At fault insurance rarely pays your medical bills while your claim is pending. It is a common misconception that the insurance company for the at-fault-driver must pay all the medical bills. These companies only usually pay as the bills come in when they are trying to convince the injured person that the case will be settled at the end of treatment for a fair amount without the need for legal assistance.
Commonly, a fair amount is not offered and that is when many clients come into our office for representation. These clients can be at a disadvantage because our office could have assisted from the start and could possibly have put the claim in a more valuable position. Please call an attorney right away after an accident to get the best result possible with no additional fees, regardless of what stage the attorney comes into the case.
The more common scenario is that the insurance company for the liable party will not pay any bills as a strategy to put that burden on the injured person to force a settlement in the case for less than what is deserved. This can be especially effective when the innocent injured person has no medical insurance to fully or partially cover the bills.
Even when there is insurance, there are often co-pays or deductibles that cause out-of-pocket bills that the person hurt in the accident will be responsible for prior to the settlement.
An attorney can assist in keeping any unpaid bills from going to collections by asking the medical providers to file lien paperwork to assure that they are paid when the case settles. The lawyer can also assist in getting the bills reduced so more money goes to the injured person. Please call today if you have an injury so we can assist you with the bills as well as get you the money you deserve.
Thursday, April 12, 2012
Thursday, February 23, 2012
Protecting Your Rights in Foreclosure: Bankruptcy and Beyond
Due to the hard economic times, our office has been getting an increasing amount of calls from homeowners facing foreclosure on their homes. Many of our clients are surprised to hear that Bankruptcy may be the best (and sometimes, the only) way to defend a foreclosure.
For those clients who want to keep their home, but are struggling with making their monthly mortgage payments, a loan modification is often be a very good place to start. The Federal Government has loan modification programs available, and many lenders have their own in-house loan modification programs for borrowers who do not qualify for Federal assistance.
However, with the exception of certain eligibility criteria established by the Federal modification programs, lenders are not required to give their customers a loan modification. The loan modification qualification process hinges on a very fine balance between a consumer's ability to pay and financial necessity, and many lenders will not even consider your eligibility for these programs unless you are behind on your payments.
A pending loan modification will not stop a foreclosure case from being filed or from proceeding in Court. As the modification process can often take many months to complete, it is not uncommon for borrowers to be denied approval after a foreclosure case has already been filed. With the loan in default and no modification in place, a person may simply run out of time.
For those individuals to whom a modification has been denied or who can now afford to make their monthly payments, Chapter 13 Bankruptcy is often a useful tool to bring a mortgage loan current and/or stop foreclosure. Often referred to as a personal reorganization, Chapter 13 Bankruptcy allows qualifying individuals to repay a mortgage default over a period of 3 to 5 years. While a lender may choose whether to grant a loan modification to its customers, it may not deny a properly proposed Chapter 13 repayment plan. A case filed under Chapter 13 of the Bankruptcy Code will immediately stop a pending foreclosure so long as the property has not yet been sold.
In addition, Chapter 13 Bankruptcy allows for the restructuring of other types of debt, including car loans, junior mortgages, home equity lines of credit, credit card bills, medical bills and more. Under certain circumstances, the Courts will even allow consumers to strip secondary liens from their homes (junior mortgage liens and lines of credit), remove that loan payment from their monthly expenses and repay only a portion of the debt. This type of restructuring can be especially useful when a loan is scheduled to balloon or mature, and refinancing is not possible.
Chapter 13 Bankruptcy is not the right option for everyone. In order for the reorganization plan to be successful, an individual must be able to afford the required monthly payments. If a mortgage loan is significantly in default, or a client is not employed, this can be difficult. Nevertheless, Chapter 13 provides a court-supervised, financial reorganization for qualifying individuals struggling to make it in this difficult economy.
