Q&A with Jack Franks of Franks, Gerkin & McKenna, P.C.

Jack Franks, partner at Franks, Gerkin & McKenna, P.C. in Marengo, Illinois, answers questions relating to personal injuries.

Q: What is personal injury litigation?

A: When people are injured at work, in an auto accident, or other accident, or if a healthcare provider breaches a duty of care they need help not only with their physical ailments but also legal issues. The insurance company has their lawyer whose job is to pay the injured person as little as possible or nothing. Our job is to get our client what they’re entitled to. Our client may be entitled to compensation so they can receive medical treatment, money lost from missing work and for pain and suffering.

Q: Is there a misconception that if people are partially at fault they’re not entitled to compensation?

A: There’s a thing called comparative fault, so as long as you’re less than 50 percent at fault, you may be entitled to compensation. In a multiple-vehicle accident you might be the second car who hits the guy in front of you, but it’s because you got rear ended. At work you might have made a mistake, but if you’re hurt you’re still entitled to compensation.

Q: Are there other misconceptions?

A: Yes – about how lawyers are paid. We don’t get paid unless we get you money, so there’s no risk to the client. We take a percentage of what we recover for them. People often settle with what the insurance company offers because they’re intimidated when the company takes their statement and acts all official. We’re the equalizer. You have everything to gain and nothing to lose, by hiring Franks Gerkin & McKenna