Category Archives: Personal Injury

Hinsdale personal injury attorneyWith the spring season now upon us, people throughout the region will undoubtedly be looking to stretch their legs and leave winter behind them. Stores and retail outlets are likely to see a boost in sales over the next few weeks and months, but with more customers out and about, there will also be an increased risk of shopping injury. Wet floors, tripping hazards like extension cords, and falling merchandise can all pose serious threats to shoppers. Fortunately, the legal system provides protection—known as premises liability—for those injured on the property of another. At its most basic, premises liability laws require landowners to make sure that their property is safe for other people to enter, but other complications do often arise.

Shopping Injuries

Although people do not often think of shopping as a dangerous activity unless they are lining up for a Black Friday sale, even “normal” shopping can result in a variety of injuries. The most common injuries are the result of slips and trips due to puddles, tripping hazards or poorly maintained floors. These sorts of shopping hazards can result in sprains, bruises, broken bones, and back injuries, but shoppers can experience even more severe injuries.

Continue reading

DuPage County personal injury attorneyIf you have been injured in a car accident, the stress of the incident, dealing with your injuries and potentially a long recovery can all create problems for you and your family. But, what if red tape makes the situation even more difficult for you? This can happen when an insurance company of the party who caused your injuries attempts to settle your case for a sum that is far less than you need to put your life back on track. Insurance companies have a notorious reputation for making “lowball” offers to avoid litigation which could result in a greater payout for you.

Auto Accident Settlements

Car accidents can take many forms. In addition to the all-too-common head-on collision, rear-end or T-bone, car accidents can also be caused by drivers under the influence or those that are distracted. The increased use of cellphones has added another layer of danger to sharing the roads and highways, as some drivers refuse to put down their phones while behind the wheel.

Continue reading

DuPage County personal injury attorneyWhen you first learn to drive in DuPage Henry County or elsewhere in Illinois, your “education” may come not only from formal driver’s education classes but also from anecdotes and bits of wisdom shared by friends and family members. Some of these stories and pieces of advice can be helpful. Others, however, are incorrect, however, and can lead drivers to make errors in judgment that can either lead to car crashes or jeopardize the rights of an injured accident victim. Some of the more prevalent myths and inaccurate advice regarding Illinois car crashes include:

  • A pedestrian always has the right of way. While pedestrians may suffer serious injuries in an accident, this does not necessarily mean that pedestrians always have the right of way or that pedestrians can never act negligently and thereby contribute to their own injuries. A pedestrian who behaves in a careless manner—failing to look both ways before crossing the street or walking along a dark street while wearing dark clothing—and suffers an injury may find his or recovery limited in proportion to his or her degree of fault.
  • In a rear-end collision, fault is always clear. While many rear-end collisions are the result of a trailing driver carelessly running into the back of a vehicle in front of him or her, this does not mean the trailing vehicle’s driver is always to blame. The driver of the leading car—the car that was rear-ended—may have unreasonably and unexpectedly applied his or her brakes or made an abrupt turn without signaling. While this would not completely absolve the driver of the trailing car of responsibility for causing the crash, it may limit the damages the driver of trailing vehicle must pay to an injured party in the front car.
  • The at-fault driver must pay for my medical bills and other expenses. While this is generally true, this does not mean the injured motorist or passenger has no responsibility following a crash. An injured motorist who does not seek prompt medical treatment for his or her injuries, abuses prescribed medications, or fails to follow his or her doctors’ instructions and directions may be considered negligent and partly responsible for contributing to his or her own injuries. He or she may find it difficult to obtain full compensation for all of his or her losses, especially if his or her actions exacerbated the injuries.

Seek Representation from a Skilled Lawyer

These “myths” show that there is no such thing as a “clear-cut” personal injury or car crash case. Instead, your ability to recover compensation will depend on your ability to highlight the other party’s negligence while minimizing your own. Contact an experienced DuPage County car accident attorney at Martoccio & Martoccio for assistance with preparing and presenting your case for compensation. Our team will help you obtain the maximum amount of compensation possible given the facts and circumstances of your case.

Continue reading

Hinsdale personal injury attorneyAmerica has quickly become a well-connected nation. Virtually everyone talks to friends in other cities, states, and even other countries. Email, games, videos, and applications can be accessed almost anywhere. They do it at home, while waiting at the doctor’s office, and at coffee shops and diners. Many people are also doing it while behind the wheel. This poor driving habit – the new form of distracted driving – is on the rise, experts say. As a result, fatalities are increasing as well. If you or someone you love has been injured by a distracted driver, it is important to understand the seriousness of the situation.

Just How Big is the Problem?

For more than four decades, traffic fatalities were on the decline. Then, in 2015, traffic deaths rose by 7.5 percent. It was the biggest spike in more than 50 years. Data compiled by the National Highway Traffic Safety Administration found that distracted driving was responsible for an alarming percentage of those crashes. Accidents related to distracted driving also increased by a concerning 8.8 percent.

Continue reading

Hinsdale personal injury attorneysIn many car accident situations, it is very clear which driver was as at fault. For example, you may be driving along just under the posted speed limit when, seemingly out of nowhere, another driver on a cross street runs a red light and slams into your car. That driver would almost certainly be at fault for the accident and potentially liable for any injuries you sustained. What if, however, the driver ran the red light and hit you, but you were texting while driving and, therefore, did not react in time to avoid the accident? If you have been injured in accident such as this, you may share in the liability for your own injuries

Determining a Percentage of Liability

When multiple parties are each partially to blame for car accident that resulted in bodily injury, it is us to the parties involved—or the court if the case goes to trial—to determine which portion of responsibility should fall on which party. As you might expect, those whose actions or negligence which are considered to have contributed more to the accident will be assigned a higher percentage of liability, while actions found to be less significant will have a lower percentage assigned.

Continue reading
address15 North Lincoln Street, Hinsdale, IL 60521
phone (630) 560-4500

address21 North 4th Street, Geneva, IL 60134
phone (630) 425-6524
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

Share Your Experience