Oak Lawn Personal Injury Lawyer

After an injury, the bills and the insurance calls usually start before you know how bad it is. Oak Lawn personal injury lawyer Michael J. Brennan works from a nearby Orland Park office. He evaluates each case himself, handles every case he accepts, and talks with you directly. This page explains whether you may have a claim, the first steps, the Illinois deadlines and where an Oak Lawn case is heard.

Injury Cases Michael Handles for Oak Lawn Clients

Michael represents injured people and grieving families in Oak Lawn and across the southwest suburbs. Each of these areas has its own page or section with more detail.

• Car accidents and truck accidents
• Slip and fall and premises injuries
• Medical malpractice
• Nursing home abuse and neglect
• Pedestrian, bicycle, dog bite and other serious injuries
• Injuries on public property, such as sidewalks and parks
• Workplace injuries caused by someone other than your employer
• Wrongful death claims for families who lost someone

You can see the full list on the practice areas page.

Do You Have a Personal Injury Claim?

Not every injury leads to a claim. Illinois courts give juries Illinois Pattern Jury Instructions (IPI) in injury trials. The issues instruction for negligence cases (IPI Civil 20.01) frames three questions.

• Was someone negligent? In plain terms, someone failed to act with reasonable care. A driver ran a red light. A store left a spill on the floor for hours.
• Were you injured? You need a real injury and real losses, such as medical bills, missed work or lasting pain.
• Did the negligence cause the injury? Illinois calls this proximate cause. The pattern instruction (IPI Civil 15.01) can tell a jury that the negligence need not be the only cause.

You carry the burden of proof. The burden-of-proof instruction (IPI Civil 21.01) asks whether each point is “more probably true than not true.”

Evidence links the three questions together. Photos and witness accounts show what the other person did. Medical records show the injury. A doctor’s notes, and the timing of your symptoms, help connect the two. Your own share of fault does not automatically end the claim, as the fault section below explains.

How Fault Works in Illinois

Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116. A person who is more than 50% at fault cannot recover damages. A person who is 50% or less at fault recovers damages reduced by that share.

Insurers raise fault early. They look for anything that moves a percentage onto you, such as speed, phone use, a missed warning sign or a hazard you could have seen. Police reports, photos and witness accounts help show what really happened.

What to Do in the First Days After an Injury in Oak Lawn

What you do early shapes what you can prove later. These four steps matter most.

At the scene, stick to facts. Do not apologize and do not guess about fault. Exchange insurance information, and let the police and the evidence explain what happened.

Treatment, Records and Social Media Cautions

Wherever you are treated, the medical records become the backbone of your claim.

Follow your doctor’s treatment plan and attend every appointment. A gap in treatment gives an insurer room to argue that you recovered or were never hurt that badly. Keep every bill and every note about your symptoms.

Keep a simple journal as well. Note your pain level, the tasks you cannot do and the events you miss. These notes help show how the injury changed your daily life, months after details fade.

Be careful with social media. Insurers search public profiles. A photo of you carrying groceries or smiling at a family event can be used to argue that your injury is minor. Keep your accounts private and post little about the incident or your recovery. Do not delete existing posts, because removing content after an injury can create its own problems. Ask Michael first.

Dealing With Insurance Companies and Settlement Offers

When the Insurance Company Calls

The other side’s insurer, usually the other driver’s insurer after a crash, will probably call within days. The adjuster sounds friendly and asks for a recorded statement. You are not required to give one to the other side’s insurer.

Adjusters ask about your pain, your past medical history and exactly how the crash happened. A casual answer can later be quoted against you. If the adjuster asks about an old injury, read Michael’s guide on pre-existing conditions and Illinois injury claims. An old condition does not end a claim.

Quick settlement offers deserve extra care. An early offer often arrives before you know the full cost of treatment. Signing a release generally closes the claim for good, even if your injuries turn out to be worse than they first seemed. Read any release before you sign, and keep every letter the insurer sends.

How Much Coverage the Other Driver May Have

Illinois sets minimum auto liability limits in the Illinois Compiled Statutes (ILCS), at 625 ILCS 5/7-203. For policies issued or renewed since January 1, 2015, the minimums are:

• $25,000 for injury to one person
• $50,000 for injury to two or more people in one crash
• $20,000 for property damage

These are only minimums. A serious injury can cost more than a minimum policy pays. That is why Michael looks for every policy that may apply, including coverage in your own auto policy. Bring your declarations page to your evaluation.

When to Talk to a Lawyer After an Oak Lawn Accident

Not every accident needs a lawyer. If no one was hurt and the insurer is paying fairly for repairs, you may be able to handle the claim yourself.

