Fairview Heights, IL Personal Injury Lawyers
Hurt in a Crash on I-64 or Anywhere in St. Clair County? We Fight for the Injured.
- 100% Free Case Evaluation & Honest Answers
- Millions Recovered for Injured Clients Across the Metro East
- You Pay Nothing Unless We Win Your Case
Call Today for a 100% Free Case Evaluation (618) 316-7322
No Office Visits Required! We Can Come To You or Set Up a Free Virtual Consultation.
Fairview Heights Personal Injury Lawyers Who Fight for the Injured
A serious injury can change everything in a matter of seconds. One distracted driver on Route 159, one wet floor at the mall, one careless trucker merging onto I-64, and suddenly you are dealing with hospital bills, lost paychecks, and an injury that may never fully heal. The insurance company on the other side handles claims like yours every day, and its goal is to pay you as little as possible. You deserve someone in your corner who does this every day too.
Fairview Heights is where the Metro East shops. St. Clair Square, the Route 159 big-box corridor, the hotels along Ludwig Drive, and the busy MetroLink park-and-ride pull in tens of thousands of shoppers, commuters, and workers every day, and all of that traffic means crashes, falls, and other preventable injuries. When one of them happens to you, the people you are up against are out-of-town insurers and corporate retailers with lawyers of their own. The attorneys at Olson & Reeves represent injured people across St. Clair County and take cases on a contingency fee, which means you owe no attorney’s fee unless we recover money for you. The call and the case review are free. If we can help, we will tell you. If we cannot, we will point you to someone who can.
This page explains the kinds of cases we handle, the Illinois rules that govern every injury claim in this state, how compensation works, and the local hazards we see most often in and around Fairview Heights. For a deeper look at your specific type of case, follow the linked practice areas, and read the sections that follow for the law that applies to all of them. To start with the big picture, see our Southern Illinois personal injury attorneys hub.
Types of Personal Injury Cases We Handle in Fairview Heights
Personal injury law covers far more than car crashes. If another person, business, or government body caused your injury through carelessness, you may have a claim. Below are the main types of cases we handle for St. Clair County clients. Select a linked practice area for an in-depth look, then read the sections that follow for the law that applies to every injury case in Illinois.
| Practice Area | Practice Area |
|---|---|
| Car Accidents | Truck Accidents |
| Motorcycle Accidents | Slip & Fall / Premises Liability |
| Parking Lot & Pedestrian Accidents | Negligent Security & Assault |
| Traumatic Brain Injuries | Wrongful Death |
| Workers’ Compensation | Dram Shop / Bar Injuries |
| Dog Bites | Rideshare (Uber & Lyft) Accidents |
Where Injuries Happen in Fairview Heights
Most serious injuries here trace back to the same handful of places. Fairview Heights is built around retail and through-traffic, and that mix produces a steady stream of crashes, falls, and parking-lot collisions. Knowing where they happen helps explain how fault is established in a claim.
Interstate 64 and the Route 159 Interchange
Interstate 64 runs across the north side of the city and carries constant passenger and freight traffic between the St. Louis metro and points east. The interchange at Exit 12 (Route 159) and Exit 14 (Route 157 / Caseyville Road) is a known trouble spot, where merging traffic, sudden slowdowns, and heavy trucks combine. High-speed interstate crashes and semi rollovers near the Route 159 interchange are among the most severe wrecks we see, and a fully loaded truck striking a passenger car at highway speed can cause catastrophic or fatal injuries.
The Route 159 Retail Corridor
Illinois Route 159 is the city’s five-lane retail spine, lined with St. Clair Square, big-box stores, and restaurants. The constant turning, lane changing, and stop-and-go traffic make it the densest crash zone in St. Clair County, with rear-end collisions and turning-movement crashes the most common. The connectors that feed it, including Ludwig Drive, Fountains Parkway, Frank Scott Parkway, and Bunkum Road, see the same pressure during shopping hours and holiday surges around the mall.
