Accidents and Injuries
Unfortunately, preventable accidents leading to serious injuries and deaths are common in Illinois and throughout the United States. When you have been injured in an accident or your loved one has suffered a tragically untimely death, you may have legal options to pursue. If the accident happened in the workplace, meanwhile, workers’ compensation benefits may be available. At Therman Law Offices, our Wheaton and Schaumburg injury lawyers can handle cases arising from any type of accident.Bringing a Personal Injury Claim for Compensation
A victim’s life may be changed forever following a car accident, a motorcycle crash, a slip and fall, an incident involving medical malpractice, or other events that may happen in daily life. Workers’ compensation claims typically cover on-the-job injuries, including construction accidents, warehouse accidents, motor vehicle collisions on the job, and mishaps involving defective equipment.
Personal injury claims usually require proving that someone or some entity was negligent. This means that the defendant did not act as carefully as they would be reasonably expected to act in the circumstances. For example, if a driver fails to yield at a crosswalk and hits a pedestrian, that driver probably will be liable for the pedestrian’s resulting injuries because a prudent driver would obey traffic rules and yield when required.
Illinois follows a modified comparative negligence doctrine, under which the judge or jury may assign each party a degree of fault for an accident. In other words, your total award will be reduced by your percentage of fault, if any. For instance, a pedestrian may have been partly responsible for an accident if they were looking at their phone and not paying attention as they entered the crosswalk. If they sustained $200,000 in damages and were found 30 percent at fault for this reason, they would be able to recover up to $140,000 from a careless driver who bore the remaining responsibility.
Illinois imposes a time limit for filing a personal injury lawsuit, known as the statute of limitations. A plaintiff has two years from the date of an accident to file a personal injury claim in civil court. A plaintiff has five years from the date of an accident to file a property damage claim. Failing to file within this time frame could mean losing your right to pursue compensation altogether. Thus, you should not delay in retaining an injury attorney in Schaumburg or Wheaton so that your case can be thoroughly investigated and a claim brought well within the required deadline.Seeking Workers’ Compensation Benefits Following an Injury on the Job
Workers’ compensation is a no-fault system in which benefits are paid to an employee who experiences a job-related injury or disease. The Illinois Workers’ Compensation Act protects the rights of injured workers. According to the Act, they are entitled to all of the medical expenses related to treating the injury or illness. There is no deductible co-payment required, meaning that the cost is covered 100 percent. Injured workers are also entitled to up to two-thirds of their average weekly wage. Therefore, if you were hurt on the job and had been earning $1,200 per week, for example, you might be entitled to $800 during the time that you are injured. Workers’ compensation benefits are awarded according to the extent and the duration of the resulting disability, which may be permanent or temporary and total or partial.Seek Guidance from an Injury Lawyer in Schaumburg or Wheaton
If you have been hurt in an accident that was not your fault or injured on the job, we can evaluate the merits of your case and determine your eligibility for compensation. At Therman Law Offices, our Wheaton and Schaumburg injury attorneys have extensive experience in handling these types of claims and can put this knowledge to use in your case. We also serve people in Glendale Heights, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, and Clarendon Hills, among other cities in Cook County and beyond. Call us at 312-588-1900 or contact us online if you are interested in a free consultation with a workers’ compensation attorney or assistance in bringing a personal injury claim.
- Personal Injury
- Workers’ Compensation