Personal Injury

Personal Injury Attorney in Elgin, Illinois


A personal injury can lead to stress and anxiety, especially when you are uncertain about what will happen and what your rights are. At James P. Leahy, Attorney At Law in Elgin, Illinois, I will take the time to answer your questions and discuss your legal options so that you can make informed decisions about what next steps are in your best interests.

Get the Help You Need

Contact Me

I handle a broad range of personal injury claims, including cases involving:

  • Car accidents: I represent people injured by the fault of others in car accidents.
  • Motorcycle accidents: When a car negligently hits a motorcycle, it is the motorcycle rider who pays the price.
  • Bicycle accidents: Bicyclists have the same rights as cars on the road.
  • Pedestrian accidents: If you are struck in an intersection, the driver of the car may be at fault even if the crosswalk wasn't marked.
  • Uninsured/underinsured motorists: UM/UIM insurance is coverage you carry to protect yourself from drivers who are uninsured or underinsured.
  • Construction accidents: I have extensive experience helping injured construction workers pursue all claims available to them.
  • Dangerous or defective products: If you are injured by a product, you may have a claim against the manufacturer even if you were using the product in a way that was not intended.
  • Nursing home injuries: I represent nursing home residents who suffer bedsores and other injuries covered by neglect.

I handle all personal injury claims on a contingency fee basis. I will only charge lawyer fees if I am able to recover compensation for your losses.

Bicycle Accidents

Were You Injured in A Bike Accident?

In Illinois, bicyclists have a legal right to use the right traffic lane unless they impede traffic. If you are injured because the driver of a four-wheeled vehicle did not respect your rights to the road, you may be entitled to compensation.

At James P. Leahy, Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions and discuss your legal options if you have been injured in a bicycle accident. I also handle cases of bicyclist death.

The Rights and Responsibilities of Bicycle Riders

Bicyclists are required to follow the same traffic rules as automobiles. Unless you are walking your bike, you are not supposed to ride on sidewalks. You are also not allowed to impede traffic, which generally means you cannot force following vehicles to slow down more than 15 mph under the speed limit. In other words, if you are driving 15 miles an hour in the right lane in a 30-mile-an-hour zone, the cars behind you have to either slow down or pass safely.

Pursue Fair Compensation

Reach Out to Me

Accidents can occur when a car passes too close to a bicycle or when a car strikes a bike from behind. In cases like these, it's important to contact an attorney as soon as possible so that evidence such as witness statements and damage to the car and bike can be preserved.

As a bicyclist, you can file a personal injury claim against the insurance company of the vehicle that hit you. If you are the victim of a hit-and-run accident, or if the other driver is uninsured or underinsured, you can file a claim against your own UM/UIM coverage. Your auto insurance will cover you when you are injured in an accident involving a motor vehicle, whether you are driving your own vehicle, a rental car, a bicycle, or you are a pedestrian.

Contact Illinois Bike Injury Lawyer James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin bicycle accident lawyer, contact me by email or call my office.

Car Accidents

You Should Be on Even Footing with Insurers

If you have been injured in an auto accident, you should not give a statement to the insurance company of the other driver without first speaking to an attorney. The questions you will be asked are designed to be helpful to the insurance company, not to the person involved in the accident.

At James P. Leahy, Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions and discuss your legal options so that you can make informed decisions about what next steps you want to take.

I will give you an honest evaluation of your case. If I don't believe you have a case or I believe that the evidence is not strong, I will tell you so. If I do believe you have a case, I will personally handle all aspects of your personal injury claim, from gathering all of the evidence of liability to preparation for trial or settlement.

I Represent Car Accident Injury Victims

Get In Touch

Personal Injury Compensation For Auto Accident Victims

If you are injured due to the negligence of another driver, you are entitled to seek compensation for all of the damages you have suffered, including medical expenses, lost wages, disability, and pain and suffering.

To ensure you receive the compensation you deserve, you should:

  • Seek medical treatment and follow the recommendations of your doctor
  • Save receipts for doctor bills, prescriptions, and other expenses related to the accident
  • Take pictures of your vehicle, as well as the accident scene
  • Do not give a statement to the insurance company

To protect your rights, you should contact an attorney as soon as possible. Once you have hired me, all calls to and from your insurance company or any defendants will come through my office.

Contact Illinois Auto Injury Lawyer James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin car accident lawyer, contact me by email or call my office.