Sometimes, a client can no longer afford to make their monthly mortgage payments or cure an outstanding default. Again, it may be best to begin by working directly with your lender regarding other loss mitigation opportunities, such as a short sale of the property or a deed in lieu of foreclosure. A short sale can occur when the lender agrees to accept less than the full amount due and owing under the current mortgage in a sale of the property to a third party. By contrast, a deed in lieu of foreclosure is a borrower's transfer of his or her interest in the property by way of deed back to the lender so that the lender does not have to formally take back the property through the foreclosure process. Each lender will have their own criteria and requirements for eligibility under these programs, and a borrower may experience some of the same problems as those discussed regarding loan modification. However, while these options often guarantee that any amount due and owing under the loan will be forgiven by the lender, there may be year-end tax consequences as a result of the debt cancellation.
If one or more of these options fail, Chapter 7 Bankruptcy can be used to remove liability on home mortgages and unsecured debt, such as credit cars, medical bills, personal loans, payday loans, cash advances, and more. Chapter 7 Bankruptcy is often referred to as a "liquidation," though in reality, most filers retain all of their personal property. The idea behind this section of the Bankruptcy Code is that individuals with qualifying income are entitled to keep (or exempt) a certain amount of personal property for a fresh start. Property in excess of the allowed amounts may be sold, and the proceeds used to repay creditors a portion of the debt. Certain types of debt, such as auto loans and home mortgages, can be retained post-bankruptcy filing if the loan is current.
It is important to understand that Chapter 7 Bankruptcy will not save your home from foreclosure and will only temporarily suspend the foreclosure case. It will, however, allow you to surrender the property back to your lender pursuant to applicable state foreclosure law without any resulting liability. If a sale of the property returns less than the amount owed on the mortgage, a Chapter 7 Bankruptcy debtor is not personally liable for the balance or any tax consequences as a result of the debt cancellation.
Whether an individual will qualify or benefit from Bankruptcy protection involves the examination of many personal and financial factors, which must be assessed on a case-by-case basis. The lawyers of Franks, Gerkin & McKenna, P.C. have been serving the counties of Boone, DeKalb, Kane, McHenry
*This office is a debt relief agency. We help people file for relief under the United States Bankruptcy Code.
For those clients who want to keep their home, but are struggling with making their monthly mortgage payments, a loan modification is often be a very good place to start. The Federal Government has loan modification programs available, and many lenders have their own in-house loan modification programs for borrowers who do not qualify for Federal assistance.
However, with the exception of certain eligibility criteria established by the Federal modification programs, lenders are not required to give their customers a loan modification. The loan modification qualification process hinges on a very fine balance between a consumer's ability to pay and financial necessity, and many lenders will not even consider your eligibility for these programs unless you are behind on your payments.
A pending loan modification will not stop a foreclosure case from being filed or from proceeding in Court. As the modification process can often take many months to complete, it is not uncommon for borrowers to be denied approval after a foreclosure case has already been filed. With the loan in default and no modification in place, a person may simply run out of time.
For those individuals to whom a modification has been denied or who can now afford to make their monthly payments, Chapter 13 Bankruptcy is often a useful tool to bring a mortgage loan current and/or stop foreclosure. Often referred to as a personal reorganization, Chapter 13 Bankruptcy allows qualifying individuals to repay a mortgage default over a period of 3 to 5 years. While a lender may choose whether to grant a loan modification to its customers, it may not deny a properly proposed Chapter 13 repayment plan. A case filed under Chapter 13 of the Bankruptcy Code will immediately stop a pending foreclosure so long as the property has not yet been sold.
In addition, Chapter 13 Bankruptcy allows for the restructuring of other types of debt, including car loans, junior mortgages, home equity lines of credit, credit card bills, medical bills and more. Under certain circumstances, the Courts will even allow consumers to strip secondary liens from their homes (junior mortgage liens and lines of credit), remove that loan payment from their monthly expenses and repay only a portion of the debt. This type of restructuring can be especially useful when a loan is scheduled to balloon or mature, and refinancing is not possible.
Chapter 13 Bankruptcy is not the right option for everyone. In order for the reorganization plan to be successful, an individual must be able to afford the required monthly payments. If a mortgage loan is significantly in default, or a client is not employed, this can be difficult. Nevertheless, Chapter 13 provides a court-supervised, financial reorganization for qualifying individuals struggling to make it in this difficult economy.