St. Clair Square, the Big Boxes, and Their Parking Lots
As the Metro East’s retail capital, Fairview Heights produces the county’s highest volume of premises and parking-lot claims. Inside stores and the mall, wet or unmarked floors, cluttered aisles, broken handrails, escalator and entrance hazards, and poor lighting cause falls that a property owner could have prevented. Out in the lots at St. Clair Square, the Route 159 power centers, and the 898-space MetroLink park-and-ride, backing collisions, pedestrian strikes, blind corners, and ice and snow that go uncleared injure shoppers and commuters year-round. Winter is especially dangerous, when retail lots and sidewalks turn to ice and slip-and-fall injuries spike.
The Hotel Cluster and the MetroLink Station
The hotels along Ludwig Drive and Lincoln Highway near I-64 and the Fairview Heights MetroLink station, the Blue Line’s eastern terminus, are high-traffic spots with a large transient population passing through. When a hotel, parking structure, or transit lot ignores a known safety risk, such as broken lighting, missing security, or an unaddressed pattern of crime, and a guest or commuter is assaulted or hurt as a result, the property owner can be held responsible.
Older Roads, Weather, and Rural Edges
Not every hazard is in the retail district. The older two-lane segments of Old Lincoln Trail and Lincoln Highway have curves and limited sightlines that have produced head-on and crossover crashes. Morning fog and flash flooding settle into the Schoenberger Creek and Dutch Hollow low areas, and the I-64 overpasses and the ramp curves at Route 159 and Route 157 ice over before anything else. None of those conditions excuses a driver from the duty to slow down and drive safely for the situation.
The Illinois Personal Injury Legal Framework
Every injury case in Illinois runs on the same set of legal rules, whether it happened at St. Clair Square or on I-64. Understanding them helps you see how a claim works and why having a lawyer matters. Below is a plain-English guide to the framework that governs your case, from proving fault to the deadlines, the damages, and the special rules that decide what a claim is worth.
Proving Negligence
Most injury cases are built on negligence. To recover, the injured person must prove four things: that the other party owed them a duty of reasonable care, that the party breached that duty, that the breach caused the injury, and that real damages resulted. The standard of proof in a civil case is a “preponderance of the evidence,” which simply means more likely than not. That is a lower bar than the “beyond a reasonable doubt” standard from criminal cases, but it still requires solid proof on every element, which is where investigation, records, and expert testimony come in.
Comparative Negligence: The 51% Rule
Illinois uses modified comparative negligence, codified at 735 ILCS 5/2-1116. If you are found to be 50% or less at fault, you can still recover, but your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing. For example, if your damages are 200,000 dollars and you are assigned 25% of the fault, you would recover 150,000 dollars. Because shifting blame onto the injured person is one of the insurance industry’s favorite tactics, fighting an unfair fault percentage is often where a case is won or lost.
Joint and Several Liability
When more than one party is responsible, Illinois law in 735 ILCS 5/2-1117 decides who pays what. All liable defendants are jointly and severally liable for your medical expenses, meaning any one of them can be made to cover the full amount of those bills. For other damages, a defendant found less than 25% at fault pays only its own proportionate share, while a defendant found 25% or more at fault can be held responsible for all of those damages. This rule protects injured people when one defendant cannot pay or has no insurance.
Deadlines: The Statute of Limitations by Case Type
A statute of limitations is the deadline to file a lawsuit. Miss it, and the court will almost always throw the case out, no matter how strong it is. The deadline depends on the type of claim, and some are much shorter than people expect.
| Type of Claim | Deadline to File | Statute |
|---|---|---|
| General personal injury (negligence) | 2 years from the injury | 735 ILCS 5/13-202 |
| Wrongful death | 2 years from the death | 740 ILCS 180/2 |
| Medical malpractice | 2 years from discovery; 4-year outer limit | 735 ILCS 5/13-212 |
| Product liability | 2 years, with a longer repose period | 735 ILCS 5/13-213 |
| Claim against a city, county, or local government | 1 year | 745 ILCS 10/8-101 |
| Dram shop (bar/tavern liability) | 1 year | 235 ILCS 5/6-21 |
| Workers’ compensation (IWCC) | 3 years from injury, or 2 years from last payment | 820 ILCS 305/6 |
These are general rules, and important exceptions apply, which is exactly why it is risky to count days on your own. The shorter one-year deadlines for claims against a government body and against a bar are especially easy to miss.
