Questions Answered by Steve McCann

Q: If you are injured in a motorcycle accident but weren't wearing a helmet can that hurt your case?

1 Answer | Asked in Personal Injury for Illinois on
Answered on Aug 10, 2018
Steve McCann's answer
It certainly possible that not wearing a helmet in a motorcycle accident, but the affect of that fact is dependent on specific facts that are not provided here, such as the nature and extend of your injuries.

More importantly, do you have an attorney representing you in this matter? If you do not, you should retain one immediately. Do not make any statements until you are represented by counsel. Many of us offer free consultations, and will represent you on a contingent basis, so...

Q: At fault insurance company in auto accident won't pay subrogate claim amount. I'm out $1000.00 deductible. HELP

1 Answer | Asked in Consumer Law for Illinois on
Answered on Aug 2, 2018
Steve McCann's answer
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 you on a contingent basis in relation to your bodily injuries, so it will not cost you anything out of pocket to obtain the representation of an experienced professional.

If you were not...

Q: How long does an insurance company have to pay out an accident settlement?

2 Answers | Asked in Car Accidents for Illinois on
Answered on Jul 18, 2018
Steve McCann's answer
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.

Q: I countered to a workers comp proposal. It has been 1.5 months sense that counter.

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jul 10, 2018
Steve McCann's answer
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 statement to the adjuster until you do. Many of us offer free consultations, and will represent you on a fixed contingent basis, so it will not cost you anything out of pocket to obtain the guidance of an...

Q: If workers comp offered me settlement, I countered, 2 months have gone by with no response , should I reach out?

2 Answers | Asked in Workers' Compensation for Illinois on
Answered on Jul 9, 2018
Steve McCann's answer
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 consultations, and will represent you on a capped contingent basis, so it will not cost you anything out of pocket to obtain the guidance and representation of an experienced professional who will work with...

Q: Must proposal/contract of the roofing contractor be signed by both parties? Homeowner, signed but wants to cxl.

1 Answer | Asked in Contracts for Illinois on
Answered on Jul 6, 2018
Steve McCann's answer
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 relevant to this matter, including the contract, and consulting with an attorney individually. Many of us offer free consultations and will advise as to the best course of action moving forward.

Q: I had to move out of my rental(broke lease) due to property being unlivable. Can i sue for security and rent

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Jun 25, 2018
Steve McCann's answer
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, and consulting with an attorney individually for assistance. A knowledgeable attorney will review the facts, and advise as to your options moving forward.

Q: I've been renting a duplex for 3 years. I asked about return deposit and landlord gave me a laundry list of repairs

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Jun 20, 2018
Steve McCann's answer
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 offer free consultations, and will at the very least advise as to your options moving forward after reviewing some of the facts that are unique to your situation. As such, organize all information...

Q: I purchased 3 plots - 1 paid in full, 2 on contract. I tried to terminate the contracts due to financial difficulty.

1 Answer | Asked in Contracts for Illinois on
Answered on Jun 18, 2018
Steve McCann's answer
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 communications with the seller prior to providing you with a comprehensive evaluation of your options moving forward.

That said, I recommend organizing everything you have in your possession related...

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

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jun 11, 2018
Steve McCann's answer
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 matter, including pictures and medical records, and consulting with an attorney individually for a consultation.

Q: What kinds of compensation can I ask for in my defective product liability claim?

1 Answer | Asked in Products Liability for Illinois on
Answered on Jun 10, 2018
Steve McCann's answer
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 pictures, bills, and records, and consulting with an attorney individually so we can help you gain a better understanding as to the amount of compensation you should demand.

Q: What is court-annexed arbitration? Does that means I'm not allowed to litigate my claim?

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Answered on Jun 5, 2018
Steve McCann's answer
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 proceed to trial. That said, arbitrations are highly technical, and it is highly advised you consult with an attorney immediately, as there are deadlines and notice requirements that must be met.

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

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jun 3, 2018
Steve McCann's answer
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 best course of action moving forward to ensure you obtain the recovery you deserve.

Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you...

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

1 Answer | Asked in Car Accidents for Illinois on
Answered on Jun 1, 2018
Steve McCann's answer
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 consultations, and if your case has merit, we will represent you on a contingent basis, so it will not cost you anything out of pocket to obtain the guidance and representation of an experienced...

Q: Settle violation of fiduciary responsibility.

1 Answer | Asked in Contracts for Illinois on
Answered on May 8, 2018
Steve McCann's answer
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 communications you had regarding those agreements. As such, I recommend organizing everything in your possession related to this matter, and consulting with an attorney individually. Many of us offer free...

Q: after signing a class action lawsuit settlement, can I change my mind because I have yet to receive a copy of my contrac

1 Answer | Asked in Personal Injury for Illinois on
Answered on May 8, 2018
Steve McCann's answer
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 the facts surrounding your situation.

Q: Is it illegal to withdraw from a contract 3 weeks prior to closing upon discovering a very costly repair is needed for

1 Answer | Asked in Contracts for Illinois on
Answered on May 6, 2018
Steve McCann's answer
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 just a few hundred dollars, and will represent you throughout the entire closing process, including ordering title and drafting all of the closing documents to ensure your interests are protected now...

Q: Can I sue if I was injured by a store employee

1 Answer | Asked in Personal Injury and Securities Law for Illinois on
Answered on Apr 30, 2018
Steve McCann's answer
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 recommend organizing everything in your possession related to this matter, including and pictures, videos, and reports, and consulting with an attorney individually. Many of us offer free...

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

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Answered on Apr 26, 2018
Steve McCann's answer
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.

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

1 Answer | Asked in Car Accidents for Illinois on
Answered on Apr 23, 2018
Steve McCann's answer
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. Have you sought medical treatment? If you have not, you should immediately.

That said, organize everything in your possession relevant to this matter, including medical records and accident...

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