Sometimes, a client can no longer afford to make their monthly mortgage payments or cure an outstanding default. Again, it may be best to begin by working directly with your lender regarding other loss mitigation opportunities, such as a short sale of the property or a deed in lieu of foreclosure. A short sale can occur when the lender agrees to accept less than the full amount due and owing under the current mortgage in a sale of the property to a third party. By contrast, a deed in lieu of foreclosure is a borrower's transfer of his or her interest in the property by way of deed back to the lender so that the lender does not have to formally take back the property through the foreclosure process. Each lender will have their own criteria and requirements for eligibility under these programs, and a borrower may experience some of the same problems as those discussed regarding loan modification. However, while these options often guarantee that any amount due and owing under the loan will be forgiven by the lender, there may be year-end tax consequences as a result of the debt cancellation.
If one or more of these options fail, Chapter 7 Bankruptcy can be used to remove liability on home mortgages and unsecured debt, such as credit cars, medical bills, personal loans, payday loans, cash advances, and more. Chapter 7 Bankruptcy is often referred to as a "liquidation," though in reality, most filers retain all of their personal property. The idea behind this section of the Bankruptcy Code is that individuals with qualifying income are entitled to keep (or exempt) a certain amount of personal property for a fresh start. Property in excess of the allowed amounts may be sold, and the proceeds used to repay creditors a portion of the debt. Certain types of debt, such as auto loans and home mortgages, can be retained post-bankruptcy filing if the loan is current.
It is important to understand that Chapter 7 Bankruptcy will not save your home from foreclosure and will only temporarily suspend the foreclosure case. It will, however, allow you to surrender the property back to your lender pursuant to applicable state foreclosure law without any resulting liability. If a sale of the property returns less than the amount owed on the mortgage, a Chapter 7 Bankruptcy debtor is not personally liable for the balance or any tax consequences as a result of the debt cancellation.
Whether an individual will qualify or benefit from Bankruptcy protection involves the examination of many personal and financial factors, which must be assessed on a case-by-case basis. The lawyers of Franks, Gerkin & McKenna, P.C. have been serving the counties of Boone, DeKalb, Kane, McHenry
*This office is a debt relief agency. We help people file for relief under the United States Bankruptcy Code.
Friday, January 27, 2012
Is the Insurance Company Giving You Enough Money for Your Car After an Accident?
An insurance company will possibly lowball you on the value of your car in an accident. When in an accident, hopefully property damage is the only issue you have to deal with. If there are injuries, please call us right away to guide you through the claims process so you get every penny you deserve. Otherwise, your property claim should be made to your insurance company. Your company may tell you to just have the claim paid by the other company, but the other company has no other business with you and will often times give you a lowball offer if your car is totaled or they may delay the processing or repairs.
Unlike the company for an at-fault-driver, your company has an incentive to keep you happy. They will often pay the entire car rental bill even if your policy does not have rental or only carries $30.00 a day. They will usually work quickly to get your car assessed and payment to you for its fair value. If repair is possible, they will go to a competent shop that will repair your car quickly and correctly.
Insurance companies will often lowball the value of the vehicle to save money knowing that it would be too time consuming and expensive to hire an attorney and appeal to bump up the value. Illinois Courts rely on the Nada Guide ( Nadaguides.com) and Kelly’s Blue Book (kbb.com) to resolve a value dispute.
You are able to put all of the specifics, options, condition, ratings and mileage into the system and a sales value and trade-in-value will be shown. You should be offered the sale value. The company may show you reports of recent comparable sales that come in much less than the sales value, but there are many ways to discredit those values if it were necessary to have a judge decide the value.
If you are faced with an offer that is well below value or an unreasonable delay in payout or repair, we will be happy to evaluate it to determine whether we can be of assistance. You need to be aware that the insurance policy will have strict deadlines for appeal of a claim decision, so any communication you receive about settlement could trigger the start of the deadline countdown. Please contact us right after this communication to make sure everything necessary to preserve the claim is done correctly.
The next step after the company has made a decision that you need to appeal depends on the insurance policy. Most policies require an out of court arbitration to take place to resolve the dispute. Other policies may require you to directly file a lawsuit which is a lengthy and costly process because you will need a mechanic and/or possibly a car dealer to testify at a jury trial as to the damages and value. If the company has no possible basis for its alleged value except to save themselves money at your expense, you may be entitled to additional punitive damages and/or attorney’s fees.
