Questions Answered by Steve McCann

Q: I signed my lease and never got a copy of it?

1 Answer | Asked in Contracts for Illinois on
Answered on Oct 16, 2018
Steve McCann's answer
You have a couple of options based on the facts provided, but the most suitable option is dependent on facts that are not provided here, such as your goals in the matter (i.e. if you want to terminate the lease, etc...) and if your lease is subject to the Chicago Residential Landlord Tenant Ordinance.

That said, I recommend you organize everything in your possession related to this matter, and consult with an attorney individually to explore your options. Also, if your lease is subject...

Q: What types of injuries qualify as medical malpractice rather than just risks assumed by a procedure you undergo?

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on Oct 11, 2018
Steve McCann's answer
This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney individually for a consultation so you can obtain a comprehensive evaluation.

Q: A contractor took my deposit over 10k and never performed work, will not provide refund, said he no longer wants to talk

1 Answer | Asked in Consumer Law and Construction Law for Illinois on
Answered on Sep 20, 2018
Steve McCann's answer
You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message, including the contract, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional....

Q: I was sold a vehicle which I was told had no damage . i later found out in had frame damage.Can I sue for product liab?

1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on
Answered on Aug 29, 2018
Steve McCann's answer
It is certainly possible you have a viable cause of action, as well as the ability to recover for the personal injuries sustained. However, the chances of recovery are dependent on specific facts that are not provided here, such as the details around the collision and the applicability of various warranties and insurance policies.

That being the case, I recommend you first seek all of the medical attention necessary. Next, I recommend you organize everything in your possession that is...

Q: Hi I was wondering if a tenant has to leave his apartment because of a pest control issue and someone burglarizes

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Aug 28, 2018
Steve McCann's answer
It is certainly possible a tenant can leave an apartment due to pest control issues and burglaries, as there is an implied warranty of habitability in every lease in Illinois. In addition, there may be added protections to the tenant if the apartment is in Chicago and subject to the Chicago Residential Landlord Tenant Ordinance.

That being the case, I recommend organizing all documents relevant to this matter, including the lease, and consulting with a landlord tenant attorney to...

Q: My husband passed away and legally left me his business. Do I still need a lawyer to sell the building?

2 Answers | Asked in Real Estate Law and Probate for Illinois on
Answered on Aug 28, 2018
Steve McCann's answer
There are a variety of scenarios that are possible based on the limited facts provided, but all solutions should begin with consulting an attorney to ensure the transaction is done correctly and efficiently. There can be probate implications, contractual implications and the like. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the representation and guidance of an experienced professional.

Q: Is contingency allowed for a 22.1 disclosure negotiable, or timebound? Does buyer have an out on this basis til closing

1 Answer | Asked in Contracts for Illinois on
Answered on Aug 24, 2018
Steve McCann's answer
It depends on the language in the contract and the basis for justifying the buyer terminating the contract based on the 22.1 disclosures, as it is a fact specific determination. I recommend asking the attorney representing you in this transaction for his or her opinion on this matter, as they are in the best position to assist you based on their presumed familiarity of the transaction. If you are not represented by an attorney, you should hire one immediately. Many of us offer very...

Q: What action can I take against a general contractor who did not get the permits he promised me for our home remodel?

1 Answer | Asked in Construction Law for Illinois on
Answered on Aug 20, 2018
Steve McCann's answer
Your options are dependent on specific facts that are not provided here, such as the terms of the contract with your GC and the representations your GC made regarding obtaining the requisite permits. That being the case, I recommend organizing everything in your possession regarding this matter, including all contracts and written communications with the GC, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to...

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.