Personal Injury Law Firm - Rockford, IL

Is the Insurance Company Giving You Enough Money for Your Car After an Accident?

2012-01-27T09:08:00.000-08:00

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.

Do Not Let Medical Bills Pile Up After an Accident

2011-11-08T09:48:00.000-08:00

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

Joseph C. Ponitz Named Partner of Franks, Gerkin & McKenna, P.C.

2011-10-30T18:04:00.000-07:00

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.

The Wrongful Tree Cutting Act

2011-07-21T09:41:00.000-07:00

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.

Olivia P. Dirig Joins Franks, Gerkin & McKenna P.C.

2011-01-19T08:51:00.000-08:00

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.

Helping you understand the law: Personal Injury

2010-10-07T11:41:00.000-07:00

When you or your loved one suffers an injury because of someone else’s misconduct or negligence, it is extremely helpful both financially and emotionally to have an attorney who understands the law and more importantly understands all the pain and suffering you are going through. Many people think that the person who injured you, will naturally compensate you for your injuries or that the insurance company will offer a reasonable settlement. Unfortunately, this rarely happens. The sad truth is insurance companies and their attorneys are concerned with protecting their own interests, not yours.

An experienced personal injury lawyer from Franks, Gerkin & McKenna, knows how to build your case, how to negotiate your case with an insurance company, and how to take your case to trial, if necessary. If you have been injured and believe that you may have a case against an individual, corporation, or other entity, it is very important that you do not delay in contacting us. The law has what is called “statutes of limitation.” These statutes limit the amount of time an injury victim has to file a lawsuit. In Illinois, a personal injury claim must be brought within two years of the injury. Therefore, failure to timely and properly file suit within that period may bar your claim forever.

Being a victim of personal injury can be a devastating experience and the legal team at Franks, Gerkin & McKenna P.C. understands this and will provide you with the representation you deserve. We are city lawyers in a country setting who will obtain the compensation that you and your family deserve. Please contact our office before it is too late at (815) 923-2107 to schedule your FREE initial consultation.

Real Estate Contracts

2010-09-02T06:00:00.000-07:00

If you are buying real estate, whether your personal residence or commercial property, or selling never assume, just because a contract has been pre-printed into a neat form, that it will protect your rights. You should never sign any contract unless you know for sure the legal effects of what you are signing.

Keep in mind that unless the contract contains a provision to the contrary, once a contract has been signed, it can only be changed if both sides agree in writing. And at that point, neither side can be forced to agree. Once all parties have signed a contract, simply drawing a line through the unwanted portions or penciling in some additional language cannot thereafter modify the contract.

Accordingly, unless you plan to have an attorney review your contract before you sign, it is imperative that you make sure that your contract contains an attorney approval provision. This provision allows you a short period of time, generally 5 to 7 days, to have an attorney review the contract after it has been fully signed to make sure it does what you need it to do. It is during this attorney approval period that you and your attorney can propose the changes that you will need in order to go forward with the transaction.

Many standard form real estate contracts contain attorney approval provisions. If, however, you are faced with a contract that does not contain this provision, ask your realtor to add a rider to provide for attorney approval. If you are forced to deal with a contract that does not contain an attorney approval provision, you should have an attorney review the contract before you sign it. For buyers, this means even before you direct your realtor to submit your offer. For sellers, this means before you sign to accept your buyer’s offer.

Only by thoroughly understanding the obligations that you are imposing upon yourself by signing a contract can you effectively decide whether or not to proceed. We can help you to understand the intricacies of your real estate transaction and also help you maximize your benefits and limit your liabilities under the contract.

If we can answer any questions for you, or if you have a real estate contract which you would like one of our real estate attorneys to review, please do not hesitate to contact us at (815) 923-2107.

What does a will really do?

