Personal Injury Lawyer  O’Fallon

Hipskind & McAninch, LLC represents individuals in O’Fallon and the surrounding areas who have been injured due to another party’s negligence. As trusted O’Fallon personal injury attorneys, our legal team works on a contingency basis, which means that you don’t have to pay out of pocket for our professional legal advice, and you can rely on experienced O’Fallon personal injury attorneys to advocate for your rights.

If you’re considering personal injury claims, we recognize the fact that you’re dealing with mounting medical bills, lost wages, and other expenses. A trusted personal injury lawyer O’Fallon residents rely on can help you receive fair compensation for all of your expenses and more. Call today for a free consultation and immediate representation.

Types of Personal Injury Cases

We represent individuals who have been involved in all manners of accidents. Here are some of the most common cases we handle:

• Car accidents – car vs. car accidents are among the most common types of roadway collisions.
• Truck accidents – Commercial trucks represent a substantial danger to other motorists because of their size and cargo. Truck accidents present unique legal challenges for injury law firms because of the laws that influence these types of cases. Dealing with the complexities and meeting the legal burden of proof requires experienced legal representation, often necessitating the skill of a dedicated trial attorney to achieve a favorable outcome.
• Motorcycle accidents – Because of their smaller frames and the high speeds at which they travel, these kinds of motor vehicle accidents are often the most dangerous of all types of auto accidents, frequently causing severe injury and resulting in significant emotional distress. Illinois is one of the only three states in the country that doesn’t have helmet laws, affecting the severity of injuries in cases where riders have chosen to exercise their right not to wear helmets. To handle these complex cases, you need a law firm with a proven track record of success.

• Premises Liability (Slip and Fall) – According to the National Floor Safety Institute, over a million slip and fall accident victims end up in the emergency room. However, this area of the law covers many more types of accidents.
• Medical Malpractice – Medical malpractice is accountable for thousands of injuries every year in the state of Illinois. If you believe you’re the victim of medical malpractice, seek personal injury representation immediately.
• Product Liability – Product manufacturers have a responsibility to ensure that the goods they make and sell are safe for consumers. If you’ve been hurt by a defective product, contact a personal injury attorney today.
• Wrongful Death – If your spouse, child, parent, or other relation was killed either intentionally or by accident, you might have grounds for a personal injury lawsuit. Wrongful death claims are unique under personal injury law since they are essentially a type of injury claim brought on behalf of the deceased. Unlike typical injury victims, the surviving family members are the ones who file the suit, and elements like loss of consortium and the pain and suffering of the surviving family members factor into the compensation.
• Workers’ Compensation – Under Illinois workers’ compensation law, your injuries do not have to be the result of employer negligence for you to file a claim. If you are injured at work, your personal injury lawyer can ensure you get full compensation for your workers’ compensation claim. The following chart shows some of the most common workers’ compensation claims.

Personal Injury Damages

Illinois categorizes three different types of damages for personal injury cases.

Economic Damages

If you’re injured in an accident, you’re entitled to damages for all of your medical bills, lost wages, property damage, and other costs related to your injuries loss. To ensure you recover everything you are owed, you should consult an experienced O’Fallon personal injury lawyer. They will help you seek damages for anticipated future medical expenses, diminished earning capacity, and more.

Non-Economic Damages

Receiving reimbursement for your injuries does not stop with being paid for your monetary losses (or financial harm). Pain and suffering damages cover your emotional anguish, physical pain, and other unpleasant outcomes that result from your serious injury but don’t have a direct financial cost tied to them. If the insurance company refuses to offer a fair settlement for these damages, experienced trial lawyers may be needed to present your case to a jury.

Punitive Damages

These damages are only awarded in legal proceedings when personal injury attorneys can show that the negligence was egregious or the act was intentional. Illinois law caps maximum compensation for punitive damages at three times the amount of economic damages.

Illinois State Law and Personal Injury

The laws governing personal injury claims vary from state to state. Because of our location, our personal injury lawyers represent clients in both Illinois and Missouri. However, the laws are different. The following information applies to Illinois only.

Statute of Limitations

The statute of limitations for different types of claims is as follows:

• General personal injury – Two years from the date of injury.
• Medical Malpractice – Two years from when the plaintiff knew or should have known of the injury.
• Wrongful Death – Personal injury lawsuits must be brought within two years of the date of death (as opposed to the date of the accident).

