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Questions Answered by Steve McCann
1 Answer | Asked in Consumer Law for Illinois on
Q: At fault insurance company in auto accident won't pay subrogate claim amount. I'm out $1000.00 deductible. HELP

Struck from behind while stopped in traffic May 20, 2018 in Chicago. Driver admitted fault in police report. I was driving part time for Uber at time and two passengers gave statements to Uber's insurance adjuster. Allstate handles Uber claims in Chicago. At fault insurance company,... View More

Steve McCann
Steve McCann
answered on Aug 2, 2018

Did you sustain bodily injuries as a result of the collision? If so, I recommend organizing everything in your possession related to this matter, including the crash report and medical records, and consulting with a personal injury attorney. Many of us offer free consultations and will represent... View More

2 Answers | Asked in Car Accidents for Illinois on
Q: How long does an insurance company have to pay out an accident settlement?
Steve McCann
Steve McCann
answered on Jul 18, 2018

Generally speaking, an insurance company has 30 days from the date it received all settlement documentation. If it has been more than 30 days, it is in your best interest to discuss this matter with your attorney, and if you do not have one, I suggest consulting with one immediately.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I countered to a workers comp proposal. It has been 1.5 months sense that counter.

When should I expect a counter from them? I saw some documentation that I shouldn't have seen and informed workers comp adjusters to this. Which reflected her offer was $7000.00 less than what it should have been based on the information I shouldn't have seen. Will she counter the offer... View More

Steve McCann
Steve McCann
answered on Jul 10, 2018

You may never receive a counter, as you will never be taken seriously unless you are represented by an attorney. This is a common tactic used by adjusters I see all the time when dealing with unrepresented parties. Do yourself a favor, and hire an attorney immediately. Do not make another... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If workers comp offered me settlement, I countered, 2 months have gone by with no response , should I reach out?

I countered because I know what the offer should have been at a min due to info I shouldn't have seen between HR and the workers comp rep. Why such the delay in the counter when I informed them I know what the offer should have been as I saw that info.

Steve McCann
Steve McCann
answered on Jul 9, 2018

You are being taken advantage of because you are not represented by an attorney. This is commonplace for unrepresented parties. As such, I recommend organizing all information relevant to this matter, and consulting with a worker's compensation attorney immediately. Many of us offer free... View More

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1 Answer | Asked in Contracts for Illinois on
Q: Must proposal/contract of the roofing contractor be signed by both parties? Homeowner, signed but wants to cxl.

Contract indicates they may hire "trusted" sub-contractors, not of my choosing...

and if cxld would be charged 30% of contract for "liquidated damages" for their expertise, time and travel, etc..

Work has not been started and money has not been given....

Steve McCann
Steve McCann
answered on Jul 6, 2018

It is possible you can cancel without liability, but it depends on very specific facts that are not provided here, such as the precise language in the contract, the extent of the work performed, and other representations made by all parties involved. As such, I recommend organizing all documents... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I had to move out of my rental(broke lease) due to property being unlivable. Can i sue for security and rent

Owner only wants to give back security. We only lived a property for 42 days and the entire time we had issues, plumbing, broken appliances, and sewer issues.

Steve McCann
Steve McCann
answered on Jun 25, 2018

It is certainly possible, but the viability of prevailing and recovering in such a lawsuit is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including any pictures and communications with your previous landlord,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I've been renting a duplex for 3 years. I asked about return deposit and landlord gave me a laundry list of repairs

We painted, patched holes and cleaned carpet. I also asked for a walk thru prior to leaving and they didn't reply. THis is $1800 deposit and I'm sure I won't get any back after telling me it needs new carpet, paint and other repairs. We left the place immaculate after being there... View More

Steve McCann
Steve McCann
answered on Jun 20, 2018

Assuming the duplex was in Chicago and is subject to the RLTO, you may have a few different options. That said, it is an extremely technical analysis, and I highly recommend you consult with an attorney individually prior to discussing this matter with your landlord any further.

Many of us...
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1 Answer | Asked in Contracts for Illinois on
Q: I purchased 3 plots - 1 paid in full, 2 on contract. I tried to terminate the contracts due to financial difficulty.

I was told that I could terminate 1 contract and apply the funds to save the other contract. I asked if I could terminate the contract that is paid in full for a full refund. I was told that the cemetery policy do not allow refunds. I asked to speak to the supervisor and was given the run around.... View More

Steve McCann
Steve McCann
answered on Jun 18, 2018

Based on the facts provided, it seems that the seller is giving you the runaround, you have hit an impasse, and it is in your best interest to retain an attorney to assist you with next steps. You may be entitled to remedy, but an attorney will need to review the contracts, as well as all... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: can I sue my boss for work comp I fell on the job in the pool area slip on water went to er nothing broke just bruised

ex boss doesn't have any protcol for work comp

Steve McCann
Steve McCann
answered on Jun 11, 2018

It is possible, but the viability of your claims are dependent on very specific facts that are not provided, such as the nature of the fall, if warnings were present, and the knowledge of your employer to name a few. That said, I recommend organizing everything in your possession related to this... View More

1 Answer | Asked in Products Liability for Illinois on
Q: What kinds of compensation can I ask for in my defective product liability claim?
Steve McCann
Steve McCann
answered on Jun 10, 2018

