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Questions Answered by Steve McCann

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Illinois on

Q: What type of evidence should I try to preserve after a multi-car accident that caused me injuries?

Steve McCann answered on Oct 29, 2018

If you were involved in a multi-car accident and sustained injuries, you should first and foremost obtain all medical treatment necessary. Next, you should hire a personal injury attorney. Do not make any statements until you are represented by an attorney.

Many of us offer free...
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1 Answer | Asked in Estate Planning for Illinois on

Q: My mom wants to sell a condo and my sister doesn't. They both own the condo. How do we solve this issue?

Mom and daughter are not getting along well.

Steve McCann answered on Oct 25, 2018

The answer to your question is dependent on specific facts that are not provided here, such as the type of deed, the names on the deed, who has made majority of the payments, etc... As such, I recommend you organize everything in your possession regarding this matter, including the property... Read more »

1 Answer | Asked in Contracts for Illinois on

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

I singed the lease October for the 8th and i never received a copy of it. I’ve asked multiple times for a copy and still haven’t gotten one. What do I do?

Steve McCann answered on Oct 16, 2018

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... Read more »

2 Answers | Asked in Medical Malpractice for Illinois on

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

Steve McCann answered on Oct 11, 2018

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... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for Illinois on

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

The contractor verbally promised a 10% discount and build date within 60-90 days if I signed a contract and provided down payment that day. I agreed and signed a contract. The contract did not list the build date. After multiple calls and text messages over the course of 8 months (the contractor... Read more »

Steve McCann answered on Sep 20, 2018

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... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on

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?

I was involved in an accident. I hit a parked car , however the entire vehicle flipped causing me to be hospitalized, I lost wages at work, etc. I later found out the car had frame damage which played a huge role in why the car flipped instead of staying upright.

Steve McCann answered on Aug 29, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

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

The apartment doesn't a landlord or the police have to contact the tenants who live in the apartment ????

Steve McCann answered on Aug 28, 2018

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... Read more »

2 Answers | Asked in Real Estate Law and Probate for Illinois on

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

Steve McCann answered on Aug 28, 2018

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... Read more »

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1 Answer | Asked in Contracts for Illinois on

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

Steve McCann answered on Aug 24, 2018

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... Read more »

1 Answer | Asked in Construction Law for Illinois on

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

Steve McCann answered on Aug 20, 2018

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,... Read more »

1 Answer | Asked in Personal Injury for Illinois on

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

Steve McCann answered on Aug 10, 2018

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...
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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, American... Read more »

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... Read 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 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 reflecting... Read more »

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... Read 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 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... Read 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 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... Read 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 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,... Read 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 3 years. What... Read more »

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.... Read more »

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... Read 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 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... Read more »

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