Dangerous or Defective Products 

A Defective Product Can Cause Devastating Injuries

Many deaths and serious injuries are caused in Illinois each year by dangerous and defective products. Product liability laws are designed not only to protect consumers from unsafe products but to compensate the victims.

At James P. Leahy Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions about product liability laws and discuss your legal options so that you can make informed decisions about what next steps you want to take.

What Are Dangerous Products?

A product may be considered dangerous or defective if it:

  • Lacks sufficient safeguards, such as shields or guards, to protect you from being injured
  • Lacks warnings about foreseeable dangers
  • Is defective in design or manufacturing in a way that causes injuries

Seeking Representation?

Contact Me Today

If you are injured while using a product in the manner in which it is intended to be used, you may have a product liability case. You may also have a case if you are using the product in a way that was not intended, as long as it is a use that could be reasonably foreseen and the product contained no warnings to use it that way.

As your lawyer, I will give you an honest evaluation of your product liability case. If I don't believe you have a case or I believe that the evidence is not strong, I will tell you so. If I do believe you have a case, I will personally handle all aspects of your personal injury claim, from gathering all evidence of liability to the preparation for trial or settlement.

I handle all types of product defect injury cases, including:

  • Defective auto parts, such as seat belts that fail to protect you
  • Defective tires or wheel rims
  • Defective consumer products
  • Dangerous prescription drugs
  • Dangerous children's toys
  • Defective appliances or tools
  • Chemicals that cause injury
  • Defective industrial equipment

Contact Illinois Defective Products Attorney James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin dangerous product attorney, contact me by email or call my office.

Motorcycle Accidents

Serious Accidents Call for Serious Representation

When a negligent driver runs into a motorcycle, it is the motorcyclist who pays the price. While the person in the automobile usually walks away from the accident, the motorcyclist suffers serious injuries such as broken bones, road rash, spinal cord damage, and head injuries.

At James P. Leahy, Attorney At Law, I offer a free initial consultation to answer your questions and discuss your legal options if you have been injured in a motorcycle accident. I also handle cases of motorcyclist death.

I Can Answer Your Questions

As an experienced motorcycle injury lawyer, I can answer questions for you. For instance, are you wondering who will pay for medical bills and other damages?

The insurance company of the at-fault driver is responsible for paying your medical bills, lost wages, and other damages from the accident. However, the insurance company will not pay you anything until your case is resolved. That may take several months since you should not resolve your claim until you have reached what is known as "maximum medical improvement." Only then will you know whether you may have a lasting impairment from the accident.

Hold the Reckless Accountable

Get In Touch

If you have other medical insurance, you can have your insurance company pay for your treatment with the understanding that you will reimburse it from your settlement or award once your case is resolved. As your lawyer, I can negotiate with your insurance company so you can keep as much of your personal injury settlement or award as possible.

If you have no medical insurance, I can work with your medical providers to assure them that they will be paid out of your recovery when your case is resolved. In this way, you can continue to receive medical treatment. It is essential for you to receive treatment for two reasons:

  • To recover your health
  • To document your injuries for your personal injury case

As your lawyer, I will also work with you to collect and preserve evidence of liability, such as photographs of your damaged bike and the accident scene, statements from witnesses, and the police report of the accident.

Speak With Me For Free

I offer a free initial consultation to new clients. To speak to an Elgin motorcycle accident attorney, contact me by email or call my office.

Nursing Home Negligence & Abuse

Nursing Homes Are Meant to Help People Not Hurt Them

The last years of life should be filled with loving care and attention. Unfortunately, with some nursing homes being more concerned with profits than with service, the lives of many seniors are instead filled with neglect and abuse. If your loved one has suffered bedsores, hip fractures, or other injuries in a nursing home setting, he or she may be a victim of nursing home negligence.

At James P. Leahy, Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions about nursing home neglect or abuse. I will give you an honest evaluation of your case and discuss your legal options so that you can make informed decisions about what next steps you want to take.

What Is Nursing Home Negligence?

Nursing homes have a duty not only to provide proper care but to make sure you have the assistance you are supposed to have given your condition. People go into nursing homes for a reason. If you have a disability, the nursing home can't treat you the same way a hotel owner treats its guests. They have a responsibility to provide assistance, considering your disability.

