same speed as your son. The other car was... View More

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3 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If you haven't signed any documents, your case is NOT settled. NO Insurance company is going to order a check until they have your executed release. If you did not file a lawsuit, the statute of limitations is NOT tolled.

Before an attorney conveys an offer on the case, the...
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3 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Consequences of improper left yield ticket with collision in Illinois?

I received a traffic ticket for improper left yield near my driveway, which resulted in a collision with another car in Illinois. The ticket doesn't mention the cost, and there were no injuries reported. I have no previous traffic violations and have been instructed to appear in court. What... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

The responding officer cited you for failure to yield the right-of-way and you did fail to yield or there would not have been an accident. I'm sure there was damage to both vehicles and by morning the other driver and/or passengers will experience some symptoms and may go to the ER. All of... View More

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2 Answers | Asked in Employment Law, Car Accidents and Personal Injury for Indiana on
Q: Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

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1 Answer | Asked in Child Support and Workers' Compensation for Indiana on
Q: Why contempt court for unreported child support instead of garnishing benefits?

I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More

Charles Candiano
Charles Candiano
answered on Mar 9, 2025

When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Workers' comp disputes knee surgery relation to claim. What can I do?

I'm in the process of negotiating a settlement, but workers' compensation is disputing that my knee surgery is related to my claim. I suffered a torn meniscus in my right knee, which was confirmed by two doctors, each with identical notes. After the company's doctor only did an MRI... View More

Charles Candiano
Charles Candiano
answered on Mar 4, 2025

To begin, you are not "negotiating" a settlement. In Indiana, the treating physician would assign a permanent partial impairment rating (PPI). The value of your claim can be determined mathematically by plugging in numbers from the statute. If the claim is fully disputed, the only thing... View More

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Illinois on
Q: Can I win a case against my neighbor for their Doberman attacking and killing my dog?

My neighbor's Doberman came into my yard and bit my 10 lb Pomeranian on the neck, resulting in my dog's death. My dog was on a leash being held at the time. The incident cost me $800 plus additional expenses. The Sheriff came out, and I have a police report, but Animal Control did not... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

Unless you were on your neighbor's property, the Doberman was NOT under its owner's control when it attacked your dog, so your neighbor IS responsible. Animal control CANNOT choose not to respond to an animal attack. Go to animal control and demand that they prepare a report. Did the... View More

1 Answer | Asked in Workers' Compensation, Arbitration / Mediation Law and Legal Malpractice for Indiana on
Q: Workers' comp case delayed for over 10 years, need advice.

I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More

Charles Candiano
Charles Candiano
answered on Feb 26, 2025

You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue multiple hospitals for negligence in Illinois for failing to diagnose septic arthritis?

I am considering suing multiple hospitals for medical malpractice or negligence due to a failure to diagnose septic arthritis. From October to December, several doctors overlooked my blood test results and complaints. After visiting the fifth hospital, where I received an aspiration, the correct... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

By all means, consult medical malpractice attorneys. Much will depend upon your present physician's ability to testify as to the ADDITIONAL harm that you sustained as a result of your delayed diagnosis. If the delay in your diagnosis resulted in no additional harm ( beyond your continuing... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

Let's get something clear. When you have an accident, you are either at fault or not at fault. Beyond that, for the purposes of calculating the value of the claim nothing else matters. You could be a nun, driving sisters to a convent or you could be a junkie, with an open bottle of... View More

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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 18, 2025

That's not how it works. As long as you reported your work injury within 45 days, you have 3 years to file the claim with the Illinois Worker's Compensation Commission. Until the claim is filed with the Commission, YOU HAVE NO RIGHTS TO ENFORCE. As I stated, you are required to formally... View More

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