2010-08-18T09:29:00.000-07:00

What happens if you die without a will? In Illinois, if you pass away without a will or trust, all of your property, your “estate,” will be divided according to state statute, which very well may NOT be the way you would choose. Additionally, if you die without a will, a court will decide who will act as the administrator of your estate, without your input as to your wishes.To be certain your property is distributed as you desire, you need a will specifying how you would like your property distributed upon your death. With a will you can name the person or entity that you wish to act as executor of your estate. You can also appoint a guardian for your minor children who will make important life decisions regarding their health, education and finances. Without a will, a court will decide who will make these decisions.Additionally, with a will you may waive bond for the executor of your estate. If you do not specifically state in your will that your executor’s personal bond should be waived the court will require the bond, using estate funds to purchase such. If you die without a will, your executor or administrator will be required to pay for a bond valued at one and a half times the value of your estate.While a will may satisfy your basic estate plan needs, a trust can address other concerns, such as the minimization of estate taxes and the avoidance of probate court. We can analyze your current situation and estate planning goals and help you determine if one or more trusts working in conjunction with a will, would best suit your estate plan needs.If you would like more information about this subject, or if you would like to meet with one of our estate planning attorneys to discuss the benefits of preparing a will or trust to suit your needs, call our office at (815) 923-2107.

Bankruptcy Options by Attorney James Mullally

2010-07-12T06:03:00.000-07:00

Sometimes the decision to seek relief from the bankruptcy court is made for you, despite your efforts to avoid such an earth-shattering ordeal, by the fact your creditors have all started coming at you from many directions. But sometimes, having a conversation about your financial situation before it becomes critical and no longer stays within your control, is extremely advantageous for you. Pre-bankruptcy planning can be vital for you, as such planning will maximize the use of your exemptions and can allow you a decent stake going forward, allowing you to continue with some of your personal plans for the future.

We have often seen a debtor come to us, facing a hoard of creditors, having borrowed against retirement savings, pensions and other ERISA-type funds, depleting these assets entirely. Such savings accounts would not normally be lost to creditors. Someone facing retirement, or retraining for a career change, cannot afford to start all over from the beginning with retirement funding. Almost all retirement funds, IRAs and the like survive bankruptcy ! Why throw your life savings at a losing proposition such as credit card debt, and jeopardize your future or your retirement because of a bad economy and a false hope it will all come back to you quickly. A dose of reality here: get out of debt earlier rather than later. Buying time now, in hopes of a quick recovery, will cost you time later, when you can least afford it.

There are social services available for debt counseling, and such counseling is required for every debtor entering the bankruptcy system. Get their advice now, while you can still plan. Direct the use of your assets without being forced to by creditors. You should also seek assistance from a bankruptcy practitioner early in the process, so you will know your legal options. Once you learn all of your options, you may be surprised to discover the strategic timing of a bankruptcy discharge was your best weapon all along.

Injured Agricultural Workers Trapped in an Insurance Cycle in Illinois

2010-07-05T12:00:00.000-07:00

When tragic accidents occur on the job, it is good to know that you have both the medical insurance and workers' compensation options to cover the costs of your medical care. Or do you? What if you are one of the few exceptions to your state's workers' compensation laws? What if your medical insurance denies your claim because you should be covered by workers' compensation? This was the unfortunate cycle in which one Illinois farmer found himself recently.

Once Upon a Grain Bin
After Jason Haas fell off the ladder in his grain bin, his first thought was probably not about which insurance was going to cover the medical costs to repair his injuries. One ambulance ride and $87,000 worth of medical care to fix his broken leg and crushed vertebrae later, it probably crossed his mind, however. Haas, who carried medical insurance with Humana through a non-agricultural part-time job, filed a claim to cover the bills, but Humana denied his claim. The insurer stated that the injuries relating to the farm accident were not covered because he was working at a for-profit job and he should be covered by Illinois' workers' compensation insurance. Now Haas had reason to worry about those medical costs.

Illinois Exemptions
Workers' compensation insurance and laws are supposed to cover the medical costs for injured employees. In Illinois, however, this coverage does not extend to agricultural workers, like Jason Haas, if the agricultural enterprise "employs less than 400 working days of agricultural labor per quarter in any quarter in the preceding year, excluding family members." While any exempted Illinois agricultural employer can choose to participate in the state's program for workers' compensation, it is typically too expensive to be a viable option.

Health Insurance Intervention
Since Jason Haas couldn't afford his own workers' compensation coverage, his injuries were not covered by the state's workers' compensation insurance program and his medical insurer declined to pay for any of the medical bills related to his farming accident, he had to find help. After contacting a legal agency, his case went all the way up to the Illinois Department of Insurance (IDOI) Director Michael McRaith. McRaith agreed that Humana did not correctly apply Illinois law in Haas' situation, stating that they rejected his claim based on state workers' compensation coverage that was not available to Haas.