The Discovery Rule and Statutes of Repose
Two related doctrines can change a deadline. The “discovery rule” can delay the start of the clock until the date you knew or reasonably should have known that you were injured and that the injury may have been caused by someone’s wrongful conduct. This matters most in cases like a misdiagnosis or a slowly developing condition, where the harm is not apparent right away. A “statute of repose,” by contrast, sets an absolute outer deadline that runs from the date of the negligent act regardless of when the injury is discovered. Medical malpractice has a four-year repose period, and product liability has its own repose period. Once a repose period expires, even the discovery rule usually cannot revive the claim.
Tolling for Minors and Legal Disability
When the injured person is a minor or is under a legal disability, Illinois law in 735 ILCS 5/13-211 generally pauses the limitations period until the disability is removed, for example until a child turns 18. Statutes of repose can still impose an outer limit even then, and medical malpractice has its own special rule for minors. The protection exists because a child cannot be expected to protect their own legal rights, but it should never be relied on without legal advice.
Wrongful Death Act vs. Survival Act
When someone dies, Illinois recognizes two distinct claims. A claim under the Wrongful Death Act compensates the surviving family for their own losses, such as lost financial support and the loss of the decedent’s society and companionship. A survival claim under the Probate Act, 755 ILCS 5/27-6, lets the estate recover for what the decedent personally endured before death, including conscious pain and suffering and medical bills. The two are usually brought together by the personal representative of the estate.
No Cap on Damages in Illinois
Unlike some states, Illinois does not cap the damages an injury victim can recover. The Illinois Supreme Court has struck down caps on non-economic damages, including in medical malpractice cases, holding that they violate the separation of powers in the Illinois Constitution. That means there is no statutory limit on what a jury can award for pain and suffering or other harms. A court can still reduce a verdict it finds excessive through a process called remittitur, but no across-the-board cap applies to your case.
Prejudgment Interest
Since July 1, 2021, Illinois law in 735 ILCS 5/2-1303 adds prejudgment interest of 6% per year to most personal injury and wrongful death judgments. The interest runs on the damages a plaintiff is awarded, not counting punitive damages, and is designed to discourage insurers from dragging cases out for years. A defendant can limit this exposure by making an early, reasonable settlement offer that meets the requirements of the statute. For injured people, prejudgment interest is a real reason for an insurer to settle fairly rather than drag a case out for years.
Vicarious Liability and Employer Responsibility
Often the person who directly caused an injury was working for someone else at the time. Under a doctrine called respondeat superior, an employer is generally responsible for the negligent acts its employees commit within the scope of their employment. This matters because the employer, such as a trucking company, a delivery service, or a retailer, usually carries far more insurance than an individual employee. On the Route 159 corridor and I-64, where delivery trucks and commercial fleets are constant, identifying not just the driver but the company behind them is often the key to fully covering a serious injury.
Premises Liability: A Property Owner’s Duty
Stores, malls, hotels, and parking lots have a legal duty to keep their property reasonably safe for the customers and visitors they invite in. When a business knows about a hazard, or should have known about it, and fails to fix it or warn people, it can be held responsible for the injuries that result. A spill left on a store floor, an unsalted icy entrance, a broken stair or handrail, a dark stairwell, or a known security problem can all support a claim. The injured person generally must show the owner knew or should have known of the danger and had a reasonable chance to address it, which is why prompt photos, incident reports, and surveillance footage matter so much in these cases.
Negligence Per Se: Violating a Safety Law
When a person breaks a safety law or regulation designed to protect people like the injured party, that violation can serve as evidence of negligence. Running a red light, speeding, violating a federal trucking regulation, or breaching a building or safety code are examples. The injured person still must show the violation caused the harm, but proof that the defendant broke a safety rule can significantly strengthen a case and make fault easier to establish.
The Collateral Source Rule and the Duty to Mitigate
Two more rules shape recovery. Injured people have a duty to take reasonable steps to limit their own losses, known as the duty to mitigate, which generally means following reasonable medical advice. On the other side, the collateral source rule generally prevents a defendant from reducing what it owes just because your own health insurance paid some of your bills. The wrongdoer does not get a discount for insurance you paid for, though the interplay with liens affects what you ultimately keep.
Compensation You Can Recover
The goal of an injury claim is to make the injured person whole by recovering the losses the injury caused. Illinois recognizes three broad categories of damages.
| Type of Damages | What It Covers |
|---|---|
| Economic | Medical bills, future medical care, lost wages, lost earning capacity, property damage, out-of-pocket costs |
| Non-Economic | Pain and suffering, disfigurement, loss of a normal life, emotional distress, loss of consortium |
| Punitive | Awarded only for egregious conduct, to punish the wrongdoer (limited by statute) |
Economic damages are the out-of-pocket losses that come with bills and records, including the cost of future care and the income you will lose if the injury limits your ability to work. Non-economic damages cover real harms that do not have a fixed price tag, such as chronic pain, scarring, and the inability to do the things you once enjoyed. Because Illinois places no cap on these damages, the value of a claim depends on the facts, not on an arbitrary legislative limit.
Understanding Your Insurance Coverage
In most injury cases, the money comes from an insurance policy, so understanding the coverage that may apply is important. Several types can come into play, sometimes in the same case.
- Liability coverage. The at-fault party’s policy pays for the harm they caused, up to the policy limits. Illinois requires drivers to carry minimum auto liability coverage, but those minimums are often far below what a serious injury costs.
- Uninsured and underinsured motorist coverage. This is part of your own auto policy and applies when the at-fault driver has no insurance or not enough to cover your injuries. It is one of the most overlooked sources of recovery.
- Medical payments coverage. Often called MedPay, this optional auto coverage can help pay medical bills quickly, regardless of who was at fault.
- Commercial and umbrella policies. Retailers, trucking companies, and hotels carry higher-limit commercial or umbrella coverage that can be critical in a serious case, including premises and parking-lot claims.
- Homeowner’s and renter’s insurance. These policies typically cover dog bites and many injuries that happen on a person’s property.
Finding every applicable policy, and stacking coverage where the law allows, can be the difference between a recovery that falls short and one that actually covers your losses. We investigate all available coverage rather than stopping at the first policy.
How Personal Injury Settlements Are Valued
The most common question we hear is, “What is my case worth?” There is no calculator that produces an answer, because value depends on the specific facts. The biggest factors are the severity and permanence of the injury, the total past and future medical bills, the amount of lost income and lost earning capacity, how clearly the other side is at fault, and the amount of insurance coverage available. A permanent injury that ends a career is worth far more than a sprain that fully heals, and strong, well-documented liability is worth more than a disputed claim.
One factor that surprises people is the role of liens and subrogation. If your health insurer, Medicare, Medicaid, a hospital, or a workers’ compensation carrier paid for treatment related to your injury, they often have a legal right to be reimbursed out of your settlement. A skilled attorney works to reduce these liens through negotiation and by applying the legal rules that govern them, which can put significantly more money in your pocket at the end of the case. We account for every lien and every category of harm, present and future, so a settlement reflects the full impact of the injury rather than just the bills that have already arrived.
What to Expect: The Personal Injury Claim Timeline
Every case is different, but most personal injury claims move through the same general stages. Knowing the path ahead can ease a lot of the stress.
- Investigation and treatment. We gather the police or incident report, records, photos, and witness information and work to preserve evidence, while you focus on getting medical care and reaching maximum medical improvement.
- Demand. Once your treatment and damages are clear, we send the insurer a demand package documenting liability and the full extent of your losses.
- Negotiation. Many cases settle here. We push back against lowball offers and negotiate for fair value.
- Filing suit and discovery. If the insurer will not be fair, we file a lawsuit, usually in the St. Clair County Courthouse in Belleville. Both sides then exchange information through written discovery, document requests, and depositions.
- Mediation and settlement. Most cases resolve before trial, often at a mediation where a neutral third party helps the sides reach an agreement.
- Trial. If a fair settlement is still not possible, we are prepared to present your case to a jury and let it decide.
What to Do After an Injury
The steps you take early can protect, or sink, your claim. If you are able, do the following.
- Get medical care right away. See a doctor even if you feel alright. Nearby options include HSHS St. Elizabeth’s in O’Fallon and Memorial Hospital in Belleville, both with 24-hour emergency departments. Some serious injuries do not show symptoms for hours or days, and a gap in treatment is the first thing an insurer uses against you.
