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Plainfield Personal Injury Lawyers
If you or someone you love has been hurt in an accident near Plainfield, Illinois, you may be wondering what your next step should be. The bills are piling up. You may be missing work. And the person responsible is moving on like nothing happened. That is not fair, and Illinois law says it does not have to stay that way. At Briskman Briskman & Greenberg, we help injured people in Plainfield and across the Chicago area fight back and recover the compensation they deserve.
Table of Contents
- Common Personal Injury Cases in Plainfield, IL
- Illinois Laws That Protect Injured Victims
- Wrongful Death Claims Under Illinois Law
- Time Limits for Filing a Personal Injury Claim in Illinois
- What Compensation Can You Recover After a Plainfield Injury?
- FAQs About Plainfield Personal Injury Lawyers
Common Personal Injury Cases in Plainfield, IL
Plainfield sits in Will County, just southwest of Chicago along Route 59 and Interstate 55. It is a growing community, and with that growth comes more traffic, more construction, and unfortunately, more accidents. Whether you were hurt on Route 30, near the Plainfield Town Center, or on a busy stretch of 143rd Street, a serious injury can change your life in an instant.
Car accidents are one of the most common types of personal injury cases in the Plainfield area. Distracted drivers, speeding on local roads, and failure to yield at busy intersections cause serious crashes every day. Truck accidents are also a real concern here, given the commercial traffic moving along I-55 and nearby industrial corridors. Slip and fall accidents happen at local shopping centers, grocery stores, and parking lots, especially during Illinois winters when ice builds up fast. Pedestrian and bicycle accidents are another growing problem as more residents use the trails and paths around Plainfield’s parks and neighborhoods.
Dog bites, workplace injuries, and product liability claims round out the most common cases we see. No matter what type of accident injured you, the basic legal question is the same: did someone else’s carelessness cause your harm? If the answer is yes, you may have a strong personal injury claim. Our team at Briskman Briskman & Greenberg is ready to review your situation and help you understand your options. We also handle cases in neighboring communities, so if you need a Joliet personal injury lawyer, we can help there too.
Illinois Laws That Protect Injured Victims
Illinois has a strong set of laws designed to protect people who are hurt because of someone else’s negligence. Understanding these laws helps you know what to expect when you pursue a claim.
One of the most important rules is Illinois’s modified comparative negligence law, found at 735 ILCS 5/2-1116. Under this rule, you can still recover damages even if you were partly at fault for your own injury. However, your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages are $100,000, you would recover $80,000. The catch is that you are completely barred from recovering anything if your fault is found to be more than 50%. This rule applies to car accidents, slip and fall cases, and most other negligence-based claims.
Illinois also has a joint and several liability rule under 735 ILCS 5/2-1117. This means that when multiple defendants are found liable, they are all jointly and severally responsible for your past and future medical expenses. If a defendant’s share of fault is 25% or more, that defendant can be held responsible for all other damages as well. This matters a lot in accidents involving multiple parties, such as a multi-car crash on I-55 or an accident caused by both a negligent driver and a poorly maintained road.
Illinois also has a Premises Liability Act under 740 ILCS 130, which governs slip and fall and other property-related injuries. Under this law, property owners owe a duty of reasonable care to people on their property. If a store owner near the Plainfield Commons knew about a wet floor or broken step and did nothing, they can be held responsible for injuries that result. If you need a Gurnee personal injury lawyer for a premises liability case, our firm handles those cases too.
Wrongful Death Claims Under Illinois Law
Losing a family member in a preventable accident is one of the most painful experiences imaginable. Illinois law gives surviving family members the right to pursue a wrongful death claim when a loved one dies because of someone else’s negligence or wrongful act.
The Illinois Wrongful Death Act, found at 740 ILCS 180/1, states that when a person’s death is caused by a wrongful act, neglect, or default, the party who would have been liable if the person had survived remains liable for damages after death. This includes situations where the death results from circumstances that amount to a felony under Illinois law. Importantly, the law allows for punitive damages in applicable cases, though punitive damages are not available in healing art malpractice cases or against the State of Illinois.
Under 740 ILCS 180/2, a wrongful death action must be brought by the personal representative of the deceased person. Any compensation recovered goes to the surviving spouse and next of kin. Illinois law allows the jury to award damages that are fair and just, including compensation for grief, sorrow, and mental suffering, as well as pecuniary losses resulting from the death. These are real, meaningful damages that acknowledge the full human cost of losing someone you love.
Wrongful death cases in Illinois must generally be filed within two years of the date of death. For wrongful death cases, 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. Time moves fast after a tragedy. If your family lost someone in an accident near Plainfield, downtown Chicago, or anywhere in the region, contact Briskman Briskman & Greenberg right away. We also serve families who need an Indianapolis personal injury lawyer for wrongful death cases across state lines.
