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Des Plaines Car Accident Lawyer

If you’ve been hurt in a car accident in or around Des Plaines, you already know how fast life can change. One moment you’re driving along Mannheim Road or heading home from O’Hare International Airport, and the next, you’re dealing with injuries, medical bills, and a damaged vehicle. The road to recovery can feel overwhelming, but you don’t have to face it alone. Briskman Briskman & Greenberg is here to help you understand your rights and fight for the compensation you deserve.

Car Accidents in Des Plaines: What You Need to Know
Illinois Laws That Protect Car Accident Victims
What Damages Can You Recover After a Des Plaines Car Accident?
The Car Accident Lawsuit Process in Illinois
Why Time Matters: Illinois Deadlines for Car Accident Claims
FAQs About Des Plaines Car Accident Lawyers

Car Accidents in Des Plaines: What You Need to Know

Des Plaines sits in the heart of Cook County, bordered by major roadways like Interstate 90, Interstate 294, and U.S. Route 12. With O’Hare Airport right next door and heavy commercial traffic moving through the area daily, the roads in Des Plaines see a constant flow of vehicles. That volume creates real risk for drivers, passengers, cyclists, and pedestrians alike.

In 2024, there were 303,913 crashes involving motor vehicles in Illinois. Injury crashes accounted for 20.8% of these crashes, while fatal crashes accounted for less than 1% of the total. Those numbers reflect a serious public safety problem across the state, and the Des Plaines area is no exception. Busy intersections near the Oakton Street corridor and the River Road stretch see frequent rear-end collisions, sideswipe crashes, and accidents involving distracted drivers.

The total estimated cost of crashes in Illinois for 2024 was $8.3 billion. That figure covers medical treatment, lost wages, property damage, and more. For individual crash victims, the financial toll can be devastating. Whether your crash happened near the Des Plaines Metra station or on a surface street near Rand Road, your losses are real and you have legal options.

Illinois is a fault-based state when it comes to car accidents. Illinois is a traditional fault-based state. Under Illinois law, the person who is at fault for a car accident is legally responsible for all resulting injuries, property damage, and other losses. When you’re injured in an Illinois car wreck, you can bring an insurance claim or file a lawsuit against the responsible driver. Knowing this is the first step toward protecting your financial future after a crash.

Illinois Laws That Protect Car Accident Victims

Illinois has several laws in place that directly affect your car accident claim. Understanding them gives you a better picture of what to expect when you pursue compensation. A few key statutes are especially relevant to crashes in the Des Plaines area.

First, Illinois law requires every driver to carry liability insurance. Under 625 ILCS 5/7-601, no person may operate or register a motor vehicle in Illinois unless it is covered by a liability insurance policy that meets the minimum amounts set by state law. That means the driver who hit you should have coverage in place. If they don’t, your own uninsured motorist coverage may apply.

Second, Illinois law governs how fault is shared among multiple parties. Under 735 ILCS 5/2-1117, all defendants found liable in a negligence case are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. A defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages as well. This matters when multiple drivers or even a third party, such as a negligent road contractor, contributed to your crash.

Third, if you were hurt in a crash caused by a distracted or reckless driver, Illinois law also requires that driver to stay at the scene. Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in personal injury or death must immediately stop and remain at the scene until all legal requirements are fulfilled. Leaving the scene is a felony offense in Illinois, which can strengthen your civil case significantly.

Our team at Briskman Briskman & Greenberg knows these laws inside and out. We put them to work for our clients every day, whether they were hurt near the Des Plaines River Trail or on a busy stretch of Lee Street. Contact us to learn how these statutes apply to your specific situation.

What Damages Can You Recover After a Des Plaines Car Accident?

One of the most common questions we hear from car accident victims is simple: what can I actually recover? The answer depends on the facts of your case, but Illinois law allows injured victims to pursue a wide range of damages after a crash caused by someone else’s negligence.

Economic damages cover your out-of-pocket losses. These include medical bills, hospital stays, physical therapy, prescription costs, and any future medical care you may need. They also include lost wages if your injuries kept you out of work, and lost earning capacity if your injuries affect your ability to work long-term. Vehicle repair or replacement costs fall into this category too.

Non-economic damages cover the human side of your losses. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse or family members are all recoverable under Illinois law. These damages don’t come with a receipt, but they are very real, and a skilled attorney can help document and present them effectively.

Illinois also follows a modified comparative fault rule. If your share of the fault is more than 50% of the total, you can’t recover any damages at all. If the jury decides that you were 40% responsible for the accident, under Illinois’ comparative fault rule, you’re entitled to 60% of your total damages. This is why having an attorney who can build a strong case on your behalf, and push back on any attempt to shift blame onto you, matters so much.

