O'Fallon Personal Injury Lawyer

From our Edwardsville office at 210 S. Main Street, we represent injured people throughout O’Fallon, St. Clair County, and the Metro East.

Eric Terry has practiced law in Illinois since 2004, with experience in motor vehicle accidents, workplace injuries, serious negligence claims, and wrongful death litigation.

He handled a Central Illinois daycare injury case involving a child with a traumatic brain injury that resulted in a $4 million settlement, as well as a Southern Illinois motor vehicle accident case that settled for $1.5 million.

Across personal injury, product liability, dangerous drug, and other litigation, we have helped secure more than $4.5 billion in verdicts and negotiated settlements for clients nationwide.

These results include litigation outside O’Fallon and across several practice areas, and past results do not guarantee a similar outcome.

How We Handle Personal Injury Claims

We investigate how an injury occurred, identify potentially responsible parties, and review applicable insurance policies to determine what coverage may be available.

A disputed intersection crash may require witness statements and vehicle evidence, while a fall on commercial property may require surveillance footage, incident reports, and records of earlier complaints.

We review medical records, income documentation, and anticipated treatment costs to assess the extent of a client’s losses.

When necessary, we consult medical professionals and other experts to evaluate injuries, future care needs, and long-term limitations.

When an insurer disputes liability or damages, we negotiate using the available evidence and prepare to take the case to court if a fair settlement cannot be reached.

How Much Does an O’Fallon Personal Injury Lawyer Cost?

We handle qualifying personal injury cases on a contingency fee basis, meaning our attorney fees generally depend on obtaining a settlement or court award rather than charging upfront hourly fees.

Before you retain us for legal representation, we explain the fee percentage, how litigation expenses are handled, and whether you may be responsible for particular case costs.

You can request a free case evaluation without agreeing to hire us or file a lawsuit.

The evidence and legal standards vary depending on how the injury occurred and who may be responsible.

Car, Truck, Motorcycle, and Pedestrian Accidents

We represent people injured in car accidents, truck accidents, motorcycle accidents, and collisions involving pedestrians or bicyclists.

Speeding, distracted driving, impaired driving, and failure to yield can contribute to crashes, although each claim requires evidence of fault and accident-related damages.

Commercial truck claims may also require driver logs, vehicle inspection records, and evidence concerning a motor carrier’s responsibilities.

We examine crash reports, photographs, witness statements, medical records, and insurance policies to establish fault and document the injuries and financial losses caused by a collision.

Slip and Fall and Other Premises Liability Injuries

Property owners and businesses may be liable for injuries caused by unsafe conditions when the circumstances establish an applicable duty and a failure to meet it.

Falls may involve spilled liquids, damaged flooring, unsafe stairs, poor lighting, or other hazards, while some premises liability claims involve inadequate security or unsafe property maintenance.

A claim involving a dangerous condition may depend on whether the property owner or business created the hazard or had actual or legally sufficient notice of it.

We seek photographs, surveillance footage, maintenance records, incident reports, and witness accounts to examine how long a hazard existed and what the responsible party knew.

Workplace and Construction Accidents

Injuries at work may involve workers’ compensation benefits, a separate claim against a responsible third party, or both.

Illinois workers’ compensation generally limits an employee’s ability to sue a covered employer for a qualifying workplace injury, but 820 ILCS 305/5(b) permits certain actions against other legally responsible parties.

A construction accident may involve a negligent subcontractor, unsafe equipment maintained by another company, or a defective product, depending on the facts.

We investigate which businesses controlled the work, maintained the equipment, or owed an independent legal duty, while accounting for any workers’ compensation reimbursement rights.

Dog Bites, Daycare Injuries, and Defective Products

Under the Illinois Animal Control Act, an animal owner may be liable when a dog or other animal attacks or injures someone without provocation while that person is behaving peaceably in a place they are lawfully permitted to be.

Daycare injury claims may involve inadequate supervision, unsafe equipment, or failures to protect children from foreseeable dangers, depending on the circumstances.

We also handle claims involving defective consumer products, dangerous equipment, and vehicle components when evidence supports an actionable design, manufacturing, or warning defect.

These cases do not all follow the same negligence standard, so identifying the correct basis for liability is important.

Medical Malpractice

A medical malpractice claim may arise when a healthcare professional fails to meet the applicable standard of care and that failure causes a patient’s injury.

Potential cases include surgical mistakes, delayed diagnoses, medication errors, and certain birth injuries, although an unfavorable treatment outcome alone does not establish negligence.