Time Limits for Filing a Personal Injury Claim in Illinois
One of the biggest mistakes injured people make is waiting too long to contact an attorney. Illinois law sets firm deadlines for filing personal injury claims, and missing those deadlines can cost you your right to compensation entirely.
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. For most cases, the time limit of two years begins on the date of the alleged incident. That may sound like plenty of time, but building a strong case takes months. Evidence disappears. Witnesses forget details. Insurance companies use delay tactics to wear you down.
There are some exceptions worth knowing. The law allows for a variation to the rule for injured persons under the age of 18 when the accident occurred. The two-year time limit will not begin running until the person reaches the age of 18. The statute also offers special conditions for anyone legally disabled when a car or truck accident or other personal injury occurs. The statute of limitations is paused or “tolled” while the individual has the disability or until such a time that the condition is removed.
Claims against government entities, like the Village of Plainfield or Will County, carry even shorter deadlines. 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 you slip and fall on improperly maintained public property, you may need to provide written notice of your injury within 45 days to certain government entities.
Do not wait to find out which deadline applies to your case. Contact Briskman Briskman & Greenberg as soon as possible so we can protect your rights from day one. If you are in the Chicago area and need a trusted Chicago personal injury lawyer, our team is ready to help you today.
What Compensation Can You Recover After a Plainfield Injury?
When you are hurt in an accident, the financial impact can be staggering. Medical bills, lost wages, and ongoing treatment costs add up fast. Illinois law allows injured victims to recover several types of compensation, often called “damages,” from the party responsible for the accident.
Economic damages cover your actual financial losses. These include current and future medical expenses, hospital stays, surgeries, physical therapy, prescription costs, and any assistive devices you need. They also include lost wages from time you could not work, and loss of future earning capacity if your injury prevents you from returning to your previous job or working at the same level.
Non-economic damages cover the human side of your injury. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable under Illinois law. These damages are harder to put a number on, but they are just as real as your medical bills. An experienced attorney knows how to present these losses in a way that reflects their true value.
In some cases, punitive damages may also be available. Illinois courts award punitive damages when a defendant’s conduct was especially reckless or intentional. For example, a drunk driver who causes a serious crash near Plainfield’s Settlers’ Park or along Route 59 could face punitive damages on top of compensatory ones.
Workers who are hurt on the job may also have rights under the Illinois Workers’ Compensation Act, 820 ILCS 305, which provides compensation for injuries arising out of and in the course of employment. In some situations, injured workers can also pursue a separate civil lawsuit against a negligent third party. If you were injured at a Plainfield worksite and are unsure of your options, Briskman Briskman & Greenberg can walk you through both paths. We also handle cases for clients who need an Indianapolis dog bite attorney or similar specialized representation in other jurisdictions. And if you are looking for a trusted Chicago personal injury attorney, our firm has been serving the greater Chicago area for decades.
FAQs About Plainfield Personal Injury Lawyers
How long do I have to file a personal injury lawsuit in Illinois?
In most personal injury cases, you have two years from the date of your injury to file a lawsuit under 735 ILCS 5/13-202. Some exceptions apply, such as cases involving minors or claims against government bodies. Claims against local government entities may have a deadline as short as one year. Contact Briskman Briskman & Greenberg right away to make sure you do not miss your deadline.
What if I was partly at fault for my accident in Plainfield?
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. You can still recover compensation as long as your share of fault is 50% or less. Your total damages will be reduced by your percentage of fault. So if you were 30% at fault and suffered $200,000 in damages, you could still recover $140,000. An attorney can help you fight efforts by the other side to inflate your share of the blame.
What types of damages can I recover in a Plainfield personal injury case?
You may be able to recover economic damages like medical bills, lost wages, and future care costs, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless conduct, punitive damages may also be available. The full value of your case depends on the facts, your injuries, and how the evidence is presented.
Can I file a wrongful death claim if a family member was killed in a Plainfield accident?
Yes. Under the Illinois Wrongful Death Act, 740 ILCS 180, the personal representative of the deceased can bring a wrongful death claim on behalf of the surviving spouse and next of kin. Recoverable damages include grief, sorrow, mental suffering, and pecuniary losses. You generally have two years from the date of death to file. Briskman Briskman & Greenberg can help your family pursue justice and fair compensation.
Do I need a lawyer for a personal injury claim in Plainfield, or can I handle it myself?
You have the right to handle your own claim, but insurance companies have experienced adjusters and attorneys working to minimize what they pay you. A personal injury attorney levels the playing field. An attorney can gather evidence, calculate the full value of your damages, handle negotiations, and take your case to court if needed. Most personal injury attorneys, including those at Briskman Briskman & Greenberg, work on a contingency fee basis, meaning you pay nothing unless you recover compensation.
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