A conversation with a lawyer makes more sense when one of these applies:

• Your injury needs ongoing treatment, surgery or time off work.
• The insurer disputes fault or says you caused the crash.
• The insurer delays, denies the claim or offers a release early.
• A truck, a business, a village or another public body is involved.
• A child was hurt, or someone died.
• The deadline is getting close.

Not sure whether your injury calls for a lawyer, or whether an offer is fair? Ask Michael to look at your situation before you reply to the insurer.

Illinois Filing Deadlines at a Glance

Under 735 ILCS 5/13-202, most Illinois injury lawsuits must be filed within two years of the injury. The deadline depends on who is responsible and who was hurt. The table shows the main rules for injury claims. Property damage claims, such as vehicle repairs, generally have five years (735 ILCS 5/13-205), but a claim against a local public body generally has one year (745 ILCS 10/8-101). Missing a deadline can end a claim, whatever the facts.

Two rows need extra care. Under 735 ILCS 5/13-211, an injured child generally has until two years after turning 18, but evidence still fades, so families should not wait. Under 740 ILCS 180/2, only the personal representative can bring a wrongful death claim, so the family should decide early who will serve in that role.

Exceptions exist in each row. For example, patient-care claims against a public hospital or clinic follow a different rule from other local public body claims. Under 735 ILCS 5/13-212, a medical malpractice claim generally must be filed within two years after the patient knew or should have known of the injury, and no more than four years after the act or omission. Treat the table as a starting point, not a final answer. Michael’s medical malpractice page explains these claims.

Car and Truck Accident Claims in Oak Lawn

Michael reviews the police report, photographs, medical records, witness accounts and any available video to determine how the collision happened. In a car or truck case, he looks for:

• The police report and the names of every driver, owner and witness
• Photos of the vehicles, the road and the traffic signals
• Video from nearby businesses, homes and dashboard cameras
• Every insurance policy that may apply, including your own
• Medical records that show when your symptoms began

Whiplash, back pain and head injuries often develop slowly after a crash. Michael’s guide to what a car accident does to your body explains why symptoms can appear later.

Insurers sometimes point out that an injured person was not wearing a seat belt. Under 625 ILCS 5/12-603.1, failing to wear one generally is not evidence of negligence and does not reduce a recovery in a motor vehicle case.

Collisions with commercial vehicles raise added questions about the driver, the company and the truck’s maintenance. The truck accident page covers those claims.

Slip and Fall and Premises Injuries in Oak Lawn

A fall in a store, a parking lot, an apartment building or a restaurant can cause serious injuries, such as broken bones and head trauma.

The Premises Liability Act (740 ILCS 130/2) says an owner owes lawful visitors “reasonable care under the circumstances regarding the state of the premises.” A fall alone does not prove the owner failed that duty. Illinois courts also limit the duty for hazards that are open and obvious, though exceptions exist and the question often turns on the facts. The evidence has to show what went wrong.

Michael looks for:

• Who owned, managed or maintained the property
• How long the hazard was there, and whether staff knew about it
• Inspection, cleaning and repair records
• Store video and the incident report
• Witnesses who saw the hazard or the fall

Snow and ice falls follow their own rule. Illinois owners generally are not liable for a natural accumulation of snow or ice. In Kasper v. McGill Management Inc., 2019 IL App (1st) 181204, the court described the unnatural-accumulation exception, which can apply when an owner caused or made worse the ice. The injured person generally must show what made the accumulation unnatural, such as a leaking downspout or poor drainage. The plaintiff in Kasper lost for lack of that proof. These cases turn closely on their facts.

Report the fall to the manager or owner and ask that an incident report be written. Ask for a copy. Photograph the exact spot, including the lighting, the floor surface and anything that was spilled, broken or missing. Keep the shoes you wore. Michael’s slip and fall page explains these claims in more detail.

Injuries on Public Property in Oak Lawn

A fall on a cracked village sidewalk or an injury at a park district facility often involves a local public body. A fall at a public school may involve a public body too. These claims have their own rules, and the deadline is generally one year, half the usual time.

Timing is not the only difference. Under 745 ILCS 10/3-102, a local public body must use ordinary care to keep its property reasonably safe for the people it intended and permitted to use it. Even then, it generally is not liable unless it had actual or constructive notice of the dangerous condition in time to fix it. Constructive notice means it should have known.

Parks and playgrounds carry a further hurdle. Under 745 ILCS 10/3-106, when an injury is caused by a condition of public property used for recreation, the public body generally is liable only for willful and wanton conduct. That is a higher standard than ordinary carelessness.

Because notice is often the key issue, look for proof that the hazard existed before your fall. Earlier complaints, repair requests and photos from neighbors can help. Other public bodies can follow different notice procedures, so call quickly. Michael can confirm which rules apply.

Other Injury Claims Michael Handles

These claims have their own rules and evidence. Each of the sections below explains what matters first.

