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Plainfield Car Accident Lawyer
If you were hurt in a car accident near Plainfield, Illinois, you already know how fast life can change. One moment you’re driving along Route 30 or heading toward the Plainfield Village Hall, and the next, everything stops. Medical bills pile up. Your car is damaged. You might not be able to work. And on top of all of that, you’re trying to figure out who pays for it. At Briskman Briskman & Greenberg, we help injured people throughout the greater Chicago area get the compensation they deserve, including victims of car accidents in Plainfield and surrounding Will County communities. You don’t have to handle this alone.
Table of Contents
- Car Accidents in Plainfield: Why They Happen and What to Do First
- Illinois Law and Who Pays After a Plainfield Car Accident
- What Damages Can You Recover After a Car Accident in Plainfield?
- The Statute of Limitations for Plainfield Car Accident Claims
- How Briskman Briskman & Greenberg Helps Plainfield Car Accident Victims
- FAQs About Plainfield Car Accident Claims
Car Accidents in Plainfield: Why They Happen and What to Do First
Plainfield sits at the edge of the Chicago metropolitan area, right where suburban growth meets heavy commuter traffic. Routes like IL-59, US-30, and the area near the I-55 interchange see a constant flow of vehicles. That traffic volume means accidents happen regularly, and not just minor fender-benders. Many crashes in the area result in serious injuries, including broken bones, head trauma, and spinal damage.
In 2024, there were 303,913 crashes involving motor vehicles in Illinois. Injury crashes accounted for 20.8% of those crashes, while fatal crashes accounted for less than 1% of the total. Those numbers cover the entire state, but Will County, where Plainfield is located, is one of the fastest-growing counties in Illinois, which means more drivers on the road and more chances for collisions.
So what should you do right after a crash? First, stay at the scene. Under 625 ILCS 5/11-401, any driver involved in a crash resulting in personal injury or death must stop immediately and remain at the scene until all legal requirements are met. Leaving the scene of an injury crash is a Class 4 felony in Illinois. Failing to report within the required timeframe when someone is killed makes it a Class 1 felony. That law applies to the other driver too, and if they fled, that is important evidence for your case.
Call 911, get medical attention right away, and document everything you can. Take photos of the vehicles, the road, and any visible injuries. Get the names and contact information of witnesses. Then call a Chicago car accident lawyer as soon as possible. The steps you take in the hours after a crash can have a direct impact on your ability to recover compensation.
Illinois Law and Who Pays After a Plainfield Car Accident
Illinois follows a fault-based system for car accidents. That means the driver who caused the crash is responsible for paying damages to those they hurt. Under 625 ILCS 5/7-601, every driver in Illinois is required to carry liability insurance. That coverage is what typically pays for your medical bills, lost wages, and other losses when someone else causes an accident.
But what happens when more than one person shares fault? Illinois uses a modified comparative fault rule. If your share of the fault is more than 50% of the total, you cannot recover any damages at all. Suppose the jury decides your total damages are $100,000, but also decides that because you were speeding, you’re 40% responsible for the accident. Under Illinois’ comparative fault rule, you’d be entitled to 60% of your $100,000 total damages, or $60,000.
Illinois also has joint and several liability rules under 735 ILCS 5/2-1117. Under that statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages too. This matters in cases with multiple at-fault parties, such as a crash involving a distracted driver and a poorly maintained road near the Plainfield Park District or along the Dupage River Trail area.
Understanding how fault is assigned and how damages are calculated takes experience. The insurance company for the at-fault driver will have adjusters and lawyers working to limit what they pay you. You deserve someone in your corner doing the same. Our team at Briskman Briskman & Greenberg knows how to build strong cases for injured clients across Will County and the Chicago metro area.
What Damages Can You Recover After a Car Accident in Plainfield?
After a serious car accident, the financial impact goes far beyond the cost of fixing your car. Illinois law allows injured victims to pursue several types of compensation. Knowing what you may be entitled to helps you understand the full value of your claim before you accept any settlement offer.
Economic damages cover your actual financial losses. These include medical expenses, both past and future, lost wages if you missed work, loss of earning capacity if your injuries affect your ability to work long-term, and property damage to your vehicle. The total estimated cost of crashes in Illinois for 2024 was $8.3 billion, a figure that reflects just how significant the financial toll of car accidents really is.
Non-economic damages cover losses that are harder to put a dollar amount on. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse are all recoverable in Illinois. These damages can be substantial, especially in cases involving permanent injuries or long recovery periods.
If a loved one was killed in a crash, Illinois law provides additional options. Under the Wrongful Death Act (740 ILCS 180/1), when a death is caused by a wrongful act or neglect, the responsible party remains liable for damages, including punitive damages where applicable, even though the victim has died. Families of crash victims near Plainfield’s Renwick Road corridor or along the busy Route 59 commercial stretch have the right to pursue these claims.
Property damage claims in Illinois have their own deadline. Under 735 ILCS 5/13-205, actions to recover damages for injury to personal property must be filed within five years. Personal injury claims have a shorter window, which we cover in the next section. Either way, acting quickly protects your rights.
The Statute of Limitations for Plainfield Car Accident Claims
Time is not on your side after a car accident. Illinois law sets strict deadlines for filing personal injury lawsuits, and missing those deadlines can permanently end your ability to seek compensation, regardless of how strong your case is.