Please contact our office if you are faced with a claim decision you think is unfair to see if we can assist. Also, remember that you should contact us right away if there is an injury to make sure we can maximize your recovery.
Unlike the company for an at-fault-driver, your company has an incentive to keep you happy. They will often pay the entire car rental bill even if your policy does not have rental or only carries $30.00 a day. They will usually work quickly to get your car assessed and payment to you for its fair value. If repair is possible, they will go to a competent shop that will repair your car quickly and correctly.
Insurance companies will often lowball the value of the vehicle to save money knowing that it would be too time consuming and expensive to hire an attorney and appeal to bump up the value. Illinois Courts rely on the Nada Guide ( Nadaguides.com) and Kelly’s Blue Book (kbb.com) to resolve a value dispute.
You are able to put all of the specifics, options, condition, ratings and mileage into the system and a sales value and trade-in-value will be shown. You should be offered the sale value. The company may show you reports of recent comparable sales that come in much less than the sales value, but there are many ways to discredit those values if it were necessary to have a judge decide the value.
If you are faced with an offer that is well below value or an unreasonable delay in payout or repair, we will be happy to evaluate it to determine whether we can be of assistance. You need to be aware that the insurance policy will have strict deadlines for appeal of a claim decision, so any communication you receive about settlement could trigger the start of the deadline countdown. Please contact us right after this communication to make sure everything necessary to preserve the claim is done correctly.
The next step after the company has made a decision that you need to appeal depends on the insurance policy. Most policies require an out of court arbitration to take place to resolve the dispute. Other policies may require you to directly file a lawsuit which is a lengthy and costly process because you will need a mechanic and/or possibly a car dealer to testify at a jury trial as to the damages and value. If the company has no possible basis for its alleged value except to save themselves money at your expense, you may be entitled to additional punitive damages and/or attorney’s fees.
Please contact our office if you are faced with a claim decision you think is unfair to see if we can assist. Also, remember that you should contact us right away if there is an injury to make sure we can maximize your recovery.
Tuesday, November 8, 2011
Do Not Let Medical Bills Pile Up After an Accident
If you are or were injured in an accident, your medical providers may be looking to get more money then they would be getting from insurance. In Illinois, the law allows medical providers to file what is a called a lien with the car insurance companies involved in the accident. That lien requires the car insurance companies to pay the medical providers one hundred percent of the amount that they bill.
If you have ever looked closely at a medical bill, there is an amount charged that is determined by the medical providers themselves and often times the amount charged for service is highly inflated, sometimes it is ten times more than what the insurance, Medicare or Medicaid actually pays for the services.
The more money that has to be paid out to medical providers means that less money would be coming to you for the pain and suffering and lost wages from an accident. Say for example that the medical providers Billed One Hundred Thousand Dollars ($100,000.00) for your medical treatment from an accident and our office was able to secure an award of Five Hundred Thousand Dollars ($500,000.00). If no car insurance, health insurance, Medicare or Medicaid paid those bills, you would be paying the full One Hundred Thousand Dollars ($100,000.00) out of your award back to the medical provider.
Our office strives to require the medical providers to follow the law and bill insurance when required. Any no-fault car insurance policy that is accessible to you, which can include any policy that you own or is related to the vehicle you are driving independent of whether you are driving your own vehicle or that of someone else, is the primary insurance. Under Illinois law, our office is able to secure deductions from what is required to be paid back to the no-fault company out of an award in any injury case so that more money goes to you. If that no-fault coverage is either not available or exhausted, our office does everything available under the law to require health insurance, Medicare or Medicaid to pay a fraction of what the medical providers bill so that more money goes to you. Private health insurance is required to pay at that point, but as it pertains to Medicare and Medicaid, in many instances the law allows the medical providers to choose whether to see if they can get their full bill paid out of the award or from Medicare of Medicaid. Our office has been very successful in negotiating with the providers to either compel them to bill Medicare or Medicaid or accept a fraction of their bill to provide you with more money for your accident case.