Schedule Your Free Case Consultation

Get Started

Examples of nursing home negligence may include:

  • Bedsores caused by failure to reposition an immobile patient
  • Falls caused by lack of assistance
  • Injuries caused by restraints
  • Injuries caused by elopement (wandering away from the facility)
  • Abuse from nursing home staff
  • Failure to provide timely medical attention
  • Dehydration or malnutrition

As your lawyer, I will review the evidence in your case. If I don't believe you have a case, I will tell you so. If I do believe you have a case, I will personally handle all aspects of your personal injury or wrongful death claim, from gathering all evidence of liability to the preparation for trial or settlement.

Contact Illinois Nursing Home Abuse Lawyer James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin nursing home negligence attorney, contact me by email or call my office.

Pedestrian Accidents

Pedestrians Deserve More Protections

Liability can be highly contested in accidents involving cars and pedestrians. At James P. Leahy, Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions about liability and discuss your legal options if you are a pedestrian who has been hit by a car.

If I don't believe you have a good case, I will tell you so. However, if I do believe you have a case, I will personally handle all aspects of your personal injury claim as your lawyer. I will help you gather evidence of liability and prepare your case for trial or settlement. I also handle cases of bicyclist death.

Who Has the Right of Way in A Car-Pedestrian Accident?

In Illinois, the driver has the right of way outside of a crosswalk. However, pedestrians have the right of way in crosswalks or at unmarked intersections. Whether a crosswalk is marked or not, motorists are supposed to stop at intersections and yield to pedestrians.

Seek Your Deserved Compensation

Contact Me Now

If you are injured because a driver did not give you the right of way, you are entitled to compensation for damages such as medical bills, lost wages, pain and suffering, and permanent impairment. Family members who lose loved ones in fatal pedestrian accidents can seek compensation for medical expenses incurred prior to death, funeral expenses, lost financial support, lost services, and loss of companionship.

If the driver is uninsured or underinsured, or you are the victim of a hit-and-run accident, you can file an injury claim against your own UM/UIM coverage. Your auto insurance will cover you when you are injured in an accident involving a motor vehicle, whether you are driving your own vehicle, a rental car, a bicycle, or you are a pedestrian.

Contact Illinois Pedestrian Injury Attorney James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin pedestrian accident attorney, contact me by email or call my office.

Uninsured & Underinsured Motorists

Answers to Questions About Uninsured Motorists

One side effect of difficult economic times is an increase in the number of uninsured motorists on Illinois roads. A related problem is that many drivers who are insured carry only the minimum liability coverage required by law, which is $20,000 per person injured and $40,000 for all people injured in an accident. If you suffer serious injuries, $20,000 will not go far in covering your medical bills, much less compensating you for lost wages, pain and suffering, and permanent impairment.

At James P. Leahy, Attorney At Law in Elgin, Illinois, I offer a free initial consultation to answer your questions and discuss your legal options if you have been injured by an uninsured, underinsured, or in a hit-and-run accident. One way you can protect yourself from these situations is by purchasing UM/UIM coverage.

Let Me Help You Pursue a Fair Result

Get In Touch

What Is UM/UIM Coverage?

Uninsured and underinsured motorist coverage is insurance that you purchase to protect yourself and your family from drivers who are either uninsured or do not have enough insurance to pay for significant damages. In Illinois, your insurance company is required to offer you UM/UIM coverage at least equal to your liability coverage unless you decline the coverage in writing.

By law, your insurance company cannot raise your rates for filing a UM/UIM claim as long as the accident was not your fault.

Do I Need an Attorney's Help to File a UM/UIM Claim?

It's important to get legal advice whenever you need to file a personal injury claim against an insurance company, even if the insurance company is your own.

When your insurance company pays a UM/UIM claim, it is stepping into the shoes of the other driver's insurance company. In doing so, its interests are opposed to your interests. There are many pitfalls for the unwary. For example, if you settle your personal injury claim against the other driver without permission from your own insurance company, your underinsured motorist claim could be denied.

Contact Illinois Underinsured Motorist Lawyer James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin uninsured motorist lawyer, contact me by email or call my office.

Drunk Driving Accidents

Experiencing a vehicle accident involving alcohol isn't merely a case of two cars colliding—it's a devastating incident that can reformulate your life. The physical trauma, emotional upheaval, and financial pressures are profound and far-reaching. It's important you don't face this situation alone. 