Getting What You Deserve
With pressure from the IDOI and a little bad press, Humana began covering Jason Haas' extensive medical bills. In this case, Haas got what he deserved, but he had to fight for his insurance payments with the help of other legal and insurance professionals. When these types of unfair situations arise, it is best to seek the advice of an experienced Illinois workers' compensation attorney in your area. Know your legal rights and options so you can avoid being stuck in an unfortunate cycle of insurance runarounds.

WHAT IS YOUR INJURY CASE WORTH?

2010-06-28T06:00:00.000-07:00

The question in the title of this article is a question that involves many factors. This is why, despite what you may be led to believe by insurance companies or others, it is important to talk to an attorney about the value of your case no matter how minor the injury to take the steps necessary to get the appropriate compensation for the injury. This article provides you with the background of the different factors involved that you may or may not have considered. Certain injuries, including work related injuries and injuries caused by certain entities such as taverns and railroads are governed by different laws. All car accidents, slip and fall accidents and other premises liability issues apply here.

A person who has been involved in an accident that does not have special rules is allowed to recover certain damages from the responsible party under the law. These damages include any property damage, present and future medical expenses, present and future lost wages, disfigurement, disability, past and future pain and suffering and past and future loss of a normal life. The property damage and medical costs can be easily calculated. However, especially when it pertains to car accidents, those costs may be covered by your own insurance. It is also important to have these costs paid by insurance if possible. The responsible person or insurance company is not required to make any payment until they agree to or until there is a Court Order requiring it.

Therefore, the monetary compensation that will go directly to the injured person is usually based in the value of the other factors listed above. Clearly, any lost wages due to the injury should be allowed as long as your doctor has approved the time off. The remaining factors are much more difficult to calculate and depend on the severity of the injury involved, whether the injury has fully healed or if there will be future issues.

When a case is evaluated by an insurance adjuster or an attorney, the amount of money demanded and offered largely results from a risk/reward analysis by reviewing the facts of the case and forecasting, to the best of their ability, what the likely spectrum of results could be after a trial and then putting a dollar figure value on the case. The injured person and the liable person and their insurance company are adversaries and each are trying to benefit themselves as best as possible. The injured person is trying to obtain as much money as possible for the damages resulting from the injury and the negligent parties and their insurance companies are looking to minimize their losses.

When an offer is made or an award is given in court for an injury, it is generally an award of a lump sum amount that has been determined based on all of the factors above. Please beware that this offer/award has not taken the attorney fees, costs, and medical bills or other bills into account. The medical bill award is actually an award for the benefit of whoever pays them, which is usually an insurance company and they are usually entitled to reimbursement. Often times, due to the ability to recover the full amount billed for the services and the reduction of that amount by the insurance company and by the law for getting the Court Order, much less money then what is awarded is actually paid to the insurance company and therefore additional money is provided to the injured person.

Another consideration that obviously needs to be reviewed and analyzed is the facts and circumstances of the accident and whether the injured person has any percentage of fault for the accident. Under the law, as long as the injured person is less then fifty percent at fault, they are entitled to recovery of a pro-rata percentage of the damages. Therefore, if the injured person was awarded $100,000.00 for their injury, but was determined to be ten percent at fault, their award would be reduced to $90,000.00. If the injured person is fifty percent or more at fault, they are entitled to nothing.

Finally, regardless of the value of the case, certain insurance limitations on the amount of money the injured person can actually receive may apply. If the liable party is uninsured or underinsured, which means that they have too little insurance to fully compensate you for the value of your case, your recovery depends on whether the injured person has adequate uninsured or underinsured motorist coverage. Otherwise, you may be entitled to an award for the full amount of your damages but collection would need to be undertaken against the liable party individually and if they have little or no assets or they file bankruptcy this may be difficult or impossible.

To summerize, the evaluation of the value of a case is very complex and an attorney should be consulted to determine where the injured person stands. Contacting and retaining an attorney at the earliest stage possible will maximize the results so that actions are not taken that jeopardize the value of the claim. When the injured person speaks to an attorney, the factors above are good to know so the injured person can provide information to the attorney to achieve the best results possible.

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.

