Personal Injury Lawyer Arlington Heights, IL

The Timeline of a Personal Injury Case

When pursuing a personal injury claim, one of the most common questions we encounter is about the duration of the case. The truth is that the timeline for a personal injury case can vary significantly based on numerous factors. We aim to provide a comprehensive understanding of the factors influencing the timeline and what you can expect during the process. Our attorney, Charles N. Therman has tried multiple cases to successful jury verdicts, so we know the nature and severity of the injuries can significantly influence the case duration. More severe injuries may require longer periods of treatment and recovery, thus extending the case timeline. 

Accumulation of Medical Evidence

An integral aspect of any personal injury case is the collection of medical evidence, which includes medical reports, treatment plans, and prognosis. Gathering this evidence can be time-consuming, especially in cases where the injuries require long-term treatment.

Liability and Disputes

The clarity of liability in the accident significantly impacts the case duration. If liability is clear and undisputed, the case may be resolved faster. However, disputes over liability or fault can lead to prolonged negotiations or trials.

Insurance Company’s Response

The response and willingness of the insurance company to negotiate can also affect the timeline. Some cases may be delayed due to the insurance company’s reluctance to offer a fair settlement, leading to extended litigation.

Legal Procedures and Litigation

If the case goes to trial, the court’s schedule and legal procedures will influence the duration. With over three decades of combined experience, we understand that trials may be lengthy, and court schedules can contribute to delays.

Typical Stages of a Personal Injury Case Timeline

• Treatment and Recovery. You should complete your medical treatment, or reach a point of maximum medical improvement, before finalizing the claim. This stage can vary from a few months to several years, depending on the injury.
• Gathering Evidence and Building the Case. This includes collecting medical records, accident reports, witness statements, and other relevant documents. This stage can take several months.
• Negotiation with Insurance Companies. We engage in negotiations with the insurance company, which can last from a few months to over a year, depending on the case’s specifics and the insurer’s response.
• Filing a Lawsuit (if necessary). If negotiations don’t result in a fair settlement, filing a lawsuit may be the next step. From filing the lawsuit to the trial, the process may take several years.
• Trial and Resolution. If the case goes to trial, the duration depends on the court’s schedule, the elaborateness of the case, and the trial itself.

Claim Denials

Facing a denial in a personal injury case can be disheartening, but it is not the end of the road. We are equipped with the knowledge and resilience to turn denials into opportunities for reassessment and appeal.  Before getting into the strategies to counter a case denial, it’s paramount to comprehend the common reasons why personal injury claims are denied:

• Insufficient Evidence. Claims often get denied if there is inadequate evidence to support the injury or the claimant’s version of events.

• Disputes over Liability. If the liability is unclear or disputed, insurers may deny the claim.

• Policy Exclusions. Sometimes, specific exclusions in the insurance policy may lead to a denial.

• Lapsed Policies or Non-payment. A lapse in the insurance policy at the time of the incident can result in claim denial.
• Failure to Mitigate Damages. If it’s believed that the claimant didn’t take reasonable steps to minimize the impact of the injury, this can lead to a denial.

We approach a case denial not as a setback but as a challenge to be overcome. Here’s how we proceed:

• Detailed Review of the Denial. The first step involves a thorough examination of the denial letter to understand the insurer’s reasoning. This provides a foundation for our counter-arguments.

• Gathering Additional Evidence. If insufficient evidence was a reason for denial, we focus on collecting pivotal evidence, including medical records, witness statements, and professional testimonies.

• Reassessment of the Case. We reassess the case to identify any areas that might have been overlooked or require further emphasis.

• Negotiations and Appeals. We re-engage with the insurance company, armed with additional evidence and arguments, to negotiate a fair settlement. If necessary, we are prepared to file an appeal against the denial.

• Legal Action. If all else fails, we do not hesitate to take legal action. This includes filing a lawsuit to pursue the claim in court. A denial in a personal injury case does not signify defeat. With the right personal injury lawyer from our team, avenues to challenge and overturn these denials are readily available. 

Compensation for Personal Injury Victims

As experienced personal injury lawyers in Arlington Heights, we understand that managing the aftermath of a personal injury can be overwhelming. A fundamental aspect of this journey is understanding the types of compensation you may be entitled to. 

Medical Expenses and Treatment Costs

In personal injury cases, medical expenses often form a significant part of the compensation. This includes not only immediate medical costs like emergency room fees, hospital stays, surgeries, and medications but also long-term care such as physical therapy, rehabilitation, and any future medical procedures linked to the injury. We meticulously document these expenses to verify that our clients receive full compensation for their medical bills.

Lost Wages and Loss of Earning Capacity

When an injury prevents you from working, whether temporarily or permanently, the loss of income can be financially devastating. Compensation for lost wages covers the income you have lost while recovering. In more severe cases, if the injury affects your ability to earn a living in the future, we work to secure compensation for the loss of earning capacity.

Pain, Suffering, and Emotional Distress

Non-economic damages like pain and suffering are subjective and vary from case to case. They encompass the physical pain and discomfort experienced as well as emotional and psychological distress, such as anxiety, depression, loss of enjoyment of life, and trauma. Our team understands the importance of these damages and advocates vigorously for our clients to receive fair compensation for their suffering.

