In order to arrange your affairs to ensure that your assets are properly held and allocated for the benefit of you and your loved ones in the event of a worst case scenario, it is important to have a comprehensive estate plan. Without a plan in place, decisions involving important issues, such as personal care providers, the ultimate distribution of your assets, and for younger parents, guardianship of your minor children, could be decided by the courts. In addition, your estate or your surviving family members could be left with a large estate tax bill that could be readily avoided by proper planning in advance.
It is essential to specify that personal injury cases are a form of civil law. In the context of filing a personal injury claim against someone who sexually abused you, since the situation is a part of civil law and not criminal law, the burden of proof is different than in a criminal case. In civil law, the burden of proof is a preponderance of the evidence, a lower standard than in criminal law, where the burden of proof is beyond a reasonable doubt. In addition, in Illinois, the statute of limitations with personal injury claims is two years, meaning you will have two years from the incident to pursue compensation against the at-fault party....
DUI/DWI
Drunk driving – Driving under the influence of drugs or alcohol is a serious offense that can lead to severe accidents. Intoxicated drivers have impaired judgment and are more likely to cause accidents.
Wrongful Death
Estate of Faifar v Sadovsky et al: Obtained the largest wrongful death verdict in Will County history of $3.4 million on behalf of the family of a 47-year old father who died following the failure to diagnose aortic dissection.
Traffic Violations
One common reason why truck accidents occur is due to driver error. Truck drivers often face tight deadlines and may feel pressure to deliver their cargo as quickly as possible. This can lead to drivers speeding, driving while fatigued, or engaging in other unsafe driving behaviors. In addition, some drivers may be inexperienced or untrained, leading to accidents. Another factor that can contribute to truck accidents is mechanical failure. Commercial trucks require regular maintenance and inspections to ensure they are in good working condition. If a truck is not maintained correctly, it can experience mechanical failure while on the road, leading to devastating accidents.
Fraud
Theft
Drug Crimes
Assault
Murder
Pat Flaherty recently held a cleaning services corporation accountable for disclosing private customer information that lead to the death of a 63 year old retired teacher. The corporation paid its liability insurance limits of $2,000,000 to the surviving children. The victim was shot and killed in her home by a former boyfriend against whom she had obtained a protective order. Several weeks before the murder, he called the victim’s maid service and asked for the cleaning schedule of her home. The schedule was disclosed without questions being asked or identification being provided. On the day of the murder, the gunman flagged down the maid service’s car as it left the victim’s home. He was wearing a reflective vest and a hard hat. He asked the workers to return to the home and knock on the victim’s door. They did so without asking questions or requiring identification. The gunman followed them to the home and parked out of sight of the front door. As the worker rang the doorbell, the gunman ran up along the side of the house, covered the video door bell, and stood out of the way. The worker returned to her car and drove away. The victim opened the front door and the gunman entered. Most of the events were captured on doorbell videos and internal security videos. This may be one of the first Illinois settlements against a personal services company for the criminal acts of a third party based on the release of allegedly confidential customer information.
Hit and Run
Anyone on the end of a hit-and-run accident knows what a dejected feeling it is to be left to fend for yourself and your damaged vehicle as the perpetrator speeds away. Such events can make you feel desperate, hopeless, angry, and so many other understandable emotions. As the driver speeds away, you may believe that there goes your chance of receiving any compensation related to your injuries from the hit-and-run car accident. Luckily, however, pursuing compensation, even in these sorts of circumstances, is not impossible.
Corporate disputes often become complicated and lead to costly and protracted litigation. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we work closely with you to resolve business disputes successfully and efficiently. If you need smart but practical guidance with any type of business matter, contact our office today at 630-907-0909. From our offices in Aurora, IL, we represent clients for corporate and partnership matters in Chicago, Rockford, Naperville, Oswego, Montgomery, Sugar Grove, DuPage County, Kane County, Kendall County, Will County, DeKalb County, Cook County and communities throughout Northern and Central Illinois.
Mergers and Acquisitions
At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have decades of experience in mergers and acquisitions throughout Chicagoland and the State of Illinois. Our firm has a tradition of integrity, innovation and commitment in addressing the needs of each client we serve. Our talented corporate attorneys have in-depth knowledge of business formations and startups, business acquisitions and sales, business succession planning and general business counseling. Our commercial litigation and appeals teams also practice regularly at every level of the Illinois state and federal court system.
Business Formation
Business Formation and Startups: When starting a business, your choice of entity is critical in minimizing potential legal issues and tax consequences as well as accomplishing your future business development goals.
Business Disputes
Contracts are the means by which business is conducted in modern society. When one party agrees to provide a product or service to another, a written agreement is often executed to help protect the interests of both sides. When one or both parties fail to fulfill their obligations under the agreement, contract disputes arise. Whether you need a contract written, or need one enforced, your first call should be to a lawyer experienced in general and commercial litigation.
Business Transactions
The attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur, P.C. have been instrumental in negotiating and closing transactions for companies and governmental agencies which allow businesses to prosper and which improve the quality of life in communities throughout the Fox Valley.