Late Night Roads Are More Dangerous for Illinois Drivers

2010-06-21T06:00:00.000-07:00

Most of your driving nightmares probably revolve around visions of rush hour — people cutting in front of you without signaling, the frantic rush mixed with sudden stops. Added to this early morning mess are more beeps and flashing red lights than a dance club. It's absolutely frightening.

However, according to recent statistics reported by the Illinois Department of Transportation, accidents are much more likely to occur late at night or early in the morning. While the hours between midnight and 3 a.m. only accommodate about 3.5 percent of the traffic on Illinois roads, they see around 16 percent of its traffic fatalities.

When you extend those hours back and look at the space of time between 9:00 p.m. and 3:00 a.m., we're talking about 30 percent of the road fatalities in Northern Illinois. And rush hour? Between 6:00 and 9:00 a.m, only around 9 percent of fatal crashes occur. While bad drivers may appear more often during this time, the deadly drivers seem to wait until later at night.

The numbers above are based on fatal crash statistics recorded between 2005 and 2008. Most of the accidents between 9:00 p.m. and 3:00 a.m. were attributed, at least in part, to alcohol or a failure to buckle up.

According the report, the hours between 12:00 and 3:00 a.m. — when bars are closing and patrons are determining how best to get home — are the most dangerous time to be on the road.
Though cell phone use and driver distraction have gained a lot of buzz lately, there's still something to be said about driving sober and buckling up. This year, during certain holidays such as the Fourth of July =, Illinois will employ late night checkpoints and designated DUI patrols to temper these numbers.

It is part of an ongoing push to curb preventable car accidents and road fatalities. Paired with legislation restricting texting and mobile device use in the car, there seems to be a re-ignited dedication to make the roads safer.

As for drinking and driving, many are predicting the creation, and mass application, of new technology that will gauge blood alcohol content (BAC) and keep inebriated drivers from leaving in their cars. Such devices already exist to a certain degree in the form of ignition interlock devices, but use has yet to become widespread.

As it stands, such devices are almost exclusively used for convicted offenders. There is no way to prevent first-time drunk drivers, or those who have not been caught before, from getting behind on the wheel and on the road.

Still law enforcement is hopeful that they will be able to put significant dents in road fatalities by increasing vigilance and pressure on drivers to ride safely.

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.

Texting While Driving

2010-06-14T06:00:00.000-07:00

In late May, the Illinois House passed a bill that bans motorists from sending, receiving or reading text messages, emails or instant messages on a cell phone, PDA or computer while driving. It also prevents drivers from accessing the Internet while behind the wheel. The bill was proposed partially in reaction to a 2006 accident involving a teen driver who hit and killed a bicycle rider in Urbana while attempting to download ringtones to her cell phone.

If signed into law by the governor, the police would be empowered to pull over drivers suspected of violating the law, making it a primary offense. (Some states that have passed the law only permit the police to fine drivers for texting if they were pulled over for violating another law, like speeding.) Drivers caught violating the law may be subject to fines between $75 and $500.

The bill also provides a number of exceptions for situations in which drivers would be permitted to text, including:
In emergency situations to contact the proper authorities
In cases where the driver was using a hands-free or voice-activated device
When the driver was parked on the shoulder of the road
When the driver was stopped in traffic and has the vehicle in neutral or park

Additionally, police officers and other emergency personnel may text while driving so long as it is done while performing official duties. Commercial drivers also may read messages displayed on permanently installed communication devices in their commercial vehicles.

The bill does not prevent drivers from using GPS, navigation or other devices physically or electronically integrated into their vehicles while driving — even though some legislators felt these devices should be included in the ban.

Distracted Drivers Prove Lethal on the Road
House Bill 71 was passed in response to the growing number of traffic accidents in the state caused by distracted drivers. The Illinois Department of Transportation (IDOT) attributes more than 1000 accidents in 2008 to distracted drivers.

Nationally, the National Highway Traffic Safety Administration (NHTSA) estimates 25% of all auto accidents are caused by distracted drivers. NHTSA also has conducted studies showing that cell phone use while driving leads to degraded driver performance and significant cognitive distraction. In other words, if a driver is concentrating on typing a text message or calling the office, the driver is not paying full attention to the road or other drivers.

As the available types of portable technology continue to increase, laws fall further behind in regulating their use. Drivers now have cell phones, PDAs, GPS and navigation systems, televisions, DVD players and computers vying for their attention while driving.

