2025 Elite LawyerAfter an injury, you may be balancing treatment, missed work and calls from insurers. Burbank personal injury lawyer Michael J. Brennan reviews what happened and explains the legal options the evidence supports. Based in Orland Park, he personally evaluates prospective matters and handles every accepted case from start to finish, with direct communication throughout.
Key Takeaways
- Illinois generally requires a personal injury lawsuit to be filed within two years of the injury, with different rules for minors, wrongful-death claims, and claims against a government entity.
- Illinois follows a modified comparative fault rule: a person whose own fault is more than 50% of the total fault cannot recover, and any recovery below that line is reduced by the person’s share of fault.
- The Fifth Municipal District serves Burbank; the division and courthouse for an injury case depend on the claim and applicable venue rules.
- Medical malpractice claims in Illinois require a supporting affidavit and a health professional’s written report, generally filed with the complaint (with a limited 90-day extension available for the report in certain circumstances).
- Michael J. Brennan handles each matter personally on a contingency fee, with no upfront cost to the client.
Burbank sits in Stickney Township, Cook County, less than two miles south of Chicago Midway International Airport — part of the city is still crossed by the historic route known as State Road, alongside corridors like Cicero Avenue, 79th Street, and Harlem Avenue. The Fifth Municipal District at Bridgeview serves Burbank. Its municipal civil cases include claims seeking up to $100,000, and Law Division cases seeking more can also be heard at suburban courthouses. The appropriate division and courthouse depend on the claim and the applicable venue and transfer rules.
How Illinois Law Decides Fault, Deadlines, and Compensation
Before discussing specific accident types, it helps to understand two rules that affect almost every Illinois personal injury claim: how long you have to file, and how your own conduct can affect what you recover.
Under the Illinois Compiled Statutes (ILCS) — specifically 735 ILCS 5/13-202 — most Illinois personal injury claims must generally be filed within two years of the date of the injury. That deadline shifts in several recognized situations — a minor’s claim generally runs from a later date tied to turning 18 under 735 ILCS 5/13-211, a wrongful-death claim generally runs from the date of death under 740 ILCS 180/2, a claim against a local government entity such as a municipality or park district is generally subject to a shorter one-year filing period under 745 ILCS 10/8-101 of the Tort Immunity Act — a filing deadline, not a separate pre-suit notice step, since the Act’s earlier notice-of-claim provision was repealed in 1986 — and a medical malpractice claim can run from the date the injury was discovered or reasonably should have been discovered, subject to an outer limit, under 735 ILCS 5/13-212 (a minor’s medical malpractice claim is instead governed by 735 ILCS 5/13-212(b), which has its own outer limit). A personal injury action against the Chicago Transit Authority generally must be filed within one year after the claim accrues under 70 ILCS 3605/41. Public Act 96-12 removed that section’s former six-month written-notice requirement for causes of action accruing on or after June 1, 2009. Different public bodies can follow different statutes, so the responsible entity and the applicable deadline should be identified promptly. These are general rules, and which one applies depends on the facts of a specific claim.
| Situation | General Illinois Rule | Statute |
|---|---|---|
| Standard personal injury claim | 2 years from the date of injury | 735 ILCS 5/13-202 |
| Wrongful death claim | Generally 2 years from the date of death | 740 ILCS 180/2 |
| Claim against a local government entity | Generally 1 year from the date of injury (a filing deadline, not a separate pre-suit notice step) | 745 ILCS 10/8-101 |
| Claim against a transit agency (e.g., the CTA) | Generally 1 year after the claim accrues; the former six-month notice requirement was removed for claims accruing on or after June 1, 2009 | 70 ILCS 3605/41 |
| Medical malpractice | Generally runs from discovery of the injury, subject to an outer limit (a separate outer limit applies to a minor’s claim) | 735 ILCS 5/13-212; 735 ILCS 5/13-212(b) for a minor’s claim |
| Injured minor | Additional time generally runs from a later date tied to turning 18 | 735 ILCS 5/13-211 |
Illinois also applies a modified comparative fault rule under 735 ILCS 5/2-1116. Under that statute, a person whose contributory fault exceeds 50% of the proximate cause of their own injury is barred from recovering damages. A person whose fault is 50% or less can still recover, but the award is reduced in proportion to their share of fault — for example, a driver found 20% at fault who would otherwise recover $50,000 would see that amount reduced by 20%. Insurance adjusters routinely raise comparative fault early in a claim, often before all the evidence has been gathered, which is one reason an early, careful review of the available evidence matters. For questions about an earlier injury or health condition, see how pre-existing conditions can affect an Illinois injury claim.
Personal Injury Cases Michael Handles for Burbank Clients
Michael represents injured people and families across the southwest suburbs, including Burbank, in the following areas.
Car and Truck Accidents
Crash reports, insurance claims, and fault disputes on corridors like Cicero Avenue, 79th Street, and Harlem Avenue.