Illinois generally requires an affidavit and supporting medical review in healing-art malpractice litigation under 735 ILCS 5/2-622, subject to the statute’s specific provisions.

Medical negligence claims also have distinct filing rules, so we evaluate the treatment records, potential defendants, and applicable deadlines before determining how a claim may proceed.

Obtain medical care first, particularly when symptoms are serious, worsening, or not immediately apparent.

Information about an accident can disappear quickly when vehicles are repaired, video footage is overwritten, or unsafe property conditions are corrected.

If you can do so safely, take these steps:

1. Get medical attention. Have your symptoms evaluated and follow the recommendations of your treating healthcare providers.
2. Report the incident. Contact the police, property owner, business, employer, or other appropriate party, depending on where and how the injury occurred.
3. Photograph the evidence. Document the scene, damaged vehicles or equipment, visible injuries, and any unsafe conditions before they change.
4. Identify witnesses. Obtain contact information from people who saw the event or knew about the dangerous condition.
5. Keep records. Save medical bills, treatment notes, incident reports, wage statements, receipts, and insurance correspondence.
6. Review settlement documents before signing. A release may affect your right to recover additional losses, including expenses for later treatment.

Notify your own insurance company or employer when required by the relevant policy or workplace procedures.

Insurance companies sometimes make early offers before the full extent of an injury is known, leaving future treatment, lost earnings, or permanent limitations insufficiently accounted for.

We review the evidence supporting an offer and the terms of any release before helping clients decide whether to settle.

How to Obtain an O’Fallon Police Report

For incidents investigated by the O’Fallon Police Department, the Records Division lists a $5 fee for traffic accident reports obtained at the police station and $10 for other police incident reports.

The Police Department is at 285 N. Seven Hills Road, O’Fallon, IL 62269, and its posted Records Department hours are Monday through Friday, 8 a.m. to 4 p.m., with appointments available until 6 p.m., subject to staffing.

Call (618) 624-4545 before visiting to confirm the report is available and the current request procedure.

A store injury, construction accident, or other incident on private property may be documented in business or employer records instead of a police report.

Many personal injury cases settle through insurance negotiations without requiring a trial, although filing a lawsuit may be necessary when liability or damages remain disputed.

The claims process depends on the type of injury, the responsible parties, the evidence, and whether an insurer disputes the claim.

A personal injury case may involve these steps:

1. Case evaluation: We review the circumstances of the injury, applicable legal rules, likely defendants, insurance coverage, and filing deadlines.
2. Evidence collection: We obtain incident reports, witness statements, photographs, available video footage, medical records, and other documentation relevant to the claim.
3. Damage assessment: Treatment costs, lost income, permanent restrictions, and future medical needs help establish the extent of recoverable losses.
4. Settlement negotiations: We present a supported demand, address disputes involving fault and medical causation, and evaluate whether an offer provides fair compensation for documented losses.
5. Litigation when necessary: If we file a lawsuit, the legal process may involve discovery, expert opinions, and trial preparation when the dispute cannot be resolved appropriately.

Insurers may question whether an injury was pre-existing, argue that the injured person shares responsibility, or contest the need for particular medical treatment.

We examine the reasons for those disputes and the evidence supporting the claim before evaluating a settlement proposal.

We explain each settlement offer and its potential consequences, but the decision to accept or reject an offer remains yours.

Proving negligence requires evidence that another party owed a duty of care, breached that duty, and caused injuries or other legally recoverable losses.

The person bringing the claim generally has the legal burden of establishing these elements.

Other claims, including certain animal attacks and defective product injuries, may involve different legal standards.

Depending on the circumstances, responsible parties may include:

• Drivers or employers: When negligent driving causes a collision, including cases where an employee was acting within the scope of employment.
• Property owners or businesses: When an actionable dangerous condition or other breach of duty causes an injury.
• Contractors or equipment operators: When independent negligence contributes to an injury at a worksite.
• Manufacturers or sellers: When a legally actionable product defect causes or worsens an injury.
• Healthcare providers: When a breach of the applicable professional standard of care causes injury.
• Animal owners: When the requirements of Illinois animal-injury law are satisfied.

A person’s connection to the accident does not automatically establish liability, and some claims against public entities or employers are limited by statutory defenses or immunity provisions.

We investigate the parties’ responsibilities and the evidence connecting their conduct to the injury before pursuing a claim.