As of June 2009, 14 states have passed complete bans on texting while driving. Eight additional states have passed partial bans, which generally prevent young drivers from texting while operating a motor vehicle.

Contact an Experienced Attorney Today
If you have been injured in a car accident caused by a distracted driver, contact an experienced attorney today. If your vehicle was damaged in the accident, a personal injury attorneys can work with you to file your claim with the appropriate insurance companies. He or she also can help make sure you are seen by the proper health care professionals to evaluate and treat your injuries.

Most importantly, an attorney can file a personal injury suit against the person responsible for the accident to help you recover any out-of-pocket expenses from the accident, including unpaid medical expenses, lost wages and insurance deductibles, working with other professionals to investigate and reconstruct your accident to help build the best possible case on your behalf.

Illinois Speed Limit to Increase?

2010-06-04T14:02:00.000-07:00

The Illinois Senate Executive Committee voted 7-5 last month to advance a bill increasing the speed limit for all vehicles on interstates to the Senate floor. SB 3668 would increase the speed limit to 70 mph, except in Chicago and surrounding areas.

While the bill's sponsor, Sen. Dale Risinger, told the State Journal-Register that higher speeds don't increase the crash rate, safety advocates disagree. Illinoisans not unexpectedly look to neighboring Iowa for answers, since Iowa raised its speed limit from 65 to 70 mph in 2005. Researchers at Iowa State University analyzed the impact of increasing the speed limit on speed, traffic volume and public safety. The study conducted two years after the change took effect found that serious crashes involving fatalities or major injuries increased by 15 percent, but researchers tempered their conclusion by noting that annual variations in crash frequency and severity may account for this increase. With respect to cross-median crashes in the first six months after Iowa's speed limit increase, the increase was statistically significant, but has declined to earlier levels since that time.

If the Iowa experience is somewhat inconclusive, a broader study by the University of Illinois School of Public Health is not. That study, encompassing numerous states and various speed limits, found that higher speed limits lead to more fatalities. Researchers attributed 2,545 deaths and 36,582 injuries in fatal crashes to increases in speed limits from 1995 to 2005. The highest rate of increase — 9.1 percent — was observed on rural interstates where states had increased speed limits to 70 or 75 mph.

Research specifically addressing the impact of higher speed limits on tractor-trailer crashes is sparse, but because of differential braking requirements due to their weight, tractor trailers are believed to pose greater risk at higher speeds. The Insurance Institute for Highway Safety conducted a study in 1991 that demonstrated that the proportion of trucks exceeding 70 mph was twice as high in states with an undifferentiated 65 mph speed limit for all vehicles than in states with a 65/55 mph split for cars and large trucks. This study helps explain why many safety advocates prefer to see different speed limits for cars and large trucks.

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.

What is Worker's Compensation? Part II

2010-05-31T06:00:00.000-07:00

Filing a Workers' Comp Claim Against the Employer

If the employer denies an injured worker benefits, then the worker can file a claim against the employer with the Commission. In most cases, workers have three years from the date of injury to file a claim with the Commission.

When the Commission receives a new claim, it will assign an arbitrator to handle the case. Once an arbitrator has been assigned, then the worker or the employer can request a hearing (referred to as a trial) to determine if benefits should be paid. At the trial, the burden is on the worker to explain why he or she is entitled to workers' comp benefits. This often involves the use of expert witnesses, including physicians, to testify about the extent of the worker's injury. While it is not necessary for a worker to have an attorney represent him or her at this hearing, most injured workers have a lawyer handle their claim for them.

Once the trial is over, the arbitrator will issue his or her opinion within 60 days.

Appealing the Arbitrator's Decision
Either the employer or the worker may appeal an unfavorable decision by the arbitrator. Appeals are heard by a panel of three commissioners. The party appealing the decision has the burden to prove why the arbitrator's decision was incorrect during a hearing referred to as "oral arguments." Once the oral arguments are completed, the panel has 60 days to issue its opinion.
Workers who are employed by private employers may appeal the panel's decision in the Illinois court system. Public workers — those who work for a state or local government office or agency — cannot. For these workers, the panel's decision is final and binding.