- Report the incident. Call the police after a crash, tell the store or mall manager about a fall and ask for a written incident report, or notify your employer in writing about a work injury.
- Document everything. Photograph the scene, your injuries, and whatever caused the harm, such as the spill, the ice, or the damaged vehicles, and collect the names and numbers of any witnesses.
- Do not admit fault. Stick to the facts and avoid apologizing or guessing about what happened.
- Be careful with the insurance company. You are not required to give the other side a recorded statement, and you should talk to a lawyer before you do.
- Call a personal injury lawyer. The sooner counsel is involved, the more can be done to preserve evidence like store surveillance video, which is often overwritten within days.
Common Mistakes That Can Hurt Your Claim
Good cases are sometimes undermined by avoidable errors. Being aware of them helps you protect your own claim.
- Waiting to get medical treatment. A delay lets the insurer argue you were not really hurt or that something else caused your injury.
- Giving a recorded statement to the other insurer. Adjusters use these to find inconsistencies and to pin you to words that can be twisted later.
- Accepting the first offer. Early offers are usually low and often come before the full extent of an injury is known.
- Not preserving store or lot evidence. In a fall or parking-lot case, surveillance video and the incident report are critical, and they can disappear fast if no one asks the business to keep them.
- Posting about the incident on social media. Photos and posts are routinely used out of context to dispute injuries.
- Missing the deadline. The statute of limitations is unforgiving, and the shorter government and dram shop deadlines catch people off guard.
How Insurance Companies Fight Claims
It helps to remember what an insurance company actually is: a business that makes money by collecting premiums and paying out as little as possible. Adjusters are trained, professional, and often friendly, but they work to protect the company, not you. Common tactics include making a fast, low offer before you understand the severity of your injury, requesting a recorded statement they can use against you later, asking you to sign a broad medical authorization, blaming you for the incident to trigger the comparative fault rules, and arguing that your injuries were pre-existing.
When you have a lawyer, the calculus changes. An insurer knows that an experienced injury attorney understands the value of a claim, will not be rushed into a bad settlement, and is prepared to file suit and try the case. A study by the Insurance Research Council found that injury victims who hired an attorney recovered settlements substantially higher on average than those who represented themselves, even after attorney’s fees were taken into account. Representation is not about being difficult. It is about not being taken advantage of at the worst moment of your life.
Why Local Representation Matters in St. Clair County
An injury case is generally filed where the incident happened or where the parties are located, which for a Fairview Heights injury usually means the St. Clair County Courthouse at 10 Public Square in Belleville, the seat of the 20th Judicial Circuit. There is real value in working with a firm that handles cases here. Familiarity with the local courts and the procedures that move a case through them keeps things running smoothly.
Just as important, the people who sit on St. Clair County juries are members of this community. They drive the same Route 159 traffic, shop at the same stores, and know the roads and businesses where these injuries happen. A firm that presents a case honestly and clearly, grounded in places the jury recognizes, is in a stronger position than an out-of-town operation that treats your claim as a file number.
Local representation is also practical. We can come to you if your injuries make travel difficult, or set up a free virtual consultation, so getting help does not depend on driving anywhere. When you are recovering from a serious injury, that is one less thing to worry about.
Injury Statistics in Illinois and Nationwide
Serious injuries are far more common than most people realize, and the data shows how often they trace back to preventable conduct. The figures below link directly to the underlying government and research sources.
- The Illinois Department of Transportation recorded more than 300,000 traffic crashes on Illinois roads in 2024, including over 1,000 fatal crashes.
- Unintentional injuries are the number one cause of death for Americans between the ages of 1 and 44, according to the CDC’s Web-based Injury Statistics Query and Reporting System (WISQARS).
- Falls are the leading cause of injury and injury-related death among adults age 65 and older, with about 3 million older-adult emergency department visits each year, according to the CDC. Falls are also the most common cause of traumatic brain injury.
- The U.S. Bureau of Labor Statistics reported 5,283 fatal work injuries nationwide in 2023, with transportation incidents the most common fatal event.
- Per the National Highway Traffic Safety Administration, motorcyclists are roughly 27 times more likely to die in a crash, per mile traveled, than people in passenger vehicles.
