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Aurora, IL Personal Injury Lawyers
Aurora is Illinois’s second-largest city, and it sits at the crossroads of some of the state’s busiest roads. Highways like I-88 and Route 31 cut right through the city, and intersections like Route 31 and Indian Trail see heavy traffic every single day. When accidents happen in a city this active, the injuries can be serious, and the legal questions that follow can feel overwhelming. If you or someone you love has been hurt in Aurora, you need to understand your rights under Illinois law. At Briskman Briskman & Greenberg, we help injured people across the Chicago area, including those in Aurora, get the compensation they deserve.
Table of Contents
- Why Aurora Residents Need a Personal Injury Lawyer
- Common Types of Personal Injury Cases in Aurora, IL
- Illinois Laws That Protect Injured People in Aurora
- How Fault Is Determined in Aurora Personal Injury Cases
- What Compensation Can You Recover After an Injury in Aurora?
- FAQs About Aurora, IL Personal Injury Cases
Why Aurora Residents Need a Personal Injury Lawyer
Aurora is a busy city. It spans parts of Kane, DuPage, Kendall, and Will counties, which means a single accident can involve multiple jurisdictions. That alone makes personal injury claims in Aurora more complicated than in many other Illinois cities. Add in insurance companies that push back on claims, and you can see why having legal help matters.
Personal injury cases in Illinois are governed by the state’s modified comparative fault rule, found under 735 ILCS 5/2-1116. Under this law, you can still recover damages even if you were partly at fault for your injury. The key limit is 50%. If you are found to be more than 50% at fault, you cannot recover anything. But if your share of fault is 50% or less, your damages are simply reduced by your percentage of fault. So if you were 20% at fault and your total damages are $100,000, you would still recover $80,000. This rule protects injured people, but insurance adjusters often try to inflate your percentage of fault to shrink your payout. A personal injury lawyer knows how to push back on those tactics.
Illinois also has joint and several liability rules under 735 ILCS 5/2-1117. This law means that when multiple defendants are liable, those whose fault is 25% or greater are jointly and severally liable for all damages. That can make a real difference in how much you actually collect, especially when one defendant has deeper pockets than another.
Whether your case involves a car crash on I-88, a slip and fall near the Fox Valley Mall, or a workplace injury in one of Aurora’s industrial areas, the legal process requires attention to detail. The team at Briskman Briskman & Greenberg has been helping injured people in the Chicago area for decades. We are ready to review your case and talk through your options.
Common Types of Personal Injury Cases in Aurora, IL
Personal injuries can happen almost anywhere. Aurora’s mix of busy highways, urban intersections, commercial properties, and residential neighborhoods creates many different settings where accidents occur. Knowing what kinds of cases are most common can help you recognize when you may have a valid claim.
Car and truck accidents are among the most frequent causes of serious injury in Aurora. Chicago remains the city with the highest total crashes, followed by surrounding suburbs like Naperville, Aurora, and Joliet. Roads like Route 31 and Farnsworth Avenue see high volumes of traffic daily, and rear-end collisions, T-bone crashes, and pedestrian accidents happen regularly. Around one-third of crashes lead to injuries, and less than 1 percent result in fatalities, but that still adds up to more than 1,000 deaths annually across the state.
Slip and fall accidents are another major category. Under the Illinois Premises Liability Act (740 ILCS 130), property owners have a duty to maintain reasonably safe conditions for visitors. If a store, parking lot, or apartment complex in Aurora fails to address a hazard, like a wet floor, broken pavement, or icy walkway, and someone gets hurt, the property owner may be liable.
Dog bites are also common. Illinois has a strict liability dog bite statute, which means a dog owner can be held liable even if the dog has never bitten anyone before. If you were bitten by a dog in Aurora, you may have a strong claim.
Workplace injuries are covered under Illinois’s Workers’ Compensation Act (820 ILCS 305), which covers every person in the service of another under any contract of hire, including noncitizens and minors. If you were hurt on the job, you have rights under this law. And in some cases, a third-party personal injury claim may also be available alongside your workers’ comp claim.
If you are not sure whether your situation qualifies as a personal injury case, call Briskman Briskman & Greenberg. We offer free consultations and can help you figure out your next step. We also serve clients in other communities throughout the region, including as a Joliet personal injury lawyer and as a Gurnee personal injury lawyer.
Illinois Laws That Protect Injured People in Aurora
Illinois has a solid set of laws designed to protect people who are hurt because of someone else’s negligence. Understanding how these laws apply to your situation can help you make smarter decisions about your case.
The first law every injured person in Aurora needs to know is the statute of limitations. Under 735 ILCS 5/13-202, you generally have two years from the date your injury occurred to file a personal injury lawsuit in Illinois. Miss that deadline, and you lose your right to sue, no matter how strong your case is. Two years can go by faster than you think, especially when you are focused on recovering from your injuries. Do not wait to get legal advice.
If a loved one has died because of someone else’s negligence, Illinois’s Wrongful Death Act (740 ILCS 180/1) gives surviving family members the right to pursue a claim. The law allows the deceased person’s personal representative to bring an action for damages, and any amount recovered goes to the surviving spouse and next of kin. Under 740 ILCS 180/2, damages can include compensation for pecuniary injuries, as well as damages for grief, sorrow, and mental suffering. In some cases, punitive damages may also be available. Wrongful death cases are emotionally difficult and legally demanding. Having an experienced legal team in your corner makes a genuine difference.
Illinois’s modified comparative fault rule, discussed earlier, is also a critical protection. It means that even if you played some role in your accident, you are not automatically shut out of recovering compensation. The law gives you a fair shot as long as your share of fault does not exceed 50%.
Joint and several liability under 735 ILCS 5/2-1117 is another important tool. When multiple parties share blame for your injury, those who are 25% or more at fault are jointly and severally liable for your medical expenses and other damages. This law helps ensure that you can actually collect what you are owed, even when one defendant tries to shift blame to another.
As a Chicago personal injury lawyer, Briskman Briskman & Greenberg understands these laws inside and out. We put them to work for our clients every day.
How Fault Is Determined in Aurora Personal Injury Cases
One of the biggest questions in any personal injury case is simple: who is at fault? In Illinois, fault is determined by looking at negligence. To win a personal injury claim, you generally need to show four things. First, the other party owed you a duty of care. Second, they breached that duty. Third, that breach caused your injury. Fourth, you suffered actual damages as a result.
In a car accident case, this might mean showing that another driver ran a red light at the busy intersection of Farnsworth Avenue and Molitor Road, struck your vehicle, and caused you to suffer a broken arm and lost wages. In a premises liability case, it might mean showing that a property owner near the Riverwalk knew about a cracked sidewalk but failed to fix it, and you tripped and fell as a result.
Evidence is everything. Police reports, surveillance footage, witness statements, medical records, and expert testimony can all play a role in establishing fault. Aggregated motor vehicle crash data is critical information used by federal, state, and local agencies for highway safety research and studies. That same crash data, collected by the Illinois Department of Transportation, can also be powerful evidence in a personal injury case.
Insurance companies have their own investigators and adjusters whose job is to minimize what they pay out. They may argue that you were more at fault than you actually were, or they may dispute the extent of your injuries. Having a legal team that knows how to gather and present evidence is essential to getting a fair result.
Cases filed in Aurora that fall under Kane County’s jurisdiction are typically handled through the Circuit Court of Kane County’s Aurora Branch, located at 1200 E. Indian Trail Road, Aurora, IL 60505. Kane County Court functions within the 16th Judicial Circuit of Illinois and applies state laws at the local level. Knowing the local court system matters, and Briskman Briskman & Greenberg has the experience to handle cases in courts throughout the Chicago metropolitan area.
We also serve clients well beyond the Chicago area. If you need an Indianapolis personal injury lawyer or an Indianapolis dog bite attorney, we can help there too.
What Compensation Can You Recover After an Injury in Aurora?
After a serious injury, the financial pressure can mount quickly. Medical bills pile up. You may miss weeks or months of work. Your daily life may be turned upside down. Illinois law allows injured people to seek compensation for a wide range of losses, and understanding what you may be entitled to can help you set realistic expectations for your case.
Economic damages cover the financial costs of your injury. These include past and future medical expenses, lost wages, loss of future earning capacity, and property damage. If your injuries require ongoing care, like physical therapy, surgery, or long-term medication, those future costs can be included in your claim.
Non-economic damages cover the personal toll your injury has taken. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship are all examples. These damages are harder to put a number on, but they are real, and Illinois law allows you to pursue them.
Punitive damages are available in some cases where the defendant’s conduct was particularly reckless or intentional. These are not meant to compensate you, but to punish the wrongdoer and deter similar behavior in the future.
Under the joint and several liability rules of 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for your past and future medical and medically related expenses. This is especially important when your medical bills are significant and multiple parties share the blame for your injury.
Every case is different, and the value of your claim depends on the specific facts, the severity of your injuries, and how well your case is built and presented. The team at Briskman Briskman & Greenberg works to pursue the full compensation you are entitled to. As a Chicago personal injury attorney, we handle cases throughout the greater Chicago area, including Aurora and the surrounding communities.
Do not settle for less than your case is worth. Insurance companies often make early settlement offers that do not come close to covering your actual losses. Before you sign anything, talk to us. A consultation costs you nothing, and it could make a significant difference in your outcome.
FAQs About Aurora, IL Personal Injury Cases
How long do I have to file a personal injury lawsuit in Aurora, Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. If you miss this deadline, you will almost certainly lose your right to pursue compensation in court. There are some limited exceptions, such as cases involving minors or delayed discovery of an injury, but you should never count on an exception applying to your case. Contact a lawyer as soon as possible after your injury to protect your rights.
Can I still recover damages if I was partially at fault for my accident in Aurora?
Yes, in most cases. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. As long as your share of the fault is 50% or less, you can still recover compensation. Your damages will be reduced by your percentage of fault. For example, if you are found 30% at fault and your total damages are $50,000, you would recover $35,000. The key is making sure that your percentage of fault is accurately assessed, which is something a personal injury lawyer can help you fight for.
What should I do right after a car accident on a road like I-88 or Route 31 in Aurora?
First, make sure everyone is safe and call 911 if anyone is injured. Get a police report filed, because that document can be critical evidence in your case. Seek medical attention right away, even if you feel okay. Injuries like concussions and internal trauma do not always show up immediately. Take photos of the scene, your vehicle, and any visible injuries. Get contact information from witnesses. Then, before you speak with any insurance adjuster, consult with a personal injury lawyer. What you say to an insurer early on can affect your claim.
Who can file a wrongful death claim in Illinois if a loved one was killed in an accident in Aurora?
Under Illinois’s Wrongful Death Act (740 ILCS 180/2), a wrongful death action must be brought by the personal representative of the deceased person’s estate. Any damages recovered go to the surviving spouse and next of kin. The types of damages available include compensation for pecuniary losses, grief, sorrow, and mental suffering. In some cases, punitive damages may also be available. Illinois’s two-year statute of limitations generally applies to wrongful death claims as well, so it is important to act quickly.
Does Briskman Briskman & Greenberg handle personal injury cases outside of Chicago?
Yes. Briskman Briskman & Greenberg handles personal injury cases throughout the greater Chicago metropolitan area, including Aurora, and in other locations such as Joliet, Gurnee, and Indianapolis. If you were injured in Aurora or anywhere in Kane, DuPage, Cook, or surrounding counties, we can help. We offer free consultations, so there is no cost to speak with us and find out whether you have a case worth pursuing.
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