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Questions Answered by Steve McCann
1 Answer | Asked in Personal Injury for Illinois on
Q: What should I do with a restaurant I ordered food at that contained a small piece of plastic in it?

I ordered food from a popular chain restaurant by my house. Upon opening a container, on my first bite I swallowed a small sharp piece of plastic. And began choking. I panicked, as I was home alone, and was able to throw my stomach into a table and force the piece out. My throat hurts a tremendous... View More

Steve McCann
Steve McCann
answered on Apr 19, 2018

Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Me and my girlfriend name isn’t on a lease she is the head tenant can she just move out and put it in my name without m?
Steve McCann
Steve McCann
answered on Apr 17, 2018

The question is unclear, but assuming you are asking if your girlfriend can unilaterally transfer the lease into your name, it is highly unlikely, and is dependent on the terms of the lease. That said, I recommend organizing the lease and consulting with an attorney individually for a consultation.

1 Answer | Asked in Securities Law for Illinois on
Q: My broker misrepresented several things to me that I luckily realized before I lost any money. Can I still sue him?
Steve McCann
Steve McCann
answered on Apr 16, 2018

Yes, it is certainly possible you have a viable cause of action against your broker, but the chances of obtaining a judgment and recovering on that judgment is dependent on very specific facts that are not provided here, such as details of any contracts you have signed with the broker, and the... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: If a stockbroker embezzled my money, is there any way for me to get it back in a court action?
Steve McCann
Steve McCann
answered on Apr 16, 2018

It is certainly possible, but the chances of recovery are dependent on very specific facts that are not provided here, such as any contracts signed and any representations made by your stockbroker. That being the case, I recommend you organize everything in your possession related to this matter,... View More

4 Answers | Asked in Car Accidents for Illinois on
Q: My daughter was in a car accident while working, can she collect workerscomp for medical or should she go after the per

the person who hit her?

Steve McCann
Steve McCann
answered on Apr 15, 2018

It depends on specific facts that are not provided here, such as your daughter's scope of employment, and whether or not she was authorized to be driving as part of her job duties. That said, I recommend organizing everything in your possession related to this matter, and consulting with an... View More

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3 Answers | Asked in Car Accidents for Illinois on
Q: I was going from one alley in to another and was t-boned by a speeder. I was given a summons what should i do?
Steve McCann
Steve McCann
answered on Apr 3, 2018

If you were injured, you should seek medical attention immediately. Next, you should consult with a personal injury attorney. Many of us offer free consultations and will represent you on a contingent basis if your case has merit, so it will not cost you anything out of pocket to obtain the... View More

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1 Answer | Asked in Business Law and Employment Law for Illinois on
Q: I quit my job because my manager assaulted me. My corporate did not offer resolution. Can I file charges?

My manager has harassed me for months. She has retaliated against me by trying to have me written up when I report things to HR. Recently following a dispute she threw a gift card at me which hit me in the face in on front of the whole staff. I went to HR and our corporate and they told me she is... View More

Steve McCann
Steve McCann
answered on Apr 2, 2018

Yes, it is possible you are entitled to a remedy from your previous employer, but the viability of your claims is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including proof that you reported these actions to... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: Used vehicle purchase in Illinois

I purchased a used vehicle from a dealership in Illinois. After a week I had the vehicle in the shop for some work and it was determined at that time that the vehicle is unsafe to drive due to numerous issues with the front end. I was not made aware of these issues at the time of purchase. The... View More

Steve McCann
Steve McCann
answered on Mar 30, 2018

You still may be entitled to a remedy, even if you purchased the vehicle as is, but it is a very fact specific determination. Assuming you did not purchase an expressed warranty when you purchased the vehicle, there still may be an implied warranty if the vehicle purchased had less than 150,000... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I own a business and I’m behind a couple months on rent. My landlord is giving me 2 options: don’t pay him anything and

Leave, or pay him what I’m behind and he will move me to a different store. He’s not giving me the option to pay and stay.. ( my neighbor wants to expand) can he break my lease if I pay him? Or will he owe me for breaking the lease?

Steve McCann
Steve McCann
answered on Mar 30, 2018

The answers to your questions depend on very specific facts that are not provided here, such as the precise terms of your lease, and the remedies for defaulting on the lease. That being the case, I highly recommend organizing your lease and anything else that is relevant to this matter, and... View More

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Can I avoid cap gains tax from a commercial property if I get a commitment letter of purchase for a new rental? Stocks?