Statistics never capture what a serious injury does to a single family. What they do show is that these harms are widespread and, in most cases, caused by someone’s choice to be careless.
Why Choose Olson & Reeves for Your Personal Injury Case?
- No Fee Unless We Win. We handle injury cases on a contingency fee, so you owe no attorney’s fee unless we recover compensation for you. The consultation and case review are always free.
- We Take On the Insurance Companies and the Retailers. Insurers and corporate stores try to lowball injured people and shift blame onto them. We push back hard and make them justify every position.
- We Know This Market. From the Route 159 corridor and St. Clair Square to I-64 and the St. Clair County Courthouse in Belleville, we handle cases in the places where Fairview Heights injuries happen and are filed.
- Prepared to Try Your Case. We work to settle claims fairly, but we prepare every case as if it will go to trial, which is exactly what gives an insurer a reason to pay full value.
- You Work Directly With Our Firm. From your first call to your final check, you deal directly with our firm and we keep you informed at every step.
Proven Results: Recent Personal Injury Victories
We don’t just talk a big game. We get results, and we’re ready to get results for you too. Here are some of our recent results for injured clients, including in St. Clair County:
- $250,000 Insurance Policy Limit Settlement – Our client was in a car accident in St. Clair County, Illinois. After trying to handle the case by himself for 18 months, he had an offer of $65,000 on the table. After retaining us, we settled the case within 1 month, getting the maximum policy limit of $250,000.
- $755,000 Settlement – Our client was in a car accident in Fayette County, Illinois.
- Insurance Policy Limit Settlement – Our client was involved in a motorcycle accident after a distracted driver ran into the back of his motorcycle. He suffered road rash and soft-tissue injuries, and we settled his case for the maximum insurance policy limits available.
- $110,000 Settlement – Our client was a passenger in a vehicle involved in a car accident.
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Still Not Sure? Listen To Our Former Clients!
- Matthew W. – “This firm is highly recommended!! They are professional, efficient, and polite! The firm keeps you updated step by step and explains the process clearly!! Sydney is just plain awesome!! Love these guys!”
- Heather M. – “They are amazing! I contacted them and they responded immediately! Kept me updated through the whole process! I will always recommend them and use them in the future!”
- Johnnie T. – “They were honest with us from the start and really gave us every option they could think of. They took their time and really listened to the whole story. I would highly recommend them!”
- Heather M. – “Josh was amazing! He cared about my concerns and made me feel comfortable. I cannot recommend Olson and Reeves enough for anyone needing an attorney.”
Check Out All Of Our Google Reviews Here!
Driving Directions and How to Reach Us
No Office Visits Required! We’ll Happily Come To You or Set Up a Free Virtual Consultation!
We represent injured clients throughout St. Clair County and the Metro East, including Fairview Heights, Belleville, O’Fallon, Caseyville, Swansea, and Shiloh. If you cannot travel because of your injuries, we will come to you or meet by phone or video.
Olson & Reeves
Olson & Reeves, Attorneys at Law
Phone: (618) 316-7322
If your injury case is filed locally, it will most likely be heard at the St. Clair County Courthouse, 10 Public Square, Belleville, IL 62220.
Fairview Heights Personal Injury FAQ
I slipped and fell at St. Clair Square or a Route 159 store. Do I have a case?
Possibly. A store or mall in Fairview Heights can be liable if it knew, or should have known, about a hazard like a wet floor, spilled product, or broken stair and failed to fix it or warn you. You generally must show the business had a reasonable chance to address the danger before your fall.
These cases turn on evidence that disappears quickly, especially surveillance video and the store’s incident report. Report the fall to a manager, get the report in writing, photograph what caused it, and contact a lawyer soon so the footage can be preserved before it is overwritten. Premises law is explained in more detail in the legal framework above.
I was hurt in a crash on I-64 or Route 159 in Fairview Heights. Where will my case be filed?
An injury that happens in Fairview Heights is generally handled in St. Clair County, where lawsuits are filed at the St. Clair County Courthouse, 10 Public Square in Belleville, the seat of the 20th Judicial Circuit. Most claims settle with the insurer before a suit is ever filed.