If a loved one was killed in a crash near Des Plaines, the Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to seek compensation for their loss. Our team handles these deeply painful cases with care and dedication. We also serve clients in neighboring communities, including as a Schaumburg car accident lawyer and as a Waukegan car accident lawyer.

The Car Accident Lawsuit Process in Illinois

Most people don’t know what happens after they hire an attorney for a car accident claim. The process has several stages, and each one matters. Understanding the basics can help you stay informed and feel confident as your case moves forward.

The first step is the investigation. Your attorney will gather the police report, review any available surveillance footage, collect witness statements, and document your injuries and property damage. Near Des Plaines, this might involve pulling footage from traffic cameras near Touhy Avenue or reviewing records from the Des Plaines Police Department. Strong evidence from the start builds a stronger case later.

Next comes the demand phase. Your attorney will send a demand letter to the at-fault driver’s insurance company outlining your injuries, your damages, and the compensation you’re seeking. Insurance companies often respond with a low offer. This is where negotiation skills matter. Our attorneys at Briskman Briskman & Greenberg are experienced negotiators who know when to push back and when to take the fight to court.

If a fair settlement isn’t reached, your attorney will file a lawsuit. Cases involving Des Plaines residents are typically filed in the Cook County Circuit Court, located at the Richard J. Daley Center in downtown Chicago or at one of the suburban district courthouses. The litigation process includes discovery, depositions, and possibly a trial.

You can learn more about each step by visiting our dedicated page on the car accident lawsuit process. We also handle cases throughout the region, including as an Orland Park car accident lawyer. No matter where your crash happened, we’re ready to help.

Why Time Matters: Illinois Deadlines for Car Accident Claims

After a crash, it’s easy to focus on healing and assume the legal side can wait. The truth is, waiting too long can cost you your right to recover anything at all. Illinois law sets strict deadlines for filing car accident claims, and missing them has serious consequences.

For personal injury claims, Illinois gives plaintiffs two years to initiate legal action, according to 735 ILCS 5/13-202. That clock generally starts on the date of your accident. Missing this deadline could mean losing your chance to pursue compensation, even if you have a strong case.

For property damage claims, the deadline is longer. Under 735 ILCS 5/13-205, actions to recover damages for injury to property must be commenced within five years after the cause of action accrued. So if your vehicle was totaled in a crash near the Des Plaines River but you weren’t physically injured, you still have time to pursue your property damage claim, though acting sooner is always better.

There are some exceptions to these deadlines. 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.

Even with these exceptions, don’t assume you have more time than you think. Evidence fades, witnesses move away, and insurance companies become harder to deal with as time passes. Evidence like eyewitness testimony, accident photos, and surveillance footage can quickly disappear or become unreliable as time passes. Call Briskman Briskman & Greenberg as soon as possible after your crash. We serve clients across the Chicago area as a trusted Chicago car accident lawyer, and we’re ready to put our resources to work for you. You can also reach our team through our main page as a Chicago personal injury lawyer.

FAQs About Des Plaines Car Accident Lawyers

How much does it cost to hire a car accident lawyer in Des Plaines?

Briskman Briskman & Greenberg handles car accident cases on a contingency fee basis. That means you pay nothing upfront. Our fee comes as a percentage of the compensation we recover for you. If we don’t recover anything, you owe us nothing. This arrangement allows anyone to get legal help regardless of their financial situation.

What should I do right after a car accident in Des Plaines?

Call 911 and stay at the scene. Illinois law under 625 ILCS 5/11-401 requires drivers involved in a crash with injuries to stop and remain at the scene. Get medical attention even if you feel fine, because some injuries show up hours or days later. Document the scene with photos, exchange information with the other driver, and contact an attorney before speaking to any insurance company.

Can I still recover compensation if I was partly at fault for the crash?

Yes, as long as your share of fault is 50% or less. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found to be 30% at fault, for example, your total compensation is reduced by 30%. Only if you are found more than 50% at fault are you barred from recovering damages entirely. An attorney can help present the facts in a way that fairly reflects what happened.

How long will my Des Plaines car accident case take to resolve?

Every case is different. Some cases settle within a few months once medical treatment is complete and damages are clear. Others take longer, especially if the insurance company disputes liability or if serious injuries require ongoing treatment. Cases that go to trial at the Cook County Circuit Court can take a year or more. Your attorney will keep you informed at every stage and work to resolve your case as efficiently as possible.

What if the other driver had no insurance?

Illinois law requires all drivers to carry liability insurance under 625 ILCS 5/7-601, but not everyone follows the law. If the at-fault driver was uninsured, you may be able to file a claim under your own uninsured motorist coverage. If they had coverage but it wasn’t enough to cover your losses, underinsured motorist coverage may apply. An attorney can review your policy and identify every available source of compensation.

More Resources About Vehicle Injuries

The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

- Robin Albritton

If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team