Personal Injury lawyer Schaumburg, IL

Pursuing Recovery After Suffering an Injury

In order to obtain the best outcome for a personal injury case, you should consult with our Schaumburg, IL personal injury lawyer before filing. When a victim files a personal injury claim against another party in Illinois, that claim is usually built on the concept of negligence. This means that in order to be successful in their lawsuit, they need to provide evidence to the jury or judge that shows the person they are suing acted in a negligent manner and that negligence resulted in the accident that caused the victim’s injuries. To discuss your case with our team, contact Therman Law Offices, LTD today to schedule your consultation.

Understanding Negligence

How does the law define negligence? In some cases, it may be easy to show that the other party’s actions were negligent. In other cases, it may not be as obvious, and it is necessary to hire experts to help prove negligence, such as accident re-constructionists or medical experts. Typically, negligence is defined as behavior or actions that a reasonable person would not engage in. Failure to act to help a victim that results in injuries can also be deemed as negligence.

Proving Negligence

When preparing a personal injury lawsuit, a personal injury lawyer knows that he or she will have to prove four elements in order to be successful on behalf of their client. The first element is proving that the at-fault party owed the victim a duty of care. For example, a driver owes a duty of care to all others they share the road with to operate their vehicle in a safe manner and obey all traffic laws.

The second element is proving that the at-fault party breached that duty of care. For example, if a driver is checking their text messages while driving and ends up slamming into the vehicle in front of them, they breached that duty of care by not paying attention to the road as they are required to do.

The third element is that the victim’s injuries were a direct result of that breach of duty. In the above example, had the driver not been texting, they would have stopped their vehicle in time and not slammed into the victim’s vehicle and the victim would not have suffered any injuries.

The final element that must be proven is that the victim has suffered losses as a result of their injuries. This can include medical bills for treatment of their injuries and lost income if they were unable to work at any time during their recovery. They can also be compensated for pain and suffering, emotional anguish, permanent disability, scarring, and more.

How Our Personal Injury Lawyer Can Help You

Injuries from slip and falls are common in the Schaumburg, IL. This doesn’t mean that you shouldn’t be able to go on with your life normally after having such an accident, but it does mean that you need to protect your rights if you’re injured. Not only that, but you also need to protect yourself from insurance companies whose numbers are often bigger than yours and who might try to take advantage of your minor injuries to get out of giving you a fair settlement.

A personal injury lawyer Schaumburg, IL can help you recover compensation for your medical bills and lost wages, as well as pain and suffering associated with your fall. The best thing that you can do is make sure that you hire someone who has experience handling slip and fall claims like yours so that they can get the maximum possible amount for you without putting up a lot of resistance from the insurance company.

Four Important Aspects of Your Personal Injury Case

There are many new terms you may not be familiar with when you hire a personal injury lawyer in Schaumburg, IL. Here are the top four terms that you should know before you bring your case to a lawyer at Therman Law Offices, LTD.

The Claim

A claim is simply the name for the request for compensation from a responsible party to cover the resulting damages. In the context of personal injury, it usually follows an accident. A claim can be made with your insurance company or the insurance company of the responsible party. You can also pursue a claim by hiring a lawyer with Therman Law Offices, LTD.

Damages

Damages refer to the compensation you are eligible for. Damages can be classified as one of two categories, either general or special. General damages, sometimes called “noneconomic” damages, are the non-quantitative costs of your injury. You may have heard this called pain and suffering compensation. It covers all of the things that do not have a dollar value, like emotional distress or changes to your way of life.

Special damages are also known as economic damages and are exactly what they sound like. Special damages include lost wages, medical bills, or other costs of the injury that have specific, calculable amounts. These tend to be easier to prove since there is usually a paper trail of bills.

Fault

“Fault” in a personal injury case is the responsible party in the accident. If, for example, an injury occurred at a business, then the business owner could be found at fault if the accident was due to his or her neglect. You will be responsible for providing your personal injury lawyer in Schaumburg, IL, with complete information to best prove the party at fault. Such information should include any witness statements, official police reports, or medical bills that pertain to your case. Proving who was at fault is crucial to getting the settlement you deserve.

The Settlement

A settlement can include a payment to the injured party in exchange for not pursuing further legal action. Often the insurance company that backs the policy covering the accident will provide the settlement.

Insurers prefer to reach a settlement than go to trial. Trials can become a lengthy, expensive process for everyone involved, and the outcome can be uncertain when left to a jury. Your personal injury lawyer in Schaumburg, IL, can both negotiate settlements and take a case to trial.

Common Personal Injury Cases

• Car Accidents

By far the most common kind of personal injury case in the United States is a car accident. They typically happen because someone wasn’t following the rules of the road, or they aren’t driving as carefully as they should be. A careless driver can typically be held financially responsible for injuries that happen in a car accident. However, there has to be proof that you played no part in why the accident happened. For example, if you were both speeding it can be difficult to prove who was at fault.

• Slip and Fall Cases 

Another common type of accident is a slip and fall case. Property owners have a legal duty to keep their property reasonably safe and free of hazards. When you see the wet floor signs, that is the property owner warning you that the floor is slick. When the sign isn’t there and there is a slick floor, then there could be a case. A personal injury lawyer in Schaumburg, IL will be able to tell you if you have a case or not. 

• Medical Malpractice 

Medical malpractice occurs when a doctor, nurse, pharmacist, or any other health care professional provides treatment (or lack of treatment) that falls below the appropriate medical standard of care, and a patient is injured. This could be the treatment was delayed, there was a mistake at the pharmacy, or even the diagnosis didn’t happen till it progressed too far to treat. However, you have to remember that just because you didn’t like the result or the doctor doesn’t mean it was malpractice. 