Even if you don’t intend to sue the responsible party, the statute of limitations is important since the insurance company is not likely to pay once the threat of a lawsuit is gone.

Modified Comparative Negligence

Under Illinois Law, personal injury victims are able to recover damages if they are partially responsible for the accident. However, their personal injury attorney must be able to show that they were less than 50% at fault for their damages. If the victim is 50% or more responsible, they cannot collect on a personal injury claim.

Why Do I Need an Injury Lawyer?

While you can file a claim without the assistance of a personal injury lawyer, it’s unlikely that you will fare as well. Most initial settlement offers fall far short of what you are entitled to if you were to use an OFallon personal injury lawyer to settle your claim.

A personal injury attorney will do the following:

• Review your medical records and any other reports associated with your injuries
• Calculate all economic and non-economic damages and determine the likelihood of punitive damages
• Subpoena and depose all witnesses
• Review all discovery evidence from opposing counsel
• Draft a demand letter for damages
• File a personal injury lawsuit in the court of jurisdiction
• Contract expert witnesses to contribute to your case
• Negotiate with the insurance company
• Litigate your case in court if necessary

While personal injury attorneys will take a portion of the proceeds from your settlement or court award, they justify their fees by garnering a much larger settlement in most cases.

Frequently Asked Questions About Personal Injury Law

If you’ve been injured in an accident, you probably have questions. Many of our clients tend to have similar concerns. Here are some of the most commonly asked questions we hear at Hipskind & McAninch, LLC.

How long will it take to settle my personal injury case?

Pursuing full compensation for personal injury claims often takes more time than accepting the first low-ball settlement offer. The adjusters for large insurance companies want to protect their bottom line and will offer resistance.

While some simple claims can settle quickly (3-6 months), most significant accidents—especially those involving lasting injuries requiring ongoing treatment at local facilities like HSHS St. Elizabeth’s Hospital—take longer. Depending on the complexity and need for negotiation or litigation in the St. Clair County Circuit Court in Belleville, you may be looking at a timeframe of one to three years. Our priority is your maximum recovery, not the speed of the settlement.

Can I get medical treatment in O’Fallon if I can’t afford to pay upfront?

Yes. We understand that medical bills can pile up quickly after an accident. If you are struggling with payments, your attorney can execute a Letter of Protection (LOP) between you and your medical professionals.

This legal agreement, common practice in Illinois and Missouri cases, guarantees that your doctors and physical therapists will receive their full payment directly out of your settlement proceeds once your case is resolved. This allows you to get necessary medical treatment immediately without having to pay out of pocket, worrying about collections, or risking your credit score.

What is the deadline for filing a lawsuit for an O’Fallon accident?

Illinois law sets a strict deadline, known as the Statute of Limitations, for filing personal injury lawsuits. In most cases involving negligence (like car accidents on I-64 or slip-and-falls in local stores), you generally have two years from the date of the accident to file a lawsuit in the St. Clair County courthouse. If this deadline is missed, your claim will be permanently dismissed, regardless of how strong your evidence is. It is crucial to contact a lawyer as soon as possible to preserve your rights.

What is my case worth?

The value of your case depends on several factors, including:

• The severity and permanence of your injuries.
• The total cost of your medical expenses (past and future).
• The amount of lost wages and future earning capacity.
• The clarity of liability (who was at fault).

We calculate your claim based on concrete economic damages (bills, lost wages) and intangible non-economic damages (pain and suffering, emotional distress) to ensure we seek the highest possible value for you.

O’Fallon Personal Injury Lawyers: Fighting for St. Clair County Victims

When a sudden accident disrupts your life, you need an advocate with a proven track record right here in the Metro East. O’Fallon personal injury lawyers at Hipskind & McAninch, LLC are dedicated to securing maximum compensation for our clients across St. Clair County. Whether you were seriously injured in a car crash on I-64, suffered a slip and fall, or are struggling to pursue a workers’ compensation claim, our experienced team is ready to provide tenacious representation. We are focused on achieving a full and fair settlement that covers your losses. Don’t settle for less than you deserve. 

Call our O’Fallon, Illinois office today for a free, no-obligation consultation.