I do not believe all injury attorneys focus on the medical bills because the payment of those bills is ultimately the responsibility of the client, but our office disagrees with that approach and we make it our problem to solve and we do the best we can to minimize the amount of money that goes to the medical providers unnecessarily .
Please contact us if you have an injury matter promptly after it occurs so we have the best opportunity to assist in reducing the bills and getting you as much money as possible for your injury case.
Steven J. Greeley
Sunday, October 30, 2011
Joseph C. Ponitz Named Partner of Franks, Gerkin & McKenna, P.C.
Franks, Gerkin & McKenna, P.C. is pleased to announce that Joseph C. Ponitz has been named a Partner of our firm.
Joe has an extensive legal background that encompasses a wide range of practice areas, including Criminal and DUI Defense, Family Law, and Commercial Litigation. Prior to joining Franks, Gerkin & McKenna, P.C., Joe served as a Prosecutor with the Winnebago County State's Attorney's Office.
Joe attended the Southern Illinois University School of Law, where he was a published author and an editor of the School's Law Review. Joe was also awarded the Southern Illinois University Alumni Scholarship Award. In addition, Joe served as a graduate assistant to a prominent professor and his research was accredited in the Duke Environment of Law and Policy Forum.
Joe is fluent in Spanish and volunteer with and serves on the Governance Committee of the Healing Pathways Cancer Research Center. He is a member of the Cosmopolitan Club of Boone County. He also serves as an Arbitrator for the Seventeenth Judicial District. From 2007 to 2010, Joe served on the Executive Committee of the Board of Directors of McHenry County Youth Service Bureau.
Joe is a member of the Illinois, Winnebago, McHenry and Boone County Bar Associations and serves as Chair of the Boone County Bar Association's Criminal Law Committee.
Joe has an extensive legal background that encompasses a wide range of practice areas, including Criminal and DUI Defense, Family Law, and Commercial Litigation. Prior to joining Franks, Gerkin & McKenna, P.C., Joe served as a Prosecutor with the Winnebago County State's Attorney's Office.
Joe attended the Southern Illinois University School of Law, where he was a published author and an editor of the School's Law Review. Joe was also awarded the Southern Illinois University Alumni Scholarship Award. In addition, Joe served as a graduate assistant to a prominent professor and his research was accredited in the Duke Environment of Law and Policy Forum.
Joe is fluent in Spanish and volunteer with and serves on the Governance Committee of the Healing Pathways Cancer Research Center. He is a member of the Cosmopolitan Club of Boone County. He also serves as an Arbitrator for the Seventeenth Judicial District. From 2007 to 2010, Joe served on the Executive Committee of the Board of Directors of McHenry County Youth Service Bureau.
Joe is a member of the Illinois, Winnebago, McHenry and Boone County Bar Associations and serves as Chair of the Boone County Bar Association's Criminal Law Committee.
Thursday, July 21, 2011
The Wrongful Tree Cutting Act
As a lawyer practicing in mostly rural McHenry County, Illinois, I have clients come to our office frequently who have had trees cut down by neighbors who do not bother to find out where the property line is located. You would think this type of claim would be simple because liability is not an issue where there is no dispute as to the property line but there always seems to be a dispute on value. The client wants the same 80 foot tall tree dropped into the ground but that is impossible. The insurance company and/or tree cutter think they did the client a favor and increased the property value by taking down an old tree. Or each party has a position somewhere in between these two extreme examples.
Valuing the loss in Illinois involves the Wrongful Tree Cutting Act, 740 ILCS 185/0.01 et seq., which provides treble damages on the "stumpage value", or the value of a standing tree. Almost the entire act defines the responsibilities of the Director of the Illinois Department of Natural Resources and the discretionary ability of the court to order the Director to obtain 3 appraisals of the stumpage value and to take the average to decide the issue of valuation.
