Helping you to understand the law: Personal Injury
A personal injury claim is an injury caused by someone else's misconduct. Because of the negligence, recklessness and irresponsible behaviors of certain individuals, many people become victims of personal injuries Personal injuries can result from a variety of things, including but not limited to: auto accidents, medical malpractice, nursing home abuse, work injuries, workers' compensation, birth injuries, brain injuries, wrongful death, or defective products.
The National Center for Injury Protection and Control reports that an estimated 31 million people are injured in accidents every year, and as many as 90,000 people die as a result of these injuries. Under the law, those injured in accidents caused by the negligence or recklessness of others are entitled to file a civil action suit - called a "tort" - against those who caused them harm.
The person who acted negligently or recklessly has to pay compensation for the damages sustained. Oftentimes, a personal injury claim can be settled before filing a lawsuit, thereby avoiding many of the additional expenses involved when filing a suit. By contacting a lawyer, prior to taking any action, you can ensure that your case has validity under the law.
Being a victim of personal injury can be a devastating experience that causes pain and suffering, frustration, financial strain, and a host of other problems. The legal team at Franks, Gerkin & McKenna understands this and will strive to obtain the compensation that you and your family deserve. Please contact our office at (815) 572-4256 to schedule your FREE initial consultation.
Underinsured Motorist Coverage: Tell them you mean business!
No one reads automobile insurance policies We all rely on our agent when we tell him we want "full coverage." Then, the worst happens: A driver with the minimum amount of insurance (twenty thousand) required by law causes a collision; medical bills for non-negligent driver exceed the coverage afforded by the negligent driver's insurance.
The next step is to make an underinsured motorist's claim against our own company. But, guess what? The underinsured coverage on our own policy is twenty thousand dollars, the legal minimum Since the negligent driver's policy is twenty thousand, and the insurance company is entitled to credit for that twenty thousand against the limits of your underinsured coverage, your recovery on your own policy is ZERO. This is after you've already paid premiums to your company and believed you were "fully covered!"
Your insurance company must notify you in writing when you apply for insurance, letting you know that you may select underinsured motorist's coverage (UIM) in the same amount as your liability coverage. For instance, if your liability limits are $100,000 per person/$300,000 per occurrence, you may, AND SHOULD, select underinsured motorist's coverage for that same amount. If you fail to specify this to your agent, the agent can easily furnish you with the minimum thinking to save you on the premium. This can lead to devastating financial losses, since the risk in today's world of being hit by an underinsured driver is higher than ever.
Go examine your existing policy or policies immediately. If you don't have underinsured motorist coverage, get it. If you have it, but it is less than your liability limits, increase the underinsured motorist's coverage to the liability limits. The premium you will pay is small and the benefits are great. Do not merely call your agent to ascertain your coverage, locate your policy and examine the declaration page and take appropriate action. The time and expense are well worth it. When catastrophe strikes, it may be too late!
About Us
At Franks, Gerkin & McKenna, P.C. the representation and protection of our client's legal rights has been our overriding priority for more than 40 years. Since our formation, our attorneys have provided our clients with the high level of legal expertise and experience typically associated with larger firms, but with the cost-effectiveness and personal attention found in smaller firms.
Our firm offers a wide spectrum of professional services designed to meet nearly every legal need. Our legal team has extensive experience in personal injury, workers compensation, litigation, real estate, estate planning, criminal defense, family law, land use and zoning, probate, commercial transactions, immigration, and traffic violations.
For more information on our firm, please visit our website at www.fgmlaw.com, or call (815) 572-4256 to discuss your legal issues with one of our experienced attorneys for FREE.
Recent Successes
- Won weekly Illinois Workers Compensation benefits for a child born after the death of her father in a job related accident and a $350,000 claim for a worker’s compensation wage differential claim.
- $67,000 judgment in collection on behalf of a building supplier
- Three $1 million dollar plus real estate closings
- A $1 million dollar settlement after a protracted mediation in a wrongful death action on behalf of a deceased man with no dependents.
- During mediation proceedings, achieved $1.6 million on behalf of an unmarried, 24-year old man, who fell to his death.
- $10 million real estate closing
- A $4.5 million dollar claim against a client’s estate was dismissed on our motion
Bio: Jack D. Franks, Partner
Jack’s background in multinational and commercial litigation and his federal court experience support his practice in complex commercial litigation, general business law and injury law. Jack is admitted to the U.S. Supreme Court and numerous Federal Districts. He is a member of the Illinois State Bar Association and McHenry County Bar Association. Jack also serves as a member of the Illinois Legislature, representing the 63rd District.