For many personal injury lawsuits, Illinois gives plaintiffs two years to initiate legal action, according to 735 ILCS 5/13-202. The statute applies to motor vehicle accidents, product liability, and premises liability. Under Illinois statute, the clock begins to run on the date the injury is sustained. Generally speaking, the second anniversary of your accident will serve as the deadline to file a personal injury lawsuit for damages.
There are some exceptions. If the accident victim is under 18, the two-year statute of limitations clock starts on their 18th birthday. If the accident victim is legally disabled, the clock begins when a doctor states that the mental health issue has been resolved. If the accident victim becomes disabled within two years, the clock pauses until they are declared mentally competent.
For wrongful death cases, the deadline is also two years, but families have two years from the date of the person’s death to file their claim, not from the date of the accident that led to death.
There is also an important consideration for cases involving government entities. The Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides special protections to government entities and employees. Under this act, you generally have just one year to file a claim against a city, county, school district, or other local government body. If a poorly maintained road near the Plainfield Township or a government vehicle caused your accident, you could be working with a much shorter deadline.
Do not wait to find out where you stand. Reach out to Briskman Briskman & Greenberg as soon as possible after your crash. To understand the full car accident lawsuit process, our team is ready to walk you through every step.
How Briskman Briskman & Greenberg Helps Plainfield Car Accident Victims
At Briskman Briskman & Greenberg, we represent injured people throughout the Chicago area, including those hurt in crashes in Plainfield, Joliet, Romeoville, Bolingbrook, and across Will County. We handle car accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you.
When you come to us, we get to work right away. We gather evidence, including police reports, medical records, witness statements, and accident reconstruction data when needed. We deal directly with the insurance companies so you don’t have to. And when an insurer refuses to offer a fair settlement, we are prepared to take your case to court.
Car accident cases near Plainfield may be litigated in the Will County Circuit Court, located in Joliet on Jefferson Street. Our team knows how to prepare cases for that venue and how to present your story clearly and compellingly to a judge or jury.
We also serve clients in other parts of the Chicago metro area. If you were hurt in a crash elsewhere in the region, our team can help. We handle cases as an Chicago personal injury lawyer firm with broad reach across Illinois. We also have dedicated pages for clients hurt in other communities, including those who need an Orland Park car accident lawyer, a Schaumburg car accident lawyer, or a Waukegan car accident lawyer.
You deserve honest advice and strong representation. Call Briskman Briskman & Greenberg today for a free consultation. We’ll listen to what happened, explain your rights, and help you decide on the best path forward. There is no pressure and no obligation. Just real answers from people who care about getting you the outcome you deserve.
FAQs About Plainfield Car Accident Claims
How long do I have to file a car accident lawsuit in Plainfield, Illinois?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit under 735 ILCS 5/13-202. If your case involves a government entity, such as a city vehicle or a road defect on public property, you may have only one year. Wrongful death claims also carry a two-year deadline, but the clock starts from the date of death, not the date of the crash. Missing these deadlines typically means losing your right to sue entirely, so it’s important to speak with an attorney as soon as possible after a crash.
What if the other driver doesn’t have insurance?
Illinois requires all drivers to carry liability insurance under 625 ILCS 5/7-601, but not everyone follows that law. If the at-fault driver is uninsured, you may be able to file a claim under your own uninsured motorist coverage. If they have some insurance but not enough to cover your losses, your underinsured motorist coverage may apply. An attorney can help you identify all available sources of compensation and make sure you don’t leave money on the table.
What if I was partly at fault for the crash?
Illinois uses a modified comparative fault rule. You can still recover damages as long as you are not more than 50% responsible for the accident. Your total compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $80,000, you would recover $64,000. Insurance companies often try to inflate your share of the blame to reduce what they owe, which is one reason having legal representation matters.
What types of injuries are most common in Plainfield car accidents?
Common injuries in car accidents include whiplash, broken bones, traumatic brain injuries, spinal cord damage, soft tissue injuries, and internal bleeding. Some injuries are not immediately apparent, especially head and neck injuries, which may take days or even weeks to fully show symptoms. This is why it’s critical to see a doctor right after any crash, even if you feel okay at first. Getting prompt medical attention also creates a record that connects your injuries to the accident, which is important for your legal claim.
Do I have to go to court to resolve my car accident claim?
Many car accident claims in Illinois are resolved through settlement negotiations with the insurance company before any lawsuit is filed. However, if the insurer refuses to offer fair compensation, filing a lawsuit and potentially going to trial may be necessary to protect your rights. Cases in Plainfield would typically be handled in the Will County Circuit Court in Joliet. Your attorney can advise you on whether a settlement offer is reasonable or whether pursuing a trial is in your best interest based on the facts of your case.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Plainfield
- Plainfield Bicycle Accident Lawyer
- Plainfield Distracted Driving Accident Lawyer
- Plainfield Drunk Driving Accident Lawyer
- Plainfield Fatal Car Accident Lawyer
- Plainfield Motorcycle Accident Lawyer
- Plainfield Pedestrian Accident Lawyer
- Plainfield Truck Accident Attorney
- Plainfield Uber Accident Lawyer
- Plainfield Lyft Accident Lawyer
- Plainfield Uninsured Motorist Accident Lawyer
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