When an employee suffers a work-related injury or illness that results in a temporary disability, they are entitled to receive weekly cash benefits through the workers’ compensation insurance of their employer. However, workers’ compensation law is highly technical and difficult to navigate. The complexities of the law often result in a denial of benefits based on technicalities, even when workers are entitled to benefits. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have over a half a century of experience helping those who have been injured in workplace accidents in Illinois. Our attorneys are skilled and compassionate with an in-depth knowledge of the Illinois workers' compensation laws. Read more
Wrongful Termination
The trial lawyers of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. have over a century of combined experience in representing people, businesses and governments in a broad range of general and commercial litigation. We continue a rich tradition of providing innovative and bold solutions for individual and business problems. Our practice areas include complex contract disputes, eminent domain cases, local government, zoning problems, estate litigation, environmental and drainage cases, real estate litigation, breach of fiduciary duty claims, shareholder disputes, corporate and partnership dissolutions, trade secret claims, unfair competition claims, wrongful discharge cases, licensing and injunction matters, and appeals.
Employment Discrimination
Non-compete Agreement
Our experience in contract litigation includes corporate and partnership matters, shareholder agreements, mergers and acquisitions, real estate contracts, employment/subcontractor agreements, professional services agreements, non-compete agreements, confidentiality agreements, equipment and supply contracts and purchase orders.
When local governments want to enter into transactions, such as a contract to acquire real property for a new project, there are numerous federal and state laws, regulatory codes and ordinances that must be addressed. Navigating these legal complexities requires the skilled guidance of local government attorneys with a strong track record of success in this area of the law. Otherwise, municipalities and can open themselves up to liability exposure and costly real estate litigation down the road.
Premises Liability
If you or someone close to you has been injured on the property of another person or business, you may be entitled to compensation. Serious or fatal injuries can occur because of unsafe conditions or negligent activity. When accidents like this happen, it is important to speak with an experienced premises liability attorney as quickly as possible. An early and thorough investigation is necessary to preserve evidence and to protect your legal rights.
Construction Litigation
Real Estate Transactions
Real estate transactions involve a complex web of laws and regulations as well as lengthy, complicated contracts. Often, disputes arise between parties over issues related to zoning, environmental regulations, drainage, eminent domain, and many other matters. When such disputes occur, and there is a need for real estate litigation, it is important to be represented by experienced legal counsel with in-depth knowledge of the sophisticated nature of these issues.
Eminent Domain
Our accomplishments in eminent domain illustrate the success we have achieved in a broad litigation practice. We have helped many owners who have had property taken for the expansion of airports or the construction of pipelines, roadways and school buildings by obtaining multi-million dollar verdicts and settlements, including the highest per-acre verdict in Kane County history.
Easement
Land Use and Zoning
Development projects are often hindered by zoning and land use issues. Disputes typically involve land use restrictions, eminent domain, partition, construction laws and regulations, environmental compliance, and other matters. We have a long history helping clients successfully overcome these issues both inside and outside the courtroom. Over the years, we have represented countless businesses and government entities in complex property acquisitions. We have also helped numerous property owners obtain just compensation in eminent domain cases. This includes the highest per-acre verdict in Kane County history.
Today, the consumer marketplace is more complex than ever before. Thousands of new products hit the market each year. Many of these products are costly and time-consuming to produce. Often manufacturers are motivated to cut corners or to bring products to market without proper testing. When these things are done, consumers are put at risk of serious personal injury or death.
Medical Malpractice
At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have a distinguished history of helping the victims of medical malpractice throughout Northern Illinois. We understand the medical and legal issues, and we know what it takes to win. Success requires substantial medical knowledge, access to good medical experts, financial resources to fund the case and the determination and perseverance to never give up. If we accept your case, we will be your voice until justice is heard.
Auto Accidents
Social Security Disability
Social Security Online – official government site for social security disability (DDS) and supplemental security income (SSI)
Estate planning is an essential tool to carry out your wishes and preserve your wealth for the next generation. Whether you have a simple or complex estate, it is important to have a plan in place to ensure your children are well cared for, the right health care decisions are made should you become unable to make them yourself, and your assets end up in the hands of the right beneficiaries when you pass on.
Wills
Will contests are another facet of probate litigation. In order to contest a will in Illinois, you must have a financial interest, property right or fiduciary status. This is known as “standing.” In general, you have standing if you are a named beneficiary of the will or you are not a named beneficiary but would stand to inherit property if the will were invalidated.
Trusts
Living trusts are common in estates with substantial assets. They allow the grantor to control the management and distribution of the assets within the estate without the need for probate. A living trust also remains private upon the death of the grantor; as opposed to a will, which is filed publicly with the court. In addition, since there is no probate, the terms and conditions of the trust can be executed immediately upon the death of the grantor.
Power of Attorney
Married or had a civil union. Billy had a terminal illness in 2011. A week before he died, he appointed Patricia as his agent under an Illinois Statutory Short Form Power of Attorney for Property ("POA"), and as his sole beneficiary under his will. Under the POA, Patricia had the "power to make gifts, exercise powers of appointment, name or change beneficiaries under any beneficiary form or contractual agreement." This provision would appear to imbue Patricia with broad powers. It would seem to be what Billy wanted Patricia to be able to do with his property. Yet, this is not what happened in Collins.
When set up properly, a strong business succession plan can help facilitate a smooth and seamless transition of management/ownership to the next generation. The plan should clearly state the intentions of the owner regarding who will own, operate, and control the company when he/she retires or passes on. Once the wishes of the owner are identified, steps should be taken ahead of time to ensure the transition process is peaceful. Other important goals of the plan include limiting liability exposure, tax planning, and asset preservation.