Pedestrians and Cyclists

A person on foot or on a bicycle has little protection in a crash. The injuries are often severe. Michael looks at where the crash happened, the traffic signals and crosswalk markings, the lighting, and the driver’s view.

Video matters here too. Businesses near the scene may have cameras pointed at the street. Keep your damaged bicycle, helmet and clothing as they are. They can show how the impact happened.

Dog Bites

Get medical care first, because bites can become infected. Then get the owner’s name and address, and ask about the dog’s vaccination records. Report the bite to the local animal control authority or the police.

Illinois has a statute for dog attacks. Under the Animal Control Act (510 ILCS 5/16), an owner is liable for the full amount of the injury proximately caused when a dog attacks or injures a person without provocation. The person must have been peaceably conducting himself or herself in a place where he or she could lawfully be.

Photograph the wounds as they heal, including any scars. Save the names of anyone who saw the attack. Michael looks for the owner’s insurance coverage and any earlier reports about the dog.

Medical Malpractice

A bad outcome alone does not prove malpractice. These claims follow a separate deadline, shown in the table above. Under 735 ILCS 5/2-622, the complaint generally must also include an affidavit and a health professional’s written report. Michael’s medical malpractice page explains these claims.

Nursing Home Abuse and Neglect

Families often notice the first signs, such as unexplained injuries, bedsores, weight loss or a sudden change in mood. Write down what you see, with dates, and photograph injuries when you can. Michael’s nursing home abuse page explains what to do next.

Injured at Work by Someone Else

If a contractor, a property owner or an equipment maker caused your injury at work, you may have a separate personal injury claim against that party. Under 820 ILCS 305/5(b), your employer may have a lien on that recovery. Michael can explain how the two fit together.

Wrongful Death and Survival Claims

When negligence causes a death, Illinois law allows two kinds of claims. They cover different losses.

• Wrongful death. This claim seeks compensation for the family’s own losses. The surviving spouse and next of kin may recover for those losses.
• Survival claim. Under the Survival Act (755 ILCS 5/27-6), a personal injury claim the person had before death can continue. It generally covers the losses the person had from the injury before death.

Families can help by gathering medical records, bills and the names of everyone who cared for the person. Michael explains each step to the family.

What Compensation Can Cover

Illinois law lets an injured person seek compensation for the losses the injury caused. The damages instructions (IPI Civil 30.00) let a jury consider each of these, but only when the evidence supports it. Michael documents each category carefully, because the insurer will challenge each one.

No lawyer can promise an amount, and each case turns on its own facts. What a claim is worth depends on the injury, the evidence, the available insurance and any share of fault.

How an Injury Case Moves From Evaluation to Resolution

An insurance claim and a lawsuit are different. A claim is a request to an insurer, which can pay, offer less or deny it. A lawsuit is a case filed in court, where a judge or jury can decide it. Many cases start as claims, and some become lawsuits.

Most cases follow the same general path:

• Evaluation. You tell Michael what happened. He reviews the documents you have and explains whether he can help.
• Investigation. Michael collects the police report, medical records, bills and witness accounts. He also looks for video and other evidence.
• Claim presentation. When your treatment shows the full picture, Michael presents the claim to the insurer.
• Negotiation. Michael negotiates with the insurer and explains each offer to you. You decide whether to accept.
• Lawsuit. If the claim does not resolve, Michael can file suit in the proper court and prepare the case for hearing or trial.

These steps do not always happen in that order. The filing deadline keeps running while you treat and while the insurer negotiates. If the deadline is near, Michael may need to file suit before treatment ends or talks finish. Negotiation can continue after a suit is filed.

Michael cannot predict how long your case will take. Several things affect the pace:

• How long your medical treatment lasts
• Whether fault is disputed
• How many people and insurers are involved
• How quickly the insurer responds
• The court’s schedule, if a suit is filed

The decision to settle is always yours. Michael gives you his honest assessment of each offer so you can make it.

Where an Oak Lawn Injury Case Is Heard

The Circuit Court of Cook County serves Oak Lawn through its Fifth Municipal District. The courthouse is at 10220 S. 76th Avenue in Bridgeview.

Arbitration is a less formal hearing than a trial. An arbitration award is not necessarily the end of the case, but the time to reject an award is short. Ask Michael right away about your options after an award.

Where a particular suit is filed also depends on venue rules, such as where the defendant lives and where the injury happened. Michael chooses the right court when he prepares the case.

How Michael Works With Oak Lawn Clients

Michael is a solo attorney, so you deal with him directly throughout your case.

Before private practice, Michael served as an Assistant State’s Attorney in Cook County. That work built his skills in evaluating evidence, questioning witnesses, preparing a case and presenting facts clearly. You can read more on his biography page.

Oak Lawn Injury Claim Questions