The Police Must Have Probable Cause to Arrest

When you are charged with a crime, especially a serious crime, you need a criminal attorney who can examine every aspect of the case, from the time you were arrested until the time you were released on bond.  Many times, police violate the rights of the accused under both the Illinois and Unites States Constitutions.  When charged with a crime, you need and experienced, creative, aggressive, criminal attorney who will fight for your rights, not just tell you to plead guilty.  A recent opinion from the Illinois Court of Appeals is an excellent example of defending a client to the fullest extent of the law.

A person was standing at a drug spot, on the street, yelling “dro, dro”.  The police arrested him for violating a city ordinance prohibiting solicitation of unlawful business on the street.  Of course, when he was searched by the police after the arrest, the police found a rather large quantity of drugs in his possession.  The arrest was challenged, contending the police did not have probable cause for the arrest.  The court found that there was probably cause, and the defendant was sentenced.  On appeal, the court found that the police did not have probable cause to believe a crime or ordinance violation was being committed or about to be committed.  The defendant won his case on appeal.

Do you want an attorney who will look at a case like this and tell you there is nothing he can do, and that the police have a good case?  Or do you want an attorney who will challenge the arrest and fight for you? Contact Orland Park Criminal Attorney James Payonk today.

Farmers Insurance Settles Class Action Lawsuit for Failure To Pay Medical Expenses For Persons Who Purchased Certain Farmers Insurance Coverage

LOS ANGELES, Aug. 5, 2011 /PRNewswire/ — Farmers Insurance announced today that it entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma (the “Court”).

The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities (collectively, “Farmers”).  The Court preliminarily approved the settlement on June 20, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments (“Med-pay”) and Personal Injury Protection (“PIP”) coverage in automobile policies based on Farmers’ use of certain claim adjustment systems and procedures.  Farmers denies all of Plaintiffs’ claims in the lawsuit.  However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

The Settlement Class includes all persons who submitted claims for payment of medical bills related to an automobile accident under Med-pay or PIP coverage if (a) the claim was adjusted from January 1, 2001 to February 9, 2009 based upon a recommended reduction from Zurich Services Corporation (“ZSC”), (b) the claim was paid at less than the amount billed, and (c) total Med-pay or PIP payments were less than the respective limits of coverage.  The Class also includes medical providers who were assigned the right to assert these claims.

Individuals or medical providers with questions about the lawsuit or the settlement can visit www.MedpayClaimsAdministration.com or call 1-877-846-0588 for more information and to get a claim form.  Claim forms must be postmarked by December 29, 2011.  Those affected by this settlement can submit a claim for benefits or they can ask to be excluded from, or object to, the settlement and its terms.  The deadline for exclusions and objections is October 29, 2011.  The Court will decide whether to grant final approval of the Settlement at a Hearing currently scheduled for November 29, 2011.

If you are involved in an automobile accident, truck accident or motorcycle accident, you need an attorney experienced in dealing with insurance companies and who will aggressively seek the full compensation to which you are entitled.

2 killed, 2 seriously hurt in wrong-way crash on tollway

August 11, 2011

Illinois State Police are still investigating a motor vehicle crash which killed tow people and seriously injured two others.

According to Illinois State Police Master Sgt. Carlita Joe, a red 2006 Porsche was on the eastbound lanes of the Reagan Tollway (Int. Hwy. 88) when the driver used an emergency vehicle turnaround just next to the Morton Arboretum in Lisle to cross into the westbound lanes about 6:28 p.m. Saturday.

The driver of the Porsche then continued east and hit a 2004 silver Toyota Corolla as it headed west in the second lane from the median, Joe said that one victim was pronounced dead at the scene, while another was taken to Edward Hospital in Naperville, where she was pronounced dead a short time later.

A passenger in the silver Toyota Corolla was taken to Edward and later moved Advocate Good Samaritan Hospital in Downers Grove. The driver of the Porsche, a 43-year-old man from Naperville, was taken to Good Samaritan with life-threatening injuries, police said.

Two other vehicles were also involved, a Ford Windstar and a Mazda, but no one in those vehicles were injured, police said. Joe said that it is not known if alcohol or drugs played a role in the crash, which remains under investigation.

If you or someone you love has been injured or involved in a car accident, contact  Cook County personal injury lawyer James A. Payonk Jr. today.