Every case I have been involved it as plaintiff included a motion by the defendant to obtain these appraisals but 17 Ill. Adm. Code 1585.20(b)(1) causes those appraisals to be worthless in most situations because the appraisers are not allowed to assign values "to any tree that will not meet the definition of commercial timber. This Part does not apply to replacement, aesthetic, shade-tree or landscaping value." Despite this clear flaw in the regulations, the court in Marsella v. Shaffer, 324 Ill.App. 3d 134, 142 (2d Dist. 2001) confirmed that the Wrongful Tree Cutting Act extends to all trees, not just trees designed for use as timber. In addition, the court in Wujcik v. Gallagher, 232 Ill. App. 3d 323, 329 (2d Dist. 1992) reviewed a case involving tree cutting and confirmed that treble damages are appropriate for "acknowledging environmental injuries and holding wrongdoers accountable for actual damages."
An expert appraiser must then be retained by the injured property owner to prove its damages and certified arborists that utilize the American Society of Consulting Arborists Guide for Plant Appraisal should be sought for a proper appraisal. The arborist will rate the condition and location of the cut trees and apply those ratings to a formula involving the species and trunk size to determine the value of the tree.
Treble damages are then calculated from the value and the extent of possible damages under the Act that can be awarded will be known. The injured client must realize that this value will not result in a mature tree being able to be planted for that price but it will be sufficient for a reasonable size tree with additional money left over to compensate the victim for the loss. The parties should also be aware that the finder of fact can, in lieu of treble damages, award actual and punitive damages as it deems just. The court in Aaron v. Hendrickson, 221 Ill. App. 3d 842, 849 (5th Dist. 1991) confirmed that the Act was a remedy "additional [] to trespass." While judgment could not enter on the treble damages and punitive damages, the alternative pleading of trespass with a prayer for punitive damages would allow the finder of fact to assess fore than treble damages if the fact support it. See Marsella at 143. Punitive damages are warranted even against the unknowing tree cutter who does not check a survey to determine the property line location. In Rodrain v. Seiber, 194 Ill. App. 3d 504, 510 (5th Dist. 1990), the court upheld a punitive damages award where the defendant ordered a survey but did not bother to wait for it to be drafted before the tree cutting commenced. Therefore, based on the net worth of the defendant and the egregiousness of the situation, much more than treble damages could be awarded.
In sum, tree cutting cases tend to be litigious due the varying ideas that people have about the value of trees, however, plaintiffs can be awarded significant damages and can use that leverage in negotiation. Defendants can also attempt to persuade the finder of fact of the minimal value and the lack of malice to avoid punitive damages.
Valuing the loss in Illinois involves the Wrongful Tree Cutting Act, 740 ILCS 185/0.01 et seq., which provides treble damages on the "stumpage value", or the value of a standing tree. Almost the entire act defines the responsibilities of the Director of the Illinois Department of Natural Resources and the discretionary ability of the court to order the Director to obtain 3 appraisals of the stumpage value and to take the average to decide the issue of valuation.
Every case I have been involved it as plaintiff included a motion by the defendant to obtain these appraisals but 17 Ill. Adm. Code 1585.20(b)(1) causes those appraisals to be worthless in most situations because the appraisers are not allowed to assign values "to any tree that will not meet the definition of commercial timber. This Part does not apply to replacement, aesthetic, shade-tree or landscaping value." Despite this clear flaw in the regulations, the court in Marsella v. Shaffer, 324 Ill.App. 3d 134, 142 (2d Dist. 2001) confirmed that the Wrongful Tree Cutting Act extends to all trees, not just trees designed for use as timber. In addition, the court in Wujcik v. Gallagher, 232 Ill. App. 3d 323, 329 (2d Dist. 1992) reviewed a case involving tree cutting and confirmed that treble damages are appropriate for "acknowledging environmental injuries and holding wrongdoers accountable for actual damages."
An expert appraiser must then be retained by the injured property owner to prove its damages and certified arborists that utilize the American Society of Consulting Arborists Guide for Plant Appraisal should be sought for a proper appraisal. The arborist will rate the condition and location of the cut trees and apply those ratings to a formula involving the species and trunk size to determine the value of the tree.