Filing in the right venue matters, and a local firm that practices in St. Clair County knows the court and its procedures. We handle the filing and every court step for you, so you can focus on recovering.
I was hit in a parking lot at the mall or a big-box store. Who is responsible?
It depends on what happened. In a parking-lot collision, the driver who backed out carelessly or failed to yield is usually at fault, just like a crash on the road. If the lot itself was unsafe, with poor lighting, blind corners, or uncleared ice, the property owner may also share responsibility for your injuries.
Fairview Heights lots at St. Clair Square, the Route 159 power centers, and the MetroLink park-and-ride are among the busiest in the county. Photos, witness names, and any lot security footage are key, and there may be more than one source of insurance, including a commercial policy on the property.
I was assaulted or injured at a Fairview Heights hotel or the MetroLink lot. Can the property owner be liable?
Sometimes. A hotel, parking structure, or transit lot can be responsible if it ignored a known safety risk, such as broken lighting, missing or inadequate security, or a documented pattern of crime, and that failure allowed a foreseeable assault or injury to occur. This is called negligent security.
These claims require showing the danger was foreseeable and that reasonable security measures were missing. Given the hotel cluster near I-64 and the high-traffic MetroLink terminus, we investigate prior incidents and the property’s security history to build the case.
How long do I have to file a personal injury claim in Illinois?
Most personal injury claims in Illinois must be filed within two years of the injury under 735 ILCS 5/13-202. But the deadline depends on the type of case. Claims against a city, county, or other local government, and dram shop claims against a bar, are limited to just one year, and medical malpractice has its own special rules.
Because some deadlines are much shorter than people expect and missing one usually ends the case, the safest step is to speak with a lawyer soon after the injury rather than waiting.
Can I still recover money if I was partly at fault?
Yes, as long as you were 50% or less at fault. Illinois uses a modified comparative negligence rule under 735 ILCS 5/2-1116. Your compensation is reduced by your percentage of fault, but if you are found more than 50% at fault, you cannot recover anything.
For example, if your damages are $100,000 and you are 20% at fault, you would recover $80,000. Insurance companies push hard to inflate your share of the blame, which is one of the most important things a lawyer fights over.
Is there a cap on pain and suffering or other damages in Illinois?
No. Illinois does not cap the damages an injury victim can recover. The Illinois Supreme Court struck down caps on non-economic damages, including in medical malpractice cases, as unconstitutional. There is no statutory limit on what a jury can award for pain and suffering.
A court can still reduce a verdict it finds excessive, but no across-the-board cap applies. The value of a claim depends on the facts of the case, not an arbitrary legislative limit.
What if the driver who hit me was in a delivery van or a semi on I-64?
That can significantly help your claim. When the at-fault driver was working within the scope of their job, the employer is generally responsible for the driver’s negligence and usually carries far more insurance than an individual would. Commercial trucks and delivery vehicles are everywhere on I-64 and the Route 159 corridor.
Trucking and delivery companies also have to follow safety regulations covering hours of service, maintenance, and cargo. Identifying the company behind the driver, and any violations, is often the key to fully covering a serious injury.
Do I have to pay anything up front to hire you?
No. We handle personal injury cases on a contingency fee, which means you pay no attorney’s fee unless we recover money for you. The case evaluation is 100% free, and there is no obligation. If we take your case, our fee comes out of the recovery at the end, not out of your pocket along the way.
This arrangement exists so that anyone who is injured can afford strong representation, regardless of their financial situation. If a claim is not worth pursuing, we will tell you that honestly.
Do I have to come to your office?
No office visits are required. If your injuries make travel difficult, we can come to you in Fairview Heights or anywhere in St. Clair County, or set up a free virtual consultation by phone or video. Getting help should not depend on being able to drive to an office.
From the first conversation through the end of your case, we make the process as convenient as possible while you focus on recovering.
Contact a Fairview Heights Personal Injury Attorney for a Free Case Evaluation
If you or someone you love was hurt by another’s negligence in Fairview Heights or anywhere in St. Clair County, do not wait while deadlines run and evidence disappears. Call Olson & Reeves for a 100% free case evaluation at (618) 316-7322. You pay nothing unless we win your case, and we can come to you or set up a free virtual consultation.