Property Damage

If personal property is damaged as a result of the incident that caused your injury, compensation for repair or replacement is necessary. This typically applies in cases like automobile accidents where your vehicle may have been damaged.

Punitive Damages

In certain cases, where the defendant’s actions are particularly egregious or malicious, punitive damages may be awarded. These are not tied to a specific loss you have suffered but are intended to punish the wrongdoer and deter similar conduct in the future. While not common, they are an important element of the justice system in personal injury cases. At Therman Law Offices, LTD, our commitment to our clients goes beyond legal representation; we strive to make certain that you receive full compensation for all the losses and suffering endured. If you find yourself in need of our team, do not hesitate to reach out to us. 

Common Types of Personal Injury Cases

Personal injury law is a broad field that encompasses various types of cases where individuals suffer harm from an accident or injury, and someone else might be legally responsible for that harm. We have encountered and successfully handled a myriad of personal injury cases. 

• Motor Vehicle Accidents

One of the most frequent causes of personal injury claims arises from motor vehicle accidents. Whether it’s cars, trucks, motorcycles, or pedestrians involved, these accidents can lead to significant injuries and challenges in legal claims. 

• Slip and Fall Accidents

Property owners (or renters) have a legal obligation to keep their premises safe and free from hazards. Slip and fall cases represent situations where individuals are injured on someone else’s property due to unsafe conditions, such as wet floors, poor lighting, or icy walkways. We specialize in proving negligence in such cases, helping our clients to receive rightful compensation.

• Medical Malpractice

Medical malpractice occurs when a healthcare professional provides treatment that falls below the accepted standard of practice in the medical community, leading to injury or death of the patient.

• Workplace Accidents

Injuries at work can be a result of unsafe work conditions, machinery malfunctions, or negligence. Workers’ compensation laws govern these types of injuries and we are adept at protecting your rights and helping you to secure the compensation you deserve.

• Product Liability

When a consumer is injured by a defective or unsafe product, they may have a claim against the manufacturer, distributor, or retailer of the product. These cases can range from defective household appliances to unsafe pharmaceuticals. 

• Assault and Battery

Personal injury claims may also arise from intentional acts such as assault and battery. Unlike most claims which are based on negligence, these are based on intentional conduct. We understand the sensitivities surrounding such cases and provide compassionate yet firm legal representation. We’re committed to providing our clients with legal representation across a diverse range of personal injury cases. 

Arlington Heights Personal Injury Infographic

Arlington Heights Personal Injury Statistics

According to the U.S. Department of Justice, just under 95 percent of personal injury lawsuits settle before they go to trial. This statistic shows that most personal injury cases are resolved through settlement, rather than through a trial. There are several reasons for this, including the high cost of litigation, the uncertainty of trial outcomes, and the desire to avoid the emotional toll of a trial. This is just one more reason why you should have a skilled personal injury lawyer representing you.

Arlington Heights Personal Injury FAQs

What constitutes a personal injury case?

A personal injury case arises when an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm. This can include a wide range of scenarios, such as car accidents, slip and fall incidents, medical malpractice, workplace injuries, and more. The essence of a personal injury case is proving that another party’s negligence or intentional act caused your injury.

How do I know if I have a valid personal injury claim?

To determine if you have a valid personal injury claim, consider if your injury resulted from another party’s negligence or intentional action. Fundamental elements include establishing that the party had a duty to ensure your safety, breached that duty, and caused your injury as a result. Consulting with a personal injury lawyer may help you assess the strength of your claim based on these factors.

Should I accept the insurance company’s initial settlement offer?

It’s generally advisable not to accept the first settlement offer from an insurance company without consulting a personal injury attorney. Initial offers are often lower than what you may be entitled to. A lawyer may help evaluate the offer, negotiate with the insurance company, and confirm that you receive fair compensation for your injuries and related losses.

Can I file a personal injury claim if I’m partially at fault for the accident?

Yes, you can still file a personal injury claim even if you are partially at fault for the accident. Most states follow a comparative negligence rule, which allows you to recover compensation proportional to the other party’s degree of fault. However, the amount you can recover will be reduced by your percentage of fault in the accident.

How long do I have to file a personal injury lawsuit?

The time limit to file a personal injury lawsuit, known as the statute of limitations, varies by state. Generally, it ranges from one to six years from the date of the injury. It’s important to file your lawsuit within this timeframe, as failing to do so can result in losing your right to sue. Consulting with an injury lawyer as soon as possible after your injury can help you adhere to these deadlines.

Therman Law Offices, LTD, Arlington Heights Personal Injury Lawyer

8501 W Higgins Rd Ste 420, Chicago, IL 60631

Contact Our Team of Legal Professionals Today

We understand the integral part we play in the lives of those who have suffered due to others’ negligence. We pride ourselves on our ability to blend skill with empathy. Our commitment is to advocate fiercely for the rights and entitlements of our clients, striving to secure the compensation they deserve to aid in their recovery and restoration. At Therman Law Offices, LTD, we recognize that each personal injury case is as unique as the individuals involved. We tailor our strategies to align with the specific circumstances of each case, dedicating ourselves to achieving the best possible outcome for our clients. We have had over 5,400 trusted clients because we care about the individual.  When you are ready to pursue legal action, reach out to our compassionate professionals.