Slip and Fall and Premises Liability
Injuries tied to a dangerous property condition, including notice and documentation issues.
Nursing Home Abuse and Elder Neglect
Claims involving a resident’s care, records, and the facility’s responsibilities under Illinois law.
Medical Malpractice
Claims where medical treatment may have fallen below the accepted standard of care.
Serious Injuries and Wrongful Death
Spinal cord, traumatic brain, burn, and fracture injuries, and claims brought by surviving family members after a fatal injury.
Pedestrian, Train, Boat, and Workplace Accidents
Injuries involving a pedestrian, train, or watercraft collision, and third-party claims from a construction or workplace injury.
Pedestrian, Train, Boat, Construction, and Workplace Injuries
Beyond the areas above, Michael’s practice also covers pedestrian, train, and boat accidents, and construction-related injuries. For a workplace injury, Michael does not handle workers’ compensation claims; however, if the injury was caused by a third party — such as a contractor, property owner, or equipment manufacturer — a separate personal injury claim may be available alongside a workers’ compensation claim. When workers’ compensation benefits are paid, the employer or its insurer generally holds a lien against that third-party recovery for compensation paid or to be paid, under 820 ILCS 305/5(b), so the two claims typically interact rather than simply substitute for one another.
Car and Truck Accidents in Burbank and the Southwest Suburbs
A car or truck accident claim generally depends on establishing how the collision happened and documenting how the injuries affected the client. Michael reviews crash reports, medical records, witness accounts, photographs, and available video to determine how a collision occurred and how it affected the people involved. Burbank’s proximity to Midway Airport means commercial trucking and airport-related traffic are a real factor on corridors such as Cicero Avenue and 79th Street, which can complicate fault disputes when a commercial vehicle is involved. Illinois’s comparative fault rule, discussed above, often becomes central to these claims once an insurer disputes who was at fault. See Michael’s car accident practice page for more on how these claims are evaluated. For more on injuries and delayed symptoms, read what a car accident can do to your body.
Slip and Fall and Premises Liability Claims
A slip-and-fall or other premises-liability claim generally depends on whether a property owner knew, or reasonably should have known, about a dangerous condition and failed to address it within a reasonable time. Liability is not automatic simply because an injury occurred on someone else’s property. Michael documents the condition, the property owner’s knowledge or notice, and the resulting injury, since each of these elements is fact-dependent and can be disputed by the property owner’s insurer.
Nursing Home Abuse and Elder Neglect
Families often receive an incomplete explanation after a nursing-home resident is injured. Illinois’s Nursing Home Care Act (210 ILCS 45) gives a resident an express right to sue a facility’s owner or licensee for injury caused by the negligent or intentional acts of the facility’s agents or employees, and that right generally cannot be waived by contract — though the Illinois Supreme Court has held that the Federal Arbitration Act preempts that protection as applied to a nursing home’s arbitration agreement (Carter v. SSC Odin Operating Co., LLC, 237 Ill. 2d 30 (2010)). In a later ruling in the same litigation, the court held that a resident’s own claims accruing during their lifetime could be sent to arbitration under such an agreement, but a separate wrongful-death claim brought by the resident’s survivors was not controlled by it (Carter v. SSC Odin Operating Co., LLC, 2012 IL 113204). A low facility rating or a past licensing citation is a warning sign, not proof that a specific resident’s injury was caused by neglect — care records, incident reports, and staffing information are generally needed to clarify what actually happened in an individual case. Michael reviews those records as part of evaluating whether a claim exists; see Michael’s nursing home abuse page for a closer look at this process.
Medical Malpractice Claims
A severe medical outcome alone does not establish malpractice. Illinois law requires that a medical malpractice claim be supported by an affidavit certifying that the claim has a reasonable and meritorious basis, backed by a written report from a qualified health professional who has reviewed the relevant medical records (735 ILCS 5/2-622). The affidavit and report are generally filed with the complaint, though the statute allows the supporting report to follow within 90 days in certain circumstances. This affidavit-and-report requirement makes early medical-record review especially important in a potential malpractice case. A separate provision, 735 ILCS 5/13-212(b), generally extends the filing period for a minor’s medical malpractice claim, subject to its own outer limit. Michael evaluates whether the facts and the available medical records support that standard before a malpractice claim moves forward; Michael’s medical malpractice page covers this in more depth.
If an insurer has already raised a comparative-fault argument or disputed your medical treatment, it helps to have that specific issue reviewed before you respond.
Serious and Catastrophic Injuries
Spinal cord injuries, traumatic brain injuries, severe burns, and significant fractures often involve extended treatment, future care needs, and a long recovery period. A serious injury from a Burbank-area accident is often treated at Advocate Christ Medical Center in Oak Lawn, which Advocate’s own emergency-services materials and the American Medical Association’s (AMA’s) FREIDA institutional database identify as a Level I trauma center — the highest trauma designation Illinois recognizes — or at MacNeal Hospital in Berwyn, a Level II trauma center. Working with medical records and billing documentation from hospitals like these is a routine part of preparing a Burbank client’s catastrophic-injury claim. For more on this topic, see Michael’s guide to traumatic brain injury claims in Illinois.