I just sold my portion of a family business (commercial real-estate that had rental income) back to my family who held the mortgage. I understand I need to purchase like property to avoid cap gains tax. If I cannot close in the 60 days can I get a commitment letter? Can I use a portion for... View More

Steve McCann
Steve McCann
answered on Mar 29, 2018

The answers to your questions depend on very specific facts that are not provided here, such as your relationship to the family business, your actual interest in the business, as well as terms of the sale of your interest back to your family.

Since it is apparent you are making very...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Commercial lease is expiring soon. Tenant likely will hold over. Can landlord turnoff utilities on lease expiration date
Steve McCann
Steve McCann
answered on Mar 29, 2018

No, you cannot turn off essential services because the tenant is likely to hold over. That would open you up to tremendous liability. If you believe the tenant has violated, or will violate the lease, organize the lease and anything else that is relevant to this matter, and consult with an... View More

1 Answer | Asked in Consumer Law and Native American Law for Illinois on
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.

I spoke with a guy who works for a debt collection company who currently has a debt from a payday loan I took out from a tribal payday loan company. I tried to comply and pay a portion but he refused my amount and said an arrest warrant will be issued. Can this really happen?

Steve McCann
Steve McCann
answered on Mar 27, 2018

No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Illinois on
Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.

When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe... View More

Steve McCann
Steve McCann
answered on Mar 26, 2018

My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: I purchased a used 2017 Subaru WRX 6weeks ago. I was driving in a highway and my clutch started to burn, smells.

Only use to work, drop off my daughther to school and home.

Steve McCann
Steve McCann
answered on Mar 26, 2018

Assuming you are inquiring into your potential remedies, it is going to depend on any warranties that attached to the car. If there are not expressed warranties covering these issues, there may be implied warranties depending on the amount of miles on the car since you purchased it.

In...
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1 Answer | Asked in Medical Malpractice for Illinois on
Q: How long do I have to file a med mal claim?
Steve McCann
Steve McCann
answered on Mar 22, 2018

You have two years from the date of the incident, or two years from when you discovered or should have discovered your injury. That being the case, if you believe you have a viable medical malpractice claim, I recommend consulting with an attorney as soon as possible. Medical malpractice claims... View More

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Banquet hall messed up on the menu - half the items were wrong. Can I ask for 50% discount?

Held a 25th anniversary party at a local restaurant/banquet hall for about 150 people. The provider messed up on the agreed upon menu and over the half the menu items were wrong. He agrees that there was a goof up that has never happened before but also agreed that this is the 2nd time with me that... View More

Steve McCann
Steve McCann
answered on Mar 20, 2018

You can certainly ask for a discount, but whether or not they will award a discount is a different story. Depending on the amount of damages you are alleging, it may be worth consulting with an attorney individually in order to obtain a professional's opinion that is tailored to the specific... View More

2 Answers | Asked in Traffic Tickets for Illinois on
Q: i need a lawyer i am being suid

i accidentially mad a right hand turn in front of a bus and acidentially struke it no tickets now I am being sued what kind of lawyer can you refer me to

Steve McCann
Steve McCann
answered on Mar 19, 2018

You need to hire an attorney that is experienced in civil litigation, namely dealing with motor vehicle collisions. If you were insured at the time of the accident, report the accident to your insurer as soon as possible, and they will hire an attorney to represent you. If you were not insured at... View More

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2 Answers | Asked in Wrongful Death for Illinois on
Q: Is it possible for the same person to file for a wrongful death and survival action lawsuit?
Steve McCann
Steve McCann
answered on Mar 16, 2018

It is possible, but it is a very fact specific determination that truly requires the assistance of an attorney. If you believe you have a wrongful death and/or survival action lawsuit with merit, consult with an attorney immediately. Many of us offer free consultations, and will represent you on... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: Was in a car accident but neither one of us were insured - anything I can do here?
Steve McCann
Steve McCann
answered on Mar 16, 2018

Yes, assuming you were not at fault, you can still sue the other driver personally for damages. That said, recovering from a judgment is a different story, as you will have to make sure the at-fault driver has enough assets where it makes economic sense to pursue a lawsuit against him or her. As... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Sue if a condo association mislead me into thinking my building has unit parking when it really has common element?

I moved into my Chicago condo about a year ago and was told parking was not included. Building management advised I would have to rent one from another tenant or wait until one became available on the market. I figured something would eventually become available because there is an excess of... View More

Steve McCann
Steve McCann
answered on Mar 14, 2018

Your question is a bit unclear, so did you purchase the parking space and later find out it could not be sold individually, or did you find that fact out prior to the completion of the sale?

Generally speaking, the association's liability depends on what representations were made by...
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