In order to obtain the best outcome for a personal injury case, victims should always consult with a personal injury lawyer in Schaumburg, IL from Therman Law Offices, LTD. 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.
What Is 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.
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.
What Matters When Proving Fault in a Personal Injury Case?
If you suffered serious injuries after an accident, it is normal to start thinking about fault. After all, if the other party was at fault, he or she may owe you compensation. When it comes to receiving a settlement, you need to consider negligence, insurance coverage and proof of fault.
What Is Negligence?
Most personal injury cases involve some form of negligence. If one party acts careless and you suffer injuries or property damage as a result, then he or she may have acted negligently. For someone to be held accountable, he or she had to owe you a duty. For example, drivers on public roads owe others safe driving. If the other party drives carelessly, it breaches the duty and can cause an accident resulting in serious injuries.
Why Does Insurance Matter?
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.
When Do You Need Proof of Fault?
It is always smart to have proof of fault before you file a personal injury claim. If you can prove to the insurance company that the other party was at fault, you are more likely to receive a higher settlement. An IL personal injury lawyer in Schaumburg from Therman Law Offices, LTD. wants to see any medical bills, witness statements, police reports or other pieces of evidence from the scene of the accident.
In the rare case that your claim goes to court, you will have to prove fault. Most lawyers will not bring a case to trial unless they believe that there is a good chance that you will win.
The majority of personal injury claims settle out of court. If both parties have insurance coverage, you may have a short negotiation period with an insurance company before receiving your settlement. Set up a consultation with a lawyer as soon as possible to discