A Cook County jury has found in favor of an injured driver whose car was rear-ended at a traffic light on eastbound Liberty Street at Route 59 in Aurora, Ill. The crash took place on Jan. 23, 2008 when the 19-year-old defendant failed to stop his vehicle and rear-ended the car driven by the plaintiff, Mr. Castillo. Although there was very little damage to the cars, Mr. Castillo, 38, was taken to the emergency room at Rush Copley Medical Center in Aurora. He was released after x-rays were shown to be negative.
Mr. Castillo sustained neck pain and low back pain and received no medical treatment since 2008. He missed three months of work as a bricklayer totaling a claimed amount of $33,000 in lost pay.
However, at the time of the crash, the plaintiff was unemployed. He received a job offer after the crash, but was unable to accept it due to his injuries from this crash. The wage loss claim was based on the job he was forced to refuse.
The defendant admitted negligence before the start of the trial. However, he maintained that Mr. Castillo could not have been injured to the extent that he claimed based on the speed of the vehicles at the time of the impact and based on the minimal damage to the cars. The defendant, Mr. Las, utilized the expert testimony of a biomechanical engineer to support that claim at trial.
The jury’s verdict of $71,962 was entered in favor of the plaintiff, Mr. Castillo, based on the following damages:
• $26,500 for past and future disability;
• $20,000 for past and future pain and suffering;
• $10,462 for medical expenses; and
• $15,000 for lost wages.
Mr. Castillo was represented at trial by Chicago attorney Timothy P. O’Hara. Before trial, the demand to settle was $100,000. The offer made by the defendant, Mr. Las, was $14,000.
Valentin Castillo v. Dariusz Las, 09 L 2025 (Cook County).
Kreisman Law Offices has been handling car crashes, bicycle accidents and motorcycle accidents for individuals and families for more than 36 years, in and around Chicago, Cook County and its surrounding areas including Arlington Heights, Morton Grove, Schaumburg, Worth, Alsip, Homewood, Lansing and Chicago (Roscoe Village), Ill.
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