It is impossible to know what a claim is worth without knowing a great deal of more facts surrounding the claim, including the nature of the defective product, and the damages sustained. That said, I recommend organizing everything you have in your possession relevant to this matter, including all... View More

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: What is court-annexed arbitration? Does that means I'm not allowed to litigate my claim?
Steve McCann
Steve McCann
answered on Jun 5, 2018

No. Depending on the court, you are likely required to participate in an arbitration in good faith prior to proceeding to trial. Assuming the arbitration is court mandated and not mandated by contract, if you or the other party do not agree with the arbitration award, you can reject it and... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should I talk to a lawyer first before talking to the nurse at work about my workers comp which she is in charge of

I’m wanting to seek a lawyer because my leg was broken by a faulty robotic train which hit my train and jackknifed into my leg crushing it and causing multiple breaks and a compound fracture which I was also sent to the hospital in a cab and i work at John Deere as well

Steve McCann
Steve McCann
answered on Jun 3, 2018

I am terribly sorry to hear this. Yes, you should absolutely talk with a lawyer, and you should do so as soon as possible. Do not make any recorded or written statements until you speak with an experienced attorney. Your injuries are very serious, and you need an attorney to ensure you take the... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: The person who rear-ended me wanted me to give a statement to their insurance company over the phone at the site of the

accident and I refused. Is this going to be an issue if we end up in court?

Steve McCann
Steve McCann
answered on Jun 1, 2018

Do not give a statement without first discussing this matter with an attorney. First, you should obtain medical attention if you were injured after you were rear-ended. Next, you should consult with an attorney individually to discuss your options moving forward.

Many of us offer free...
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1 Answer | Asked in Contracts for Illinois on
Q: Settle violation of fiduciary responsibility.

I made a wager with an individual on a future event that has not yet occurred. We agreed to allow a third party (who agreed also agreed to the duty) to hold the wager amount until it is settled. The problem is the third party who was acting as a fiduciary at some point gave my check to the other... View More

Steve McCann
Steve McCann
answered on May 8, 2018

I understand the principle aspect of this situation, as you trusted these individuals with your money. That said, your options and remedies moving forward are dependent on very specific facts that are not provided here, such as your agreements you had with the relevant parties, and the... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: after signing a class action lawsuit settlement, can I change my mind because I have yet to receive a copy of my contrac

I feel that the the signing of the contract was conscionable and I didn't have an estimate of what the care costs would be going forward and how it would affect my Medicaid benefits.

Steve McCann
Steve McCann
answered on May 8, 2018

It is possible, but unlikely unless you have some type of valid defense such as duress or unconscionability. That said, I recommend asking the attorney and/or firm that is representing you in this matter, as they are in the best position to answer your questions due to their implied knowledge of... View More

1 Answer | Asked in Contracts for Illinois on
Q: Is it illegal to withdraw from a contract 3 weeks prior to closing upon discovering a very costly repair is needed for

For Re-pointing brick and mortar and caulking windows and doors. Both issues were referenced in the house inspection and I took it upon myself to get a professional estimate for the cost of repairs.

Steve McCann
Steve McCann
answered on May 6, 2018

It depends on the terms of the contract. That said, I recommend you ask the attorney that is representing you in the closing to review the contract, and answer your questions. If you do have an attorney representing you in the closing, you absolutely should. Many of us will represent sellers for... View More

1 Answer | Asked in Personal Injury and Securities Law for Illinois on
Q: Can I sue if I was injured by a store employee

I was basically dragged into a back room and was forced to the grown and asked questions then he took my wallet and seached through it I ended up with a broken ankle

Steve McCann
Steve McCann
answered on Apr 30, 2018

You can certainly file a lawsuit based on the facts provided, but the viability of prevailing and recovering on the lawsuit are dependent on specific facts that are not provided here, such as the nature of you getting dragged out and if you were resisting with the individual.

That said, I...
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1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: Last spring I was at my kids school volunteering for kickball, got hurt in my left eye with the ball, was blind for 7hrs

I ended up in ER, school nurse promised that district will cover my bills and made us fill reimbursement form. School denied paying any bills incurred, what can I do now? I am stay at home mom and don’t have money to pay the bills almost $1000.

Steve McCann
Steve McCann
answered on Apr 26, 2018

It depends on very specific details surrounding the injury and whether or not a party was negligent. That being the case, I recommend you organize everything in your possession relevant to this matter, including all medical records, and consult with a personal injury lawyer for a consultation.

1 Answer | Asked in Car Accidents for Illinois on
Q: I was not wearing my seat belt when another car rear-ended me through no fault of my own and I got injured. Will I still

be able to collect damages?

Steve McCann
Steve McCann
answered on Apr 23, 2018

It is likely you can still recover, but your chances will go up astronomically if you consult with an attorney immediately. Do not make any statements to any insurers until you do, and certainly do not admit you were not wearing a seat belt as it could significantly lower the value of your case.... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: I was hit by a person using a scooter offered for customers at a store - is the store at fault?
Steve McCann
Steve McCann
answered on Apr 21, 2018

It is possible that the store could be at fault, but it depends on very specific facts that are not provided here. As such, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a... View More

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