Treble damages are then calculated from the value and the extent of possible damages under the Act that can be awarded will be known. The injured client must realize that this value will not result in a mature tree being able to be planted for that price but it will be sufficient for a reasonable size tree with additional money left over to compensate the victim for the loss. The parties should also be aware that the finder of fact can, in lieu of treble damages, award actual and punitive damages as it deems just. The court in Aaron v. Hendrickson, 221 Ill. App. 3d 842, 849 (5th Dist. 1991) confirmed that the Act was a remedy "additional [] to trespass." While judgment could not enter on the treble damages and punitive damages, the alternative pleading of trespass with a prayer for punitive damages would allow the finder of fact to assess fore than treble damages if the fact support it. See Marsella at 143. Punitive damages are warranted even against the unknowing tree cutter who does not check a survey to determine the property line location. In Rodrain v. Seiber, 194 Ill. App. 3d 504, 510 (5th Dist. 1990), the court upheld a punitive damages award where the defendant ordered a survey but did not bother to wait for it to be drafted before the tree cutting commenced. Therefore, based on the net worth of the defendant and the egregiousness of the situation, much more than treble damages could be awarded.
In sum, tree cutting cases tend to be litigious due the varying ideas that people have about the value of trees, however, plaintiffs can be awarded significant damages and can use that leverage in negotiation. Defendants can also attempt to persuade the finder of fact of the minimal value and the lack of malice to avoid punitive damages.
Wednesday, January 19, 2011
Olivia P. Dirig Joins Franks, Gerkin & McKenna P.C.
Franks, Gerkin & McKenna is pleased to announce that Attorney Olivia Dirig has joined our firm.
Olivia is an accomplished attorney with impressive experience. Olivia has an extensive background in civil litigation with particular emphasis in banking, real estate, creditors rights and family law.
Before joining FGM, she spent five years representing major financial institutions throughout the State of Illinois. She is an accomplished legal writer. During law school, Olivia won a state prize for an article she co-authored on employee rights.
Prior to moving to Illinois in 2005, Olivia held positions with the New York City Administration for Children’s Services and the Legal Aid Society - Juvenile Rights Division.
She attended Hofstra University School of Law in New York where she graduated with honors and was the research editor for the Hofstra Labor and Employment Journal. Olivia obtained her undergraduate degree with honors at the State University of New York at Stonybrook.
Currently, she serves as a member of the Illinois State Bar Association and the McHenry County Bar Association.
Franks, Gerkin and McKenna - Law firm of forty years, with practice areas including personal injury, workers’ compensation, litigation, real estate, estate planning, criminal defense, family law, land use and zoning, probate, commercial transactions, bankruptcy, and traffic violations. The firm has five partners; Herb Franks, Peggy Gerkin, Terry McKenna, Jack Franks, and Steve Greeley. Associates include: James Mullally, David Montenegro, Joe Ponitz, Sheila Amiry, and Olivia P. Dirig. The firm has Spanish speaking lawyers and staff.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
Olivia is an accomplished attorney with impressive experience. Olivia has an extensive background in civil litigation with particular emphasis in banking, real estate, creditors rights and family law.
Before joining FGM, she spent five years representing major financial institutions throughout the State of Illinois. She is an accomplished legal writer. During law school, Olivia won a state prize for an article she co-authored on employee rights.
Prior to moving to Illinois in 2005, Olivia held positions with the New York City Administration for Children’s Services and the Legal Aid Society - Juvenile Rights Division.
She attended Hofstra University School of Law in New York where she graduated with honors and was the research editor for the Hofstra Labor and Employment Journal. Olivia obtained her undergraduate degree with honors at the State University of New York at Stonybrook.
Currently, she serves as a member of the Illinois State Bar Association and the McHenry County Bar Association.
Franks, Gerkin and McKenna - Law firm of forty years, with practice areas including personal injury, workers’ compensation, litigation, real estate, estate planning, criminal defense, family law, land use and zoning, probate, commercial transactions, bankruptcy, and traffic violations. The firm has five partners; Herb Franks, Peggy Gerkin, Terry McKenna, Jack Franks, and Steve Greeley. Associates include: James Mullally, David Montenegro, Joe Ponitz, Sheila Amiry, and Olivia P. Dirig. The firm has Spanish speaking lawyers and staff.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
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