Wrongful Death Claims
A wrongful-death claim allows certain surviving family members to pursue compensation when a fatal injury was caused by another party’s wrongful conduct. These claims involve real grief alongside financial disruption, and the goal of this kind of claim is documented accountability for what happened. Michael approaches a wrongful-death matter with the same evidence-first process used in any serious personal injury claim, while recognizing that a grieving family’s first priority is rarely the legal process itself.
Why Burbank Families Choose Michael J. Brennan
Before entering private practice, Michael served as an Assistant State’s Attorney in Cook County. That experience continues to inform how he evaluates evidence, questions witnesses, and presents a case. Those skills help in building a personal injury claim, but they do not guarantee the outcome of any particular case. Michael personally evaluates each prospective matter and personally handles every case he accepts; clients communicate directly with him rather than being passed between an intake coordinator and a case manager. Read more about Michael’s background or see the full list of practice areas he handles.
- Direct contact with the attorney actually handling the claim
- Honest guidance on the realistic options for the matter
- A focus on serious injury claims rather than high-volume case processing
- Attention to how a Burbank client’s treatment at Advocate Christ, MacNeal, or another area hospital connects to the long-term medical and financial picture
- A contingency fee arrangement — no upfront cost to the client
How long do I have to file a personal injury claim in Illinois?
In most cases, Illinois law requires a personal injury lawsuit to be filed within two years of the date of the injury under 735 ILCS 5/13-202. Different timing can apply to claims involving a minor, a wrongful death, a government entity, or a medical malpractice claim subject to the discovery rule. Because the applicable deadline depends on the type of claim, it is worth having the specific facts reviewed rather than relying on a general rule alone.
What happens if I was partly at fault for my accident?
Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116. If your own fault is 50% or less, you can still recover compensation, but the amount is reduced by your percentage of fault. If your fault is found to be more than 50%, recovery is barred. Insurers frequently raise comparative fault early, which is one reason a documented, fact-based review of how the incident happened matters.
Where will my Burbank personal injury case actually be heard?
The Fifth Municipal District at Bridgeview serves Burbank and hears municipal civil suits seeking up to $100,000. Law Division injury cases seeking more may also be heard at a suburban courthouse. Filing location depends on the claim, the parties and the court’s venue and transfer rules; a Burbank address alone does not settle that question.
Does Michael handle nursing home abuse cases involving Burbank-area facilities?
Yes. Illinois’s Nursing Home Care Act gives a resident an express right to sue a facility’s owner or licensee for injury caused by the negligent or intentional acts of the facility’s staff. A low rating or a past citation is a warning sign, not proof of what happened to a specific resident — care records, incident reports, and staffing information generally need to be reviewed to clarify the facts of an individual case.
What does Illinois require before filing a medical malpractice claim?
Illinois law requires a plaintiff in a medical malpractice case to file an affidavit certifying that the claim has a reasonable and meritorious basis, generally along with a written report from a qualified health professional who reviewed the relevant medical records (735 ILCS 5/2-622); the statute allows the report to follow within 90 days in certain circumstances. A severe medical outcome alone is not enough to establish malpractice; the facts have to show that the care fell below the accepted standard.
What does it cost to work with Michael J. Brennan?
Michael handles personal injury matters on a contingency fee, meaning there is no upfront attorney fee, and attorney fees are collected only if compensation is recovered. The free case evaluation is the first step to discuss what happened and whether a claim may be available.
What should I do after an accident in Burbank to protect my claim?
Seek appropriate medical treatment, and where possible, document the scene with photographs, obtain contact information for any witnesses, and keep records of medical treatment and related expenses. Surveillance footage and some maintenance or incident-report records are not preserved indefinitely, so an early review of what evidence may still be available can matter.
Which hospitals treat serious injuries from Burbank-area accidents?
Serious injuries from Burbank-area accidents are often treated at Advocate Christ Medical Center in Oak Lawn, a Level I trauma center, or at MacNeal Hospital in Berwyn, a Level II trauma center. Medical records and billing documentation from hospitals like these are routinely part of preparing a serious-injury claim.
Schedule a Free Case Evaluation
If you or a family member were injured in Burbank, Michael J. Brennan can review what happened, explain the options available under Illinois law, and discuss the evidence that may matter in your situation. The case evaluation is free, and Michael handles accepted matters on a contingency fee, with no upfront cost to the client.
Schedule a free case evaluation with Michael J. Brennan to discuss what happened and the next steps that may apply. Call (708) 460-9300 or use the contact form below.