Claimed Lawyer ProfileQ&A
- Personal Injury
- Workers' Compensation
- Free Consultation
You and I will discuss your claim until I am satisfied that I can help and your questions are answered, WITHOUT cost or obligation.
- Contingent Fees
Our fee on Personal Injury cases is 1/3 of the recovery and costs. Our fee on Workers' Compensation cases is set by statute at 20% of Settlement or Award and costs
Jurisdictions Admitted to Practice
- Federal Circuit
- English: Spoken, Written
- Candiano Law Office
- - Current
- Trial Attorney
- The Margolis Firm, PC
- Trial Attorney
- Margolis & Velasco
- Trial Attorney
- Rusin, Patton, Maciorowski & Friedman
- Deputy Prosecuting Attorney
- Office of the Prosecuting Attorney, Lake County Indiana
- The John Marshall Law School
- J.D. (1995)
- Chicago Bar Association
- Chair Professional Fees Committee
- - Current
- Indiana State Bar
- - Current
- Illinois Trial Lawyers Association
- - Current
Websites & Blogs
172 Questions Answered
- Q. I got crash with another car and i only have permit and my ticket is improper lane usage and i lied at first that my mom
- A: If a licensed adult was in the car AND a policy of insurance was in effect at the time of the accident AND there were no prior moving violations, the following are likely: 1. A moving violation conviction before age 18 generates a Secretary of State warning letter to the parent and teenager; and 2. A moving violation conviction that occurs within the first year of licensing will result in a six-month extension of the passenger limitation, which allows only one unrelated passenger under age 20. If the mother was NOT in the car OR did NOT have a valid license, the claim would be likely be denied by insurance and the SOS would suspend the permit holder's driving privileges unless or until the damages to the car and claim for personal injuries was being repaid to the satisfaction of the Plaintiff's insurer (or the Plaintiff, if uninsured).
- Q. Mother filled out her will, but did not have it notarized. Was married. I am her daughter, can I legally have her ashes?
- A: An unwitnessed or "holographic" Will is NOT valid in Indiana, so your mother died, intestate. Under Indiana Code § 29-1-2-1, where a person who dies intestate and is survived by both children and a spouse, 1/2 of the estate passes to the spouse and 1/2 passes to the children, who take, equally. Possession of your mother's ashes is a subject that the family must decide. Neither the spouse nor the children have any presumptive preference of possession over them that I am aware of which would make this foolish and expensive to litigate. If you believe that your mother's surgeon violated the applicable standard of care, secure the medical records and consult a medical malpractice attorney, asap, to learn whether you have a viable claim. If viable, your mother's spouse would share, equally with you and your sister, in any recovery, absent an agreement to the contrary.
- Q. How do I file a case for a exploding glass milk bottle that caused boldly harm
- A: The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause the bottle to explode. that is not a design flaw. Bottles which are intended to be pressurized (such as champagne bottles) are specially designed and much thicker than other bottles. I do not believe that you have a viable action.
- Q. How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all
- A: Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different is contemplated, there will probably need to be a Hearing.
- Q. I was involved in a auto accident at no fault. My Insurance is lying and putting off settling the claim.
- A: If Geico says you were not at fault and you go through your policy, your car will be replaced, immediately, less your deductible which Geico must return to you on your facts. What's the problem?
- Q. Can i get a ticket off my record that was listed wrong?
- A: On your facts, the judgment was vacated which means that you don't have a ticket on your record. On your facts what you have on your INSURANCE record is an at-fault accident as reported by your insurance company. If you had appeared and asked for a continuance or hired an attorney to ask for a continuance, it would have been granted and you may not have been found to be partially at fault. Only attorneys can request continuances and then, not always. This proves the old adage that an ounce of prevention is worth a pound of cure.
- Q. an uninsured motorist hit my parked 2002 toyota sequoia. it is not driveable. how do i get a dollar amount to take them
- A: Have your insurance repair the vehicle. If you did not have insurance and you believe the at-fault party will pay for the repairs, pay a certified estimator to come out and estimate the damage. Tell the estimator that the cost of repair CANNOT exceed the fair market value of the car. In your case, that is probably around $2,000.
- Q. Can my friend stepmother press personal property damage charges on me? I was not the driver but the vehicle is mine.
- A: I have no idea what you are asking. "Press charges" is a silly term that usually refers to someone to asking the State's Attorney to file minor criminal charges against someone. If that is what you mean, I assume you did not have insurance on the car and the stepmother wants to charge her daughter with Driving Without Insurance. You cannot be charged because you were not driving. That said, you and your friend are BOTH liable for the damage. However, seeking criminal charges against her step-daughter is NOT going to get her car fixed.
- Q. Husbands been on Workmen's Comp since 1978, needs additional surgery recommended by Doctor.
- A: Absolutely! The doctor MUST explain how the need for surgery is related to the original injury. 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. In the last few years, employers also seek to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition. When you are represented, you have fewer headaches AND you get more money. It really is a no-brainer. I invite you to contact us for a free, no-obligation consult on 12-28-18. 312-465-2914
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