Personal Injury

Personal Injury

When someone is hurt because another person or company failed to act with reasonable care, Illinois law may allow the injured person to pursue a personal injury claim. “Personal injury” is a broad term that covers everything from a rear-end collision on I-74 to a dangerous property condition in a Peoria-area store, to a medical mistake that changes a family’s life. While every case is different, the goal is the same: to make the injured person financially whole to the extent money can do so—covering medical care, lost income, and the human impact of pain, limitations, and reduced quality of life.

If you are dealing with an injury, it’s normal to feel overwhelmed. Medical appointments start piling up, work may become difficult (or impossible), and insurance adjusters may call quickly with questions or settlement offers. Understanding the basics of Illinois personal injury law—what you must prove, what damages may be available, and how deadlines work—can help you protect your health and your rights.

Types of personal injury cases we handle in Peoria and Central Illinois

Personal injury law applies to many kinds of harm-causing events. Below are some of the most common categories we see in and around Peoria.

Car accidents

Car crashes are one of the leading sources of injury claims. Even “minor” collisions can cause significant harm, including whiplash, back injuries, concussions, fractures, and aggravation of pre-existing conditions. Car accident cases often involve disputes over fault (who caused the crash), the severity of injuries, and whether treatment was reasonable and necessary.

Common causes of car accidents include distracted driving (texting, apps, in-car screens), speeding, failure to yield, tailgating, impaired driving, and unsafe lane changes. Evidence typically includes police reports, vehicle damage, photographs, witness statements, video footage, and medical records documenting the injury timeline.

Truck accidents

Collisions involving commercial trucks and semi-trailers tend to produce more severe injuries due to size and weight disparities. These cases can be more complex than standard car accident claims because multiple parties may share responsibility, including the truck driver, the trucking company, a vehicle maintenance contractor, a cargo loader, or a manufacturer of defective parts.

Truck crash investigations often focus on driver fatigue, hours-of-service compliance, driver training, speed and following distance, maintenance history, and onboard data. Early preservation of evidence—such as driver logs, electronic data, dash cameras, and inspection records—can be critical.

Slip and fall and other premises liability cases

Property owners and occupiers have duties to keep their premises reasonably safe for lawful visitors. A premises liability claim may arise from hazards like wet floors without warning signs, icy walkways, broken steps or railings, poor lighting, uneven flooring, or hazards left in aisles. These cases frequently turn on whether the property owner knew or should have known about the hazard and failed to fix it or warn of it.

Because businesses may clean up hazards quickly, documenting the scene matters. Photographs, incident reports, witness information, and prompt medical evaluation can help preserve the link between the dangerous condition and the injury.

Medical malpractice

Medical malpractice claims involve injuries caused by negligent medical care, such as failure to diagnose, surgical errors, medication errors, birth injuries, anesthesia mistakes, or inadequate monitoring. These cases are typically evidence-intensive and require careful review of medical records and, in many cases, support from qualified medical experts to address the standard of care and causation.

Malpractice cases can be emotionally and medically complicated, especially when they involve permanent impairment or wrongful death. The earlier an attorney is involved, the sooner critical records can be collected and reviewed.

Workplace injuries and third-party claims

Many workplace injuries are handled through workers’ compensation, which is generally a no-fault system. However, some on-the-job injuries also involve third-party liability. For example, a worker may be injured by a negligent driver while traveling for work, a defective machine, unsafe equipment, or a subcontractor’s negligence at a job site.

In those situations, an injured worker may have both a workers’ compensation claim and a separate third-party personal injury claim, potentially increasing total recovery beyond what workers’ compensation alone provides.

Elements of a personal injury claim in Illinois

Most personal injury cases are based on negligence. To succeed, a plaintiff generally must prove four key elements. The details vary by case type, but the structure stays consistent.

Duty

The plaintiff must show the defendant owed a duty of reasonable care under the circumstances. Drivers have a duty to operate their vehicles safely and follow traffic laws. Property owners have duties to maintain reasonably safe premises. Medical professionals have duties to treat patients in accordance with the applicable standard of care.

Breach

Next, the plaintiff must show the defendant breached that duty. Examples include running a red light, failing to repair a known hazard, or providing care that falls below professional standards. Breach can be established through witness testimony, documents, video, expert opinions, or statutory violations depending on the case.

Causation

The plaintiff must prove the breach caused the injury. Causation has two parts in practice: whether the defendant’s conduct caused the accident or harmful event, and whether that event caused the specific injuries claimed. Insurers often challenge causation by pointing to pre-existing conditions, gaps in treatment, or alternative explanations. Clear medical documentation and consistent treatment frequently make the difference here.

Damages

Finally, the plaintiff must prove damages—actual losses resulting from the injury. This includes not only medical bills, but also lost wages and the personal impact of pain, limitations, disability, and reduced enjoyment of life.

Comparative fault in Illinois

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. In plain terms, this means a plaintiff’s recovery may be reduced by the percentage of fault assigned to the plaintiff. If the plaintiff is more than 50% at fault, the plaintiff cannot recover damages from the other party.

Comparative fault is one of the most important issues in many cases because it can dramatically affect settlement value and trial outcomes. Insurance companies often raise comparative fault arguments to reduce payouts, even when their insured driver or policyholder clearly did something wrong.

Examples of comparative fault arguments include:

• In a car accident: “You stopped too suddenly,” “You were speeding,” “You changed lanes unsafely,” or “You weren’t paying attention either.”

• In a slip and fall: “You should have seen the hazard,” “You weren’t watching where you were going,” or “Your footwear caused the fall.”

• In a workplace or third-party injury: “You used the equipment incorrectly,” “You failed to follow safety rules,” or “You assumed the risk.”

Because these arguments are common, good cases are built with objective evidence—photos, video, witness statements, measurements, records, and expert analysis when appropriate—so the story is not decided solely by competing statements.

Damages in Illinois personal injury cases

“Damages” refers to the categories of compensation a plaintiff may recover. The specific damages available depend on the facts and the type of claim, but most personal injury cases include economic and non-economic components.

Economic damages

Economic damages are the financial losses tied to the injury. They typically include:

• Medical expenses, including emergency care, hospital bills, surgery, physical therapy, diagnostic testing, medications, and future recommended treatment

• Lost wages for time missed from work

• Loss of earning capacity if the injury affects long-term ability to work

• Out-of-pocket costs, such as medical equipment, travel for treatment, and home modifications when necessary

• Property damage in cases like vehicle collisions (repair or replacement value)

Non-economic damages

Non-economic damages address the human impact of injury—losses that don’t come with a neat receipt. Depending on the case, these may include:

• Pain and suffering

• Emotional distress

• Disability and disfigurement

• Loss of normal life (how the injury limits daily activities, hobbies, and independence)

Insurance companies often focus on minimizing non-economic damages, especially where injuries are “soft tissue” or not obvious on imaging. That is why consistent medical treatment and detailed documentation of limitations are so important.

Wrongful death damages

When a preventable accident results in death, surviving family members may be able to bring a wrongful death claim. These cases can involve additional categories of damages related to grief, loss of companionship, and financial support, depending on the circumstances and the applicable statutes. They also require careful coordination with any related claims, insurance policies, and estate issues.

Statute of limitations in Illinois personal injury cases

A statute of limitations is a legal deadline for filing a lawsuit. Missing the deadline can mean losing the right to recover compensation, even if liability is clear and the injuries are serious.

In Illinois, many personal injury cases must be filed within two years of the date the cause of action accrued (often the date of injury). Some cases have different or shorter deadlines depending on the type of claim and the parties involved. For example, claims involving government entities may require special notices and shorter time frames. Medical malpractice claims have their own set of timing rules and exceptions. Because deadlines can be complicated, it is safer to speak with counsel early rather than assume you have “plenty of time.”

What to do after an injury-causing accident

Your health and safety come first. At the same time, early choices can protect both your recovery and your legal claim.

Get medical care and follow up

Some injuries have delayed symptoms, especially soft tissue injuries, concussions, and internal injuries. Prompt evaluation not only protects your health but also creates a medical record linking your injuries to the event. Follow through with recommended treatment. Gaps in care are routinely used as a reason to deny or discount claims.

Document the scene and preserve evidence

If you can do so safely, take photos and video of the scene, vehicles, hazards, and visible injuries. Collect witness contact information. Keep any damaged items. Save documents such as incident reports, discharge papers, prescriptions, and work restrictions.

Be cautious with insurance statements

Insurance adjusters may ask for recorded statements quickly, sometimes before you understand your injuries. Be careful about minimizing symptoms or guessing about fault. If you are unsure, it may be wise to speak with an attorney before giving a detailed statement or signing authorizations and releases.

Why hiring a personal injury attorney matters

Some people try to handle injury claims alone, especially early on. In minor cases, that can work. But when injuries are significant, treatment is ongoing, or fault is disputed, having an attorney can change the outcome in several important ways.

Protecting evidence and building the case early

Evidence disappears quickly—surveillance video is overwritten, vehicles are repaired, witnesses become hard to locate, and electronic data can be lost. A lawyer can send preservation letters, obtain records, and coordinate investigations before key proof is gone.

Identifying all responsible parties and insurance coverage

Serious injury cases often involve more than one potential defendant or policy. Trucking cases may involve multiple companies. Workplace injuries may involve third-party defendants. A lawyer can look for all available coverage—liability policies, umbrella policies, and uninsured/underinsured motorist coverage—so compensation is not limited by incomplete information.

Documenting damages and future needs

Insurers often focus on what has already happened, but many injuries have long-term consequences. An attorney can help document future medical needs, permanent restrictions, and the real impact on work and daily life. This may involve gathering specialist opinions, therapy records, wage loss verification, and life-care planning concepts in appropriate cases.

Handling negotiation, liens, and litigation strategy

Insurance negotiations are not just about “what seems fair.” They’re often shaped by documentation, medical coding, credibility, and how a case would likely play out in a Peoria-area courtroom. A lawyer can present your claim in a structured way, respond to defense arguments, and, when necessary, file suit to compel discovery and protect deadlines.

Attorneys also help with practical issues that can reduce a client’s net recovery if mishandled, such as medical liens, subrogation claims, and reimbursement demands.

Leveling the playing field

Insurance companies handle injury claims every day and often apply strategies designed to reduce payouts. When you have counsel, communication routes through the law firm, deadlines are tracked, and the claim is supported by a plan—allowing you to focus on healing rather than fighting with adjusters.

FAQ

What types of cases qualify as “personal injury” in Illinois?

Personal injury is a broad category that can include car accidents, truck accidents, slip and falls, medical malpractice, workplace-related third-party claims, and many other situations where someone is hurt due to another party’s negligence or wrongful conduct.

How does comparative fault work in Illinois?