The areas of Tort Law that this Illinois personal injury law firm focuses upon are:

Tort laws - which come into play in personal injury cases - specify that when a person is harmed physically, mentally or financially by someone else, the person harmed ought to be compensated for his or her loss.  There are three kinds of torts: 1) intentional misconduct, 2) negligence and 3) strict liability.  Each of these torts requires that a degree of fault be established.

Intentional misconduct occurs when someone deliberately does something that harms another individual or causes damage to their property, whether they intended the harm or not.  An example would be if a person is pretending to hit someone with a bat and then actually does hit the person.

Negligence occurs when someone fails to act as a reasonable person in our society would act, and thereby causes harm to occur to another person or his/her property.  For example, it is reasonable to expect homeowners to keep their sidewalks in good repair.  If a sidewalk is cracked and someone falls, a suit may ensue based upon the homeowner's negligence in not repairing the sidewalk.

Strict Liability adheres to the principle that certain activities are necessary but so dangerous that even when a person executes the utmost of care, they cannot make them completely safe.  Defective products and recalls are an example of strict liability. 


Car Accident Tips

If you are involved in a car accident, it is wise to adhere to these tips:

#1. STOP.  Never run from an accident scene.  If you hit an unattended vehicle or damage other property, try to find the owner.  If you can't, leave a note with your name, address and telephone number.

#2. STAY CALM.  Do not argue, accuse anyone or admit guilt!

#3. SAFETY FIRST.  Turn the engine off; guard against fire.  In a major accident, leave the vehicles where they are and warn oncoming cars.  Have uninjured passengers wait at the side of the road.  In a minor accident, move the car to the right shoulder, if possible, and turn on emergency flashers.  At night, use a flare or emergency reflector to warn oncoming vehicles.  If needed, call for an ambulance.

#4. CHECK IF ANYONE IS INJURED.  Do not move injured persons or perform medical procedures yourself. 

#5. CALL THE POLICE.  Call 911 from the scene of accident or ask someone to call for you.  Report injuries.

#6. DO NOT DISCUSS THE ACCIDENT WITH OTHER PERSONS INVOLVED.  Give statements to no one except the police.  Be cooperative with the police but do not make a statement to anyone admitting fault.  Be careful of what you say at the scene of the accident and to your insurance agent.  Even casual remarks may be used in court.  Do not accept an on-the-spot claim settlement.

#7. WRITE DOWN INFORMATION ABOUT OTHER DRIVERS:

Get the names, addresses and telephone numbers of injured persons.  Take down the witnesses' vehicle license number first, then ask for their name, address and phone number.  Take notes about the accident.  Did you hear a horn blow?  Brakes squeal?  Other sounds?  Write down:
   a) the time of the accident
   b) location (street names, cross streets, landmarks, route or 
       exit numbers, road signs, traffic signals, etc)
   c) weather conditions, and
   d) road conditions

Draw a rough sketch of the accident giving the direction vehicles were traveling and location of vehicles after the accident and the number of lanes in each direction.

#8. DAMAGE.  Write down the location and extent of damage to all vehicles.  If possible, photograph the accident scene from four directions and the damage to each vehicle.  DO NOT PHOTOGRAPH INJURED PERSONS.

#9.  FILE A POLICE REPORT.  File a report with police at the accident scene or at the nearest police station.  Get the badge number of the police officer, a copy of the report, the report number and ask if a ticket is being issued.  You must report the accident, even if the other party says "Forget it" and leaves the scene of the accident.

#10. REPORT TO YOUR INSURANCE AGENT.  Report the accident to YOUR insurance agent as soon as possible.  Do not talk to the other party's insurance company.  If they call you, refer them to your attorney, or call our law offices at 773-631-4580.


Concerned About Attorney's Fee? 

No attorney's fee unless you receive compensation.

That's right!  The Law Firm of Michael V. Favia & Associates accepts personal injury, car accident, worker compensation, general accident and civil litigation cases on a "contingent fee" basis.  The fees are contingent upon the outcome of the case.  If the client receives compensation, the attorney will receive an agreed upon percentage of the award as his attorney's fee.  However, if the client does not receive compensation, the attorney receives no fee for his or her professional services.

The percentage charged ranges from 20% to 40% depending upon the type of case and whether it is settled early, goes to trial, or is settled just before trial.

The contingency fee enables ordinary people - who simply could not afford legal fees - to receive the best possible legal representation in their case.

In addition to attorney's fees, there are litigation costs such as filing fees, fees for medical records, expert witness fees etc., which are not contingent upon the outcome of the case and must be charged to the client.  An attorney is permitted to advance (loan) these costs to the client.  The total costs are then deducted from the client's share of the compensation at the conclusion of the case.

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Law Offices of Michael V. Favia & Associates
5045 N. Harlem Avenue Chicago, IL 60656
Phone (773) 631-4580 -- Fax (773) 631-7776
Additional office locations in Chicago Loop, Northwest Side, Northbrook and Hinsdale
E-mail: favia@lawyer.com

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