Contact an Experienced Workers' Compensation Attorney
There are many reasons why workers may need to seek intervention of the Illinois Workers' Compensation Commission. In some cases, it may because their employer denied their initial benefits request. In other cases, it may be because the worker and the employer cannot agree on the extent of the worker's disability, which treatments are "medically necessary" or when the worker has reached maximum medical improvement.
If your employer has denied your request for workers' comp or has stopped paying your benefits, contact an attorney knowledgeable in workers' compensation law to learn more about your legal options.

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.

What is Worker's Compensation? Part I

2010-05-24T06:01:00.000-07:00

Workers' compensation is a type of insurance program that provides benefits to workers who are injured on-the-job or develop a work-related occupational illness or disease. In some cases, workers also may be entitled to workers' comp benefits if they have a pre-existing medical condition or illness that has been worsened by their work activities. The majority of Illinois workers are entitled to this important benefits program.

With limited exceptions, workers are entitled to workers' comp benefits regardless of who is at fault for their injuries. Some of the types of benefits that are available under the workers' comp system include:

All reasonably related medical expenses
Temporary and total disability benefits
Vocational rehabilitation
Death benefits

Under Illinois law, employers are required to provide workers' compensation for all of their employees from the first day they begin working for the employer. Most employers will buy a workers' comp insurance policy from a private insurance company, although some may receive permission from the state to self-insure.

In exchange for providing workers' comp, employers are protected against employee lawsuits to recover compensation for on-the-job injuries. In other words, workers who are harmed in a work-related accident generally cannot bring a lawsuit against their employers to recover for the injury; the workers' compensation system is their sole recourse.

Notifying the Employer
When a worker is injured at work, the first step the worker should take after seeking medical attention for the injury is notifying the employer of the injury. Under Illinois law, injured workers have 45 days from the date of injury to provide notice to their employers.

While this notice does not have to be made in writing, it is in the worker's best interest to do so. The notice should include such basic information as the date, time and place of the injury, a description of what happened and the worker's contact information. The worker also should keep a copy of the notice for his or her own records.

The Employer's Duties
Once the employer receives notice that one of its workers has been injured, the employer then must notify its workers' comp insurance provider of the injury. If the worker is out of work for more than three days due to the injury, then the employer also must notify the Illinois Workers' Compensation Commission ("Commission"). The employer also must begin paying the worker temporary total disability benefits or provide the worker with a written explanation of why the benefits have been denied.

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.

Business Law

2010-05-10T06:03:00.000-07:00

As our unemployment rate grows, many people are considering forming their own business. When you begin your own business, the first decision you will be faced with is what type of business to form. Some of the different types of organizations include: sole proprietorships, general or limited partnerships, corporations, limited liability corporations and professional corporations. Each of these different entity types vary greatly from one another in connection with the level of protection offered the owner from personal liability. Quite often tax consequences will dictate what type of business is correct for you. Other things to consider when setting up your business include who will be the owners, directors, members and officers of the corporation.

In addition, it is important to contemplate the financial and operational limitations of the business as well as where and with whom you will they be doing business. Not only are the short term goals of the business important to consider, but the long term goals are important to consider as well. These include whether the principal will be liable for the obligations of the business, what assets the principal will transfer to the business, and also whether the business will continue to operate after the principal is no longer participating in the organization. To ensure the business goals are able to be accomplished, some of the documents that need to be drafted include by-laws, operating agreements, shareholder agreements, employment agreements, employee manuals, severance agreements, and federal employer identification numbers.

At Franks, Gerkin & McKenna we are a full service law firm practicing in the areas of Personal Injury; Worker’s Compensation; Bankruptcy; Real Estate; Zoning; Wills’ Estate Planning; Probate; Divorce/Family Law; Criminal; Traffic and of course, Business Law.

Real Estate

2010-05-03T06:03:00.000-07:00

Whether purchasing residential or commercial property as a first time buyer or as a seasoned veteran, an attorney is important to make sure you are part of an equitable transaction. In a residential real estate situation an attorney is vital for any home ownership issues; for drafting and reviewing real estate contracts; in preparing and reviewing loan documents for title examination, title searches and title insurance; and to ensure your interests are represented at closings. In addition, condominium and town home communities benefit from attorneys to represent home owner associations.

Attorney representation is of equal importance in commercial real estate situations. An attorney is necessary for more than just negotiating agreements to purchase and sell property. An attorney is also necessary for land use, zoning, subdivisions, and to assess property to ensure it is environmentally sound. Similar to residential real estate matters, an attorney is needed for title claim matters and for real estate litigation.

Unfortunately, with the difficult economic times we presently face it is frequently necessary to consult an attorney for foreclosures. At Franks, Gerkin & McKenna we are a full service law firm practicing in the areas of Personal Injury; Worker's Compensation; Business Law; Bankrtupcy; Zoning; Wills’ Estate Planning; Probate; Divorce/Family Law; Criminal, Traffic and of course, Real Estate.

Bankruptcy

2010-04-26T06:02:00.000-07:00

In today’s struggling economy, it is not surprising that over one million Americans file for bankruptcy each year. Bankruptcy often is a major, life altering decision, however, many people find that filing for bankruptcy is the best option available. The bankruptcy process allows individuals to work out a plan to repay the money over time under Chapter 11, 12, or 13 of the United States Bankruptcy Code, or eliminate debt in Chapter 7. Using these processes is frequently the only process available to allow individuals to get out from under their debt and to obtain a fresh start. There are many organizations, agencies and banks that further help individuals filing for bankruptcy to re-build their credit and once again be able to qualify for loans.

When choosing an attorney it is important to find an attorney who is familiar with issues from the perspective of both the debtor and the creditor. This will help you navigate through the bankruptcy process in a much more concise and logical manner. When going through the bankruptcy process one needs to remember that it is not an end, but a new beginning and a fresh start in life.

At Franks, Gerkin & McKenna we are a full service law firm practicing in the areas of Personal Injury; Worker's Compensation; Business Law; Real Estate; Zoning; Wills’ Estate Planning; Probate; Divorce/Family Law; Criminal, Traffic and of course, Bankruptcy.

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.

Personal Injury

2010-04-19T06:03:00.000-07:00

In a personal injury lawsuit, an individual is seeking to have another held accountable for the injury or damages they have suffered. Injuries can occur in a wide variety of situations such as motor vehicle accidents, premises liability, product liability, batteries or actions on any other person, animal attacks, and also on the job accidents that may involve claims against parties other than an employer. Whatever the nature of your claim may be, it is important that you act quickly and concisely. The first step in doing so begins even before you meet with an attorney. Before meeting with an attorney, you can become as prepared as possible by writing notes about the incident, documenting your injuries, preserving evidence, taking photographs, talking to witnesses and obtaining a police report. If you do this initial research, you will come to your attorney meeting well prepared to discuss the damages you have suffered. Potential damages in a personal injury case can include both medical and property damages as well as damages for your pain and suffering.

During a personal injury lawsuit, you must be represented zealously by an attorney you trust. At Franks, Gerkin & McKenna we are a zealous, trustworthy, full service law firm practicing in the areas of Worker's Compensation; Business Law; Real Estate; Zoning; Wills’ Estate Planning; Bankruptcy; Probate; Divorce/Family Law; Criminal, Traffic and of course, Personal Injury.

Driving Under the Influence

2010-04-12T06:03:00.000-07:00

Effective January 1, 2009, several changes were made to Driving Under the Influence (DUI) laws. The amount of time a first-time DUI offender’s driver’s license is suspended has doubled. If an individual provides a breath sample over .08, his or her license is suspended for six months and if a driver refuses to provide a breath sample his or her license is suspended for one year. The suspension begins on the forty-sixth day following a DUI arrest. Therefore, it is vital that one begins defending his or her driving privileges immediately following arrest for a DUI.
The second major change to the DUI law was the end of the Judicial Driving Permit (JDP). In place of the JDP, individuals may drive after obtaining a Monitoring Device Driving Permit (MDDP). The MDDP requires a driver to have a Breath Alcohol Ignition Device (BAIID) installed in his or her vehicle. Once the BAID is installed, an individual may drive wherever he or she may need, unlike the JDP, which permitted driving only to work, education, or to counseling facilities. However, the BAID requires repeated maintenance and reporting and does have a substantial cost. It is a felony to drive without a MDDP if you are required to have one.