• Dog Bites 

In most cases, the owner of the dog is going to be financially responsible for the bite and other injuries caused by the dog. The exact laws vary from state to state. It really depends on what state you are in and if there is a one bite law which is when the owner becomes responsible after there is a history of biting. 

Schaumburg Personal Injury Infographic

Schaumburg Personal Injury Statistics

According to the U.S. Department of Justice, in most personal injury lawsuits – about 95 percent – the parties settle before the case goes to trial. To get a fair and just settlement, victims of accidents should have a personal injury lawyer advocating for them instead of trying to negotiate with the insurance company.

Schaumburg Personal Injury FAQs

What is a personal injury?

Personal injury is a very broad category that covers almost any kind of injury to a person that you can imagine. The list includes everything from wrongful death, injury in auto and other vehicle accidents, being hit by a car as a pedestrian, medical malpractice, and many many more. Personal injury caused by another person or a company may allow you to collect damages. In Illinois, personal injury is based on the idea that your injury was caused by another person and is the result of that person’s negligence

What is a personal injury lawyer?

Many people may not know what a personal injury lawyer is. A personal injury lawyer Schaumburg, IL is a type of lawyer who helps people who have been injured to get the compensation they deserve. This compensation can come from the person or company who caused the injury, or from an insurance company. Personal injury lawyers typically work on a contingency basis, which means that they only get paid if they win the case for their client.

This makes it easier for people who have been injured to get the legal help they need. Personal injury lawyers can help with cases involving car accidents, slip and fall accidents, dog bites, and more. If you have been injured, it is important to contact a personal injury lawyer as soon as possible to ensure that your rights are protected.

How much will it cost to hire a personal injury lawyer?

Most personal injury lawyers in Schaumburg, Illinois work on a contingency basis. This means that they will not charge you any fees unless they can successfully negotiate a settlement or win your case in court. In some cases, personal injury lawyers may also be willing to work for a flat fee.

What can a personal injury lawyer do for me?

A personal injury lawyer can help you get compensation for the injuries you have suffered as a result of an accident. They can negotiate with insurance companies on your behalf and work to get you the best possible settlement. If your case goes to court, your personal injury lawyer Schaumburg, IL will represent you in front of a judge and jury.

How do I choose the right personal injury lawyer?

There are several things you should consider when choosing a personal injury lawyer. First, make sure the lawyer has experience handling cases similar to yours. You should also ask about the lawyer’s fees and whether they are willing to work on a contingency basis. It is also important to feel comfortable with the lawyer and be able to trust them with your case.

Should I contact a personal injury lawyer if I’ve been injured, even if it was my own fault?

In general, you should reach out for legal help if you’ve been injured in an accident that wasn’t your fault. However, even if the injury was minor, it’s still worth speaking with an attorney to see if you have a case. Many people are hesitant to contact a lawyer because they’re worried about how much it will cost, but most firms offer free consultations, so there’s really no harm in speaking with one. Plus, personal injury lawyers in Schaumburg, IL typically work on a contingency basis, meaning they only get paid if they win your case. So don’t wait – contact Therman Law Offices, LTD today if you’ve been injured in any way.

What damages can I recover after a personal injury? 

The specific facts and circumstances of your case will likely determine what kind of damages you can recover in your personal injury case. The medical treatment you receive as a result of your injury is recoverable in a personal injury case. Both past and future medical treatment are recoverable as damages.

Past and future lost wages are recoverable as damages. General damages are also termed non-economic damages and include any inconvenience caused by the injury, emotional trauma, loss of enjoyment of life, and pain and suffering. In specific cases the plaintiff may be entitled to punitive damages which exist to punish the defendant and to deter the defendant from committing the same act in the future. Punitive damages are typically only available for especially egregious conduct. 

What are the four elements that must be proven in a personal injury case?

There are four elements that must be proven by your lawyer if they are to be successful in helping you collect the monetary damages you may be entitled to. They are:

1. The at-fault party owes the victim what’s known as a ‘duty of care.’
2. The at-fault party breached that duty of care.
3. The victim’s injuries were a direct result of that failure to exercise a duty of care.
4. The victim suffered losses as a result of their injuries.

For example, if the at-fault party was distracted while changing radio stations or texting and ran a red light smashing into the victim, the at-fault party was probably breaching their duty of care. If the victim’s injuries were a direct result of the at-fault party’s failure to exercise proper duty of care — and if the victim suffered a loss as a result — all four elements are present.

What role does insurance play?

Parties involved in a personal injury case will typically work with insurance companies rather than a judge. Your personal injury lawyer can help you handle any negotiations and will help you determine whether you should accept or negotiate an offer.

You would receive payment from the other party’s liability insurance. For example, if you were to fall and hurt yourself at a grocery store, it would be the owner’s liability policy that pays for your injuries. You would have to make reasonable arguments that the insured person acted negligently and was the direct cause of your injuries. Insurance companies would rather settle out of court than have to pay expensive fees in trial.

Therman Law Offices, LTD, Schaumburg Personal Injury Lawyer

1701 Woodfield Rd #1101, Schaumburg, IL 60173

Contact Our Schaumburg Personal Injury Lawyer Today

If you have suffered personal injury in an accident you need to contact Therman Law Offices, LTD today to schedule a free consultation. We can discuss the facts of your case and determine which legal arguments may be relevant to your case. Call the office at (847) 744-8400 to learn more about the legal services we offer. We have years of experience representing injured clients who need help obtaining the financial compensation they deserve.