In Illinois, personal injury damages generally include two categories of compensation: economic damages for measurable financial losses and non-economic damages for pain, suffering, and other personal effects of an injury.

Depending on the circumstances, recoverable damages may include:

• Medical expenses: Emergency care, hospitalization, surgery, prescriptions, rehabilitation, and reasonably necessary future treatment.
• Lost wages: Income missed while recovering or attending injury-related medical appointments.
• Reduced earning capacity: Future income losses caused by lasting restrictions on a person’s ability to work.
• Property damage: Repair or replacement costs when recoverable under the applicable claim.
• Pain and suffering: Physical pain and the effect of injuries on ordinary activities.
• Emotional distress and loss of normal life: Psychological effects and restrictions on normal activities caused by the injury.
• Permanent injuries: Disability, disfigurement, scarring, and other lasting effects supported by the evidence.

The value of a claim also depends on disputed fault, future treatment needs, and the insurance available to satisfy a recovery.

Punitive damages are a separate category intended to punish particularly egregious misconduct rather than compensate injury victims, and they are not ordinarily awarded for simple negligence.

Illinois law generally prohibits punitive damages in medical malpractice cases.

What If the Injury Was Fatal?

Under the Illinois Wrongful Death Act, a qualifying wrongful death action is generally brought by the deceased person’s personal representative for the benefit of the surviving spouse and next of kin.

Recoverable wrongful death damages may include financial losses and, where applicable, grief, sorrow, and mental suffering.

A separate survival claim may also be available for certain losses that belonged to the deceased person before death, and the two claims involve different legal rules.

We represent families pursuing claims after fatal accidents and evaluate the appropriate causes of action, beneficiaries, and filing deadlines.

The law that applies depends on the type of accident, the parties involved, and the legal basis for the claim.

Illinois Comparative Fault

Under 735 ILCS 5/2-1116, a person’s damages in a qualifying negligence claim generally are reduced by their share of fault, provided that share is 50% or less.

When the injured person’s fault is more than 50%, recovery is generally barred under that provision.

For example, $100,000 in proven damages would generally be reduced to $80,000 if the injured person was found 20% responsible for the injury, before other applicable adjustments.

An insurance adjuster’s opinion about fault does not by itself establish the legal allocation of responsibility.

How Long Do You Have to File a Personal Injury Lawsuit in Illinois?

Most Illinois lawsuits seeking damages for personal injuries must be filed within two years after the cause of action accrues, often the date of the accident, under 735 ILCS 5/13-202.

Some cases against local public entities or their employees have a one-year deadline under 745 ILCS 10/8-101, with different rules for certain claims involving patient care.

Medical malpractice actions against covered healthcare providers generally must be filed within two years of when the injury was or reasonably should have been discovered, subject to a four-year outside limit and specific exceptions under 735 ILCS 5/13-212.

Claims involving minors, wrongful death, defective products, and other circumstances may have additional limitations or exceptions.

Missing the applicable filing deadline can result in dismissal even when strong evidence supports the underlying injury claim.

Exceptions and tolling rules may apply, but settlement discussions do not necessarily stop the limitations clock, so we review potential deadlines promptly.

Personal injury claims can involve short-term medical treatment, extensive rehabilitation, or lifelong limitations.

Examples of injuries that may be involved include:

• Traumatic brain injuries: Concussions and more severe brain injuries affecting memory, concentration, behavior, or movement.
• Back and spinal injuries: Herniated discs, nerve injuries, or spinal cord damage that may affect mobility and sensation.
• Broken bones and joint damage: Fractures and orthopedic injuries that may require surgery, immobilization, or physical therapy.
• Internal injuries: Organ damage or internal bleeding that may require urgent treatment.
• Burns, wounds, and amputations: Injuries that can cause scarring, disfigurement, or permanent functional limitations.
• Psychological injuries: Anxiety, trauma-related symptoms, or other documented effects of a serious accident.

We review medical records, employment documentation, and evidence of limitations on daily activities to assess the impact of an injury and any anticipated future needs.

We represent people injured in O’Fallon and throughout St. Clair County in claims involving motor vehicle collisions, unsafe property conditions, workplace incidents, dangerous products, medical negligence, and other legally actionable injuries.

We investigate the circumstances of each claim, identify responsible parties, and pursue compensation through settlement negotiations or litigation when appropriate to the evidence and Illinois law.

Call (618) 223-5657 or contact us for a free, no-obligation consultation.