At Franks, Gerkin & McKenna we have extensive courtroom experience defending DUI charges. Many of our attorneys gained this experience as former prosecutors. We are a full service law firm practicing in the areas of Personal Injury; Business Law; Real Estate; Zoning; Wills’ Estate Planning; Probate; Divorce/Family Law; Bankruptcy; Worker’s Compensation, Criminal, Traffic and of course, defending DUI charges.

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.

Divorce/Family Law

2010-04-05T06:03:00.000-07:00

According to the Circuit Clerk’s Office, approximately 1,180 divorces were filed in McHenry County last year. These divorces impacted the lives of thousands of individuals from all economic backgrounds and more importantly thousands of children. The Illinois Joint Simplified Divorce Procedure is available for those individuals married less than eight (8) years, who earn a combined less than $35,000 a year and meet a few other specific criteria. Unfortunately even the simplest of divorces often turn into very difficult situations. When beginning a divorce some things to consider include: who will have custody of any children, child support, maintenance (formerly known as alimony), the marital home, personal property, insurance, pensions, stocks, repayment of any debts and any other assets and liabilities the parties may have.

During any divorce proceeding the parties have a tremendous power to handle the situation amicably and to avoid a great negative impact on those individuals who suffer the most, children. At Franks, Gerkin & McKenna we are a full service law firm practicing in the areas of Personal Injury; Business Law; Real Estate; Zoning; Wills’ Estate Planning; Probate; Worker’s Compensation; Criminal, Traffic and of course, Divorce/Family Law.

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.

Worker's Compensation

2010-03-29T06:03:00.000-07:00

Worker’s compensation laws provide money and medical benefits to an employee who has an injury regardless of fault as a result of an accident or occupational disease on the job. The laws help protect workers and their families against hardships that arise because of injury or death at the workplace. Many times an injured worker will look only at the immediate issues they are facing such as lost wages and income. Unfortunately, many work related injuries can have very long-term effects on personal health and income earning potential. The Illinois Worker’s Compensation Act requires, in part, employers to obtain workers’ compensation insurance, post a notice in each workplace that lists the insurance carrier and explain worker’s right. Additionally, an employer is prohibited from discharging an employee who is exercising his or her rights under the law.

We have well over 100 years combined experience in aggressively protecting our client’s rights in worker’s compensation lawsuits.

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.

Teen Driving by Joe Ponitz

2010-03-22T06:01:00.000-07:00

Every year it gets a little harder to remember, but “a few” years ago I was a soon-to-be driver in Marengo just waiting for the day I could finally receive my license. However, every year driving laws become much stricter for young drivers. All drivers under twenty-one can only be convicted of one traffic violation in any twenty-four month period of time. A subsequent conviction will result in a minimum three month license suspension. In addition, all drivers under eighteen are prohibited from using their cell phone and can only have one passenger (not of relation) under twenty. Finally, beginning January 1, 2008, driving privileges can be suspended for three months for any driver under twenty - one who receives court supervision or a conviction for possession, consumption, purchasing or receipt of alcohol.

As the laws become stricter it is more important to make sure your rights are protected. At Franks, Gerkin & McKenna we are a full service law firm practicing in the areas of Personal Injury; Worker’s Compensation; Business Law; Bankruptcy; Real Estate; Zoning; Wills’ Estate Planning; Probate; Divorce/Family Law; Criminal and of course, Traffic.

Welcome!

2010-03-19T12:07:00.000-07:00

WELCOME to the Franks, Gerkin & McKenna, P.C. blog. Our general practice law firm is located in Marengo, McHenry County, Illinois where we provide counsel and representation in a wide range of matters to individuals, families, and business clients across Northern Illinois.

We are a premier Northern Illinois law firm, committed to our clients and our communities. This blog is a mechanism for our firm to continue to cultivate a strong relationship with our clients and the entire Northern Illinois community. Our mission is to continuously earn our reputation as a leader in the legal community through our caring commitment to our clients by representing their legal rights with experience and integrity. Our team of experienced attorneys is honored to be nominated by our peers as leading lawyers, and we are members of the Leading Lawyers Network. Additionally, we are AV-rated under Martindale-Hubbell’s peer review rating system.

We will be releasing weekly blog entries to keep you informed and hope that you will follow us and enjoy the blog. For more information on our firm and our numerous areas of practice or to speak with an attorney and schedule your free initial consultation, please visit our website at www.fgmlaw.com or call 815-923-2107.

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.