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Springfield Personal Injury Lawyers
Getting hurt is scary. Whether it happened on I-55 near Springfield, in a parking lot off South Grand Avenue, or at a workplace in Sangamon County, the aftermath of a personal injury can turn your life upside down fast. Medical bills pile up. You may miss work. You might not even know where to start. That is where Briskman Briskman & Greenberg comes in. Our team serves injury victims across Illinois, including those in and around Springfield, and we fight hard to help you get the compensation you deserve.
Table of Contents
- What Is a Personal Injury Claim in Illinois?
- Common Types of Personal Injury Cases in the Springfield Area
- Illinois Laws That Protect Injury Victims in Springfield
- The Deadline to File Your Injury Claim in Illinois
- What Compensation Can You Recover After a Springfield Injury?
- FAQs About Springfield Personal Injury Lawyers
What Is a Personal Injury Claim in Illinois?
A personal injury claim is a legal action you take when someone else’s carelessness causes you harm. Think about a driver running a red light on Dirksen Parkway and slamming into your car. Or a store owner near the Old State Capitol who fails to fix a broken floor and you slip and fall. These situations happen every day in Illinois. When they do, the law gives you the right to seek money for your losses.
To win a personal injury case in Illinois, you generally need to prove four things. First, the other party had a duty to act reasonably. Second, they breached that duty. Third, their breach caused your injury. Fourth, you suffered real damages as a result. These are the building blocks of negligence law, and they apply whether your case involves a car crash, a dog bite, a slip and fall, or a workplace accident.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if you were partly at fault for your own injury, your compensation gets reduced by your share of the blame. For example, if a jury finds you 20% at fault, your award drops by 20%. If your fault exceeds 50%, you cannot recover anything at all under Illinois law. This rule makes it critical to have a strong legal team in your corner from day one. Chicago personal injury lawyer services at Briskman Briskman & Greenberg are built around protecting your rights under exactly these kinds of rules.
Illinois law also addresses joint liability under 735 ILCS 5/2-1117. When multiple defendants share fault, all of them are jointly and severally liable for your medical and medically related expenses. If a defendant’s share of fault is 25% or more of the total fault, that defendant is jointly and severally liable for all other damages too. This matters because it can affect how much money you actually collect, and from whom.
Common Types of Personal Injury Cases in the Springfield Area
Springfield sits at the crossroads of several major Illinois highways, including I-55, I-72, and US-36. Heavy traffic flows through the city daily. That traffic brings accidents. But car crashes are just one type of personal injury case our clients face. Here is a look at the most common types of cases that arise in and around Springfield.
Car and truck accidents are the most frequent source of personal injury claims in Illinois. Traffic crashes remain the leading cause of personal injury claims, accounting for over half of all cases. Distracted driving, speeding, and impaired driving all contribute. If you were hit by another driver on I-55 near the Stevenson Drive exit or on Veterans Parkway, you may have a strong claim.
Slip and fall accidents happen on sidewalks, in grocery stores, and in apartment buildings throughout Sangamon County. Property owners have a legal duty to keep their premises reasonably safe. When they fail, people get hurt.
Workplace injuries are another major category. Illinois workers are protected under the Workers’ Compensation Act (820 ILCS 305). The Act covers every person in the service of another under a contract of hire, including noncitizens and minors. If your injury happened on the job, you may have both a workers’ compensation claim and a separate personal injury lawsuit, depending on the circumstances.
Dog bites, medical malpractice, product liability, and wrongful death are also common. Each of these case types has its own set of rules and deadlines. That is why it is so important to speak with a qualified attorney as soon as possible after an injury. Our team also handles cases outside of Chicago. If you are in the northern suburbs, a Gurnee personal injury lawyer from our firm can help you too.
Illinois Laws That Protect Injury Victims in Springfield
Illinois has a strong set of laws designed to protect people who are hurt because of someone else’s negligence. Understanding these laws can help you know what to expect from your case.
The Illinois Wrongful Death Act (740 ILCS 180) is one of the most important. Under this law, when a person’s death is caused by a wrongful act, neglect, or default, the responsible party remains liable for damages even though the victim has died. This includes punitive damages in certain cases. The law allows the family to pursue financial compensation for their losses, even when the circumstances amount to a felony. If you lost a loved one due to someone else’s negligence near the Lincoln Home National Historic Site area or anywhere in Sangamon County, this law may apply to your case.
The Workers’ Occupational Diseases Act (820 ILCS 310) also provides important protections. Under Section 1.1, if a worker’s injury or death from an occupational disease would be barred by a period of repose, the employee, their heirs, and others with legal standing still have the right to bring a civil action. This means certain workers are not left without a remedy, even when standard timeframes have passed.
For workers whose claims fall outside the workers’ compensation system, 820 ILCS 305/1.2 confirms the right to bring civil actions, including wrongful death claims, when compensation benefits would be barred by a repose provision. These are nuanced areas of law that require careful analysis. The team at Briskman Briskman & Greenberg understands these rules and can help you figure out which legal path makes the most sense for your situation. We also serve clients in other regions, including those who need a Joliet personal injury lawyer.
The Deadline to File Your Injury Claim in Illinois
Time is one of the most important factors in any personal injury case. Illinois law sets strict deadlines for filing claims, and missing them can cost you everything. Under 735 ILCS 5/13-202, you have two years from the date your injury occurred to file a personal injury lawsuit. That clock starts ticking the day you are hurt.
Two years may seem like a long time. But think about how quickly things move when you are dealing with medical treatment, insurance adjusters, lost wages, and family stress. Before you know it, months have passed. And if you wait too long, a court will almost certainly dismiss your case, no matter how strong it is.
There are some limited exceptions to the two-year rule. For example, if the injured person is a minor, the clock does not start until they turn 18. If the defendant leaves Illinois before you can file, that time away from the state may not count toward your deadline. And in cases where an injury is not immediately obvious, the “discovery rule” may apply, starting the clock from when you knew or reasonably should have known about the injury.
Claims against government entities, such as the City of Springfield or Sangamon County, may have even shorter deadlines. You may need to file formal notice within one year of the incident under the Illinois Tort Immunity Act. Missing this step can end your case before it starts.
Do not wait to find out which deadline applies to you. Contact Briskman Briskman & Greenberg today. We also work with clients across state lines. If you need an Indianapolis personal injury lawyer, we can help there too.
What Compensation Can You Recover After a Springfield Injury?
One of the first questions injury victims ask is: “What is my case worth?” The honest answer is that it depends on the facts. Every case is different. But Illinois law allows injured people to seek several categories of compensation.
Economic damages cover the real, measurable costs of your injury. These include past and future medical bills, lost wages, reduced earning capacity, and property damage. If you needed surgery after a crash near the Abraham Lincoln Presidential Library, your medical costs alone could be significant.
Non-economic damages cover things that are harder to put a dollar amount on, like pain and suffering, emotional distress, and loss of enjoyment of life. Illinois does not cap these damages in most personal injury cases, which means the full impact of your suffering can be factored into your claim.
Punitive damages are available in certain cases where the defendant’s conduct was especially reckless or intentional. Under the Illinois Wrongful Death Act, punitive damages may also be available in wrongful death cases in appropriate circumstances.
Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally responsible for your past and future medical and medically related expenses. This is important when multiple parties share fault for your injury. It means you have a better chance of actually collecting the money you are owed.
If you or a loved one was hurt by a dog, our firm can also connect you with an Indianapolis dog bite attorney for cases in that region. And for Chicago-area cases, reach out to a Chicago personal injury attorney at Briskman Briskman & Greenberg to discuss your options. We are here to help you understand what your case may be worth and to fight for every dollar you deserve.
FAQs About Springfield Personal Injury Lawyers
How long do I have to file a personal injury lawsuit in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a lawsuit in Illinois. Missing this deadline will almost always result in your case being dismissed. Some exceptions apply, such as for minors or cases involving the discovery rule, but you should never rely on those exceptions. Contact an attorney right away to protect your rights.
What if I was partly at fault for my accident in Springfield?
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you were partly at fault, your compensation is reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $100,000, you would recover $70,000. However, if your fault exceeds 50%, you cannot recover any damages at all. This is why building a strong case with solid evidence matters so much.
Can I sue if a family member was killed in a Springfield accident?
Yes. Illinois’ Wrongful Death Act (740 ILCS 180) allows a lawsuit when a person’s death is caused by another party’s wrongful act or negligence. The personal representative of the deceased’s estate typically brings the claim. Compensation can cover funeral expenses, lost financial support, and the emotional suffering of surviving family members. Punitive damages may also be available in certain cases.
What types of damages can I recover in an Illinois personal injury case?
You can seek economic damages like medical bills, lost wages, and property damage. You can also seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless conduct, punitive damages may be available. Illinois does not cap non-economic damages in most personal injury cases, so your full losses can be presented to a jury.
Does Briskman Briskman & Greenberg handle cases outside of Chicago?
Yes. While Briskman Briskman & Greenberg is based in Chicago, the firm handles personal injury cases throughout Illinois and in other states. Whether your injury happened near the Illinois State Fairgrounds in Springfield, in Joliet, in Gurnee, or even in Indianapolis, the firm can discuss your case and help you understand your legal options. Reach out today for a free consultation.
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