ILLINOIS PERSONAL INJURY ATTORNEYS

Personal Injury Law Overview

Personal injury law, otherwise known as tort law, is an action caused by a civil wrongful act that harms someone and causes a person to suffer a loss. Those responsible for the tortious act can be held legally liable for their actions. When determining a personal injury case, the key is establishing negligence, which is the failure to exercise reasonable care. During the case, the attorney must prove that the negligent acts of another person caused harm or loss to their client and that they are entitled to damages to compensate for their injuries or losses. When you choose Curcio & Casciato, an experienced attorney will advocate for your rights and for you to receive fair compensation.

The most common personal injury cases are motor vehicle accidents, slip and falls, medical malpractice cases, product liability claims, and wrongful death cases.

The goal for any personal injury case is for the injured parties to receive compensation from the responsible parties to cover any injuries or losses they sustained. Personal injury laws can differ from state to state, so it’s important to have an experienced personal injury attorney represent you that is familiar with the local laws. If you have been seriously injured due to another’s negligence in Will County, contact an experienced personal injury attorney to evaluate your case.

Motor Vehicle Accidents

Motor vehicle accidents are the most common personal injury cases. They include car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents, which can all result in catastrophic injury.

According to 2020 motor vehicle statistics, over 246,000 crashes occurred that year. Over 50,000 of those crashes resulted in injuries, while more than 1,000 resulted in death.

Motor vehicle crashes are one of the leading causes of death in the United States. Over 2.3 million drivers and passengers went to the emergency departments in 2009 as a result of a motor vehicle accident injury. The following are the most common injuries caused by a motor vehicle accident:

• Traumatic brain injury
• Skull or facial fractures
• Spinal cord injuries
• Whiplash
• Partial or complete paralysis
• Broken bones
• Internal organ damage
• Nerve damage
• One or more amputations
• Road rash, bruising, and lacerations
• Loss of fetus
• Wrongful death

Motor Vehicle Accident Attorneys

Slips, Falls, and Other Premises Liability

If you’ve slipped and fallen on someone else’s property, they could be held legally responsible for your injuries. The legal obligation of a property owner and occupiers to prevent injuries is considered premises liability. The most common causes of premises liability claims are slip and fall injuries on an uneven floor, stairs, ice, spilled liquid, or debris. If you’ve fallen on someone’s property and were injured, our attorneys can evaluate your claim to determine the best course of action.

Premises Liability Claims

Animal Bites

According to the Centers for Disease Control and Prevention (CDC), every year, approximately 4.5 million people are bitten by dogs, half of them children. While few died due to their injuries, one in five dog bites requires medical attention.

In 2012, over 27,000 dog bite victims underwent reconstructive surgery. In addition to dogs, other animals have been known to attack both children and adults, sometimes causing infection. These include domestic (cats, ferrets, birds) and undomesticated (large cats and reptiles) typically found in the wild but sometimes owned by people as house pets.

Animal Attack Lawyers

Railroad Accidents

Despite trains being one of the oldest and safest forms of transportation, crashes and employee-related accidents occur frequently, resulting in hundreds of deaths and thousands of seriously injured each year. Human error, mechanical malfunction, improper operating procedures, inadequate safety devices, and negligence can cause these accidents.

Railroad Accident Lawyers

Railroad Employee Accidents

Railroad workers are prone to accidents at work due to the dangerous nature of trains. Because of this, Congress passed the Federal Employers Liability Act (FELA) in 1908 to protect railroad employees injured on the job. Railroad workers hurt at work should file a FELA lawsuit instead of a personal injury lawsuit. Those that file a FELA claim are more likely to receive 100% of their lost wages as opposed to 80% with a personal injury claim. A FELA claim will also cover damages for pain and suffering.

Railroad Employee Injuries

Wrongful Death

You could have a personal injury case if you’ve lost a loved one due to someone else’s negligence. Wrongful death can occur from a medical malpractice incident, car accident, or any other type of occurrence that would be considered a personal injury claim. Sadly, no amount of compensation will bring your loved one back, but receiving fair compensation can help the family members pay for burial expenses, medical bills, lost wages, and more. Our compassionate team of lawyers in Will County will handle your cases so that you can focus on grieving the loss of a loved one.

Wrongful Death Lawyer

Assault and Battery

Assault and battery offenses fall under criminal and civil law, meaning the offender can be held criminally and/or civilly liable. Assault is defined as the attempt to physically harm a person, and battery is the actual infliction of harm. Assault and battery are treated as separate offenses in the civil context. Considered “intentional torts,” assault and battery differ from typical personal injury cases because the offender intended to cause harm. More common personal injury cases require the injured to prove negligence.

Toxic Exposure and Poisoning

When someone’s negligence leads to the toxic exposure or poisoning of another, this falls under a personal injury claim. The effects of toxic exposure are often permanent, and the victim is unaware that their illnesses were directly related to that exposure.

A common example of a toxic exposure claim is mesothelioma, an illness caused by long-term exposure to asbestos.

Community Exposure

A dangerous chemical can cause those living near to become ill or even result in life-threatening injuries. The 2000 feature film Erin Brockovich starring Julia Roberts, is the best example of community exposure. This movie brought to light the lawsuit against the Pacific Gas and Electric Co. This company was responsible for polluting the drinking water of the entire town of Hinkley, California, resulting in an incredibly high cancer rate among the residents. This case resulted in the largest settlement ever paid by a direct action lawsuit in United States history. To learn more about dangerous pollutants in drinking water, contact the U.S. Environmental Protection Agency (EPA) Safe Drinking Water Hotline at (800) 426-4791.

Workplace Exposure

Certain occupations run a higher risk of their workers being exposed to toxic chemicals. Those working in industries such as photo developing, fabrication, hospital work, airline work, mechanical repairs, and construction are more vulnerable to toxic exposure.

What are Common Damages for a Personal Injury Claim?

When filing a personal injury claim, you want an experienced team of attorneys on your side. The Will County attorneys at Curcio & Casciato will provide aggressive legal representation no matter the severity of the injury. If you’ve been injured due to another’s negligence, you could be entitled to compensation for the following damages:

• Past and future medical bills
• Past and future rehabilitation bills
• Caregiving bills
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Emotional and mental distress
• Counseling expenses
• Loss of consortium
• Loss of enjoyment of life
• Permanent scarring, disfigurement, and disability
• Funeral and burial expenses if the personal injury resulted in wrongful death