At my firm—James P. Leahy Attorney At Law—I am a seasoned personal injury lawyer based in Elgin, Illinois, and I stand ready to advocate for you so that you don't navigate this challenging path alone. If you are in Aurora, St. Charles, Kane County, or the surrounding areas, reach out to my firm today. I am prepared to fight for the compensation you deserve. 

Liability for Drunk Driving Accidents

In alcohol-induced vehicular accidents, the accountability isn't always confined to the driver under the influence; it can extend to several others, too. Here is a breakdown of possible liable parties: 

  • The Drunk Driver: Undeniably, the first liability rests on the intoxicated driver who initiated the accident due to their recklessness. 
  • Parents of the Driver: If the driver under the influence is underage, the principle of "negligent entrustment" may place the responsibility upon the parents. 
  • Alcohol-Serving Institutions or Hosts: Certain situations might implicate the establishment or individual who served alcohol to the driver, commonly known as "dram shop" liability. 
  • The Employer: The company may be held accountable if the drunken driver was operating their vehicle as part of their professional obligations. 

Drunk driving accidents often involve many layers of liability. Remember, beyond just the driver being liable, a drunk driving accident victim also has the right to pursue compensation from others, thanks to Dram Shop and social liability laws, which encourage responsible serving practices and responsibility to prevent drunk driving incidents. 

Fight for the Compensation You Deserve

Reach Out Now

Dram Shop and Social Liability Laws in Illinois

Illinois has specific laws when it comes to holding establishments and social hosts accountable for serving alcohol to visibly intoxicated individuals or minors who later cause accidents. These laws aim to prevent drunk driving accidents and provide victims with an avenue for seeking compensation. 

While both Dram Shop and Social Liability laws in Illinois are designed to impose responsibility on those who supply alcohol to individuals who later cause accidents, they differ in terms of their application and scope. 

  • Dram Shop laws are primarily targeted at commercial establishments like bars, restaurants, and liquor stores. These laws hold these establishments accountable if they serve alcohol to visibly intoxicated individuals or minors who subsequently cause accidents. The goal is to encourage responsible selling and serving of alcohol in commercial settings. 
  • Contrarily, Social Liability laws (or Social Host laws) apply to non-commercial scenarios. These laws hold individuals liable if they provide alcohol to minors or noticeably intoxicated guests in a private setting, such as a home or private party, who then go on to cause an accident. The intention is to foster responsible behavior when hosting private events where alcohol is served. 

Possible Damages

Being injured in a drunk driving accident means you may be entitled to various types of damages. These can include compensation for medical expenses, lost wages due to your inability to work, physical and emotional pain caused by the accident, and property damage. If a loved one has been killed in a drunk driving accident, you, as a surviving family member, may be eligible to file a wrongful death claim to seek compensation for your profound loss. 

Statute of Limitations

Remember, time is of the essence. In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. For wrongful death claims, it's usually one year from the date of the victim's death. Missing these deadlines may result in losing your right to seek compensation. 

Filing a Claim

After a drunk driving accident, you have several options to pursue a claim. The process of filing a claim generally includes the following: 

  • Gather Evidence: Begin by collecting all available evidence from the incident, including police reports, photographs from the scene, medical records, and witness testimonies. 
  • Consult a Lawyer: Seek legal advice from a seasoned personal injury attorney to understand your rights and potential avenues for compensation. 
  • File a Claim: Your lawyer will help you to prepare and submit a detailed claim against the liable party or parties, which may include the intoxicated driver, an alcohol-serving establishment, or others. 
  • Negotiation: Once the claim is filed, your lawyer will handle negotiations with the insurance company or responsible party's legal team for a settlement. 
  • Lawsuit and Trial: If a fair settlement cannot be reached, your lawyer will proceed to file a lawsuit and represent you in court. 

You can file a personal injury claim against the intoxicated driver, or if the driver was served alcohol at a bar or restaurant, you may have a claim against the establishment under dram shop laws. If a loved one has been killed, you may be able to file a wrongful death claim on their behalf. 

Contact Elgin Auto Accident Attorney James P. Leahy

I offer a free initial consultation to new clients. To speak to an Illinois personal injury attorney, contact me by email or call my office. I serve the communities of Dundee and South Elgin, as well as those who were injured in Kane County and Cook County, Illinois.

Start Moving Forward

Fill out the attached form to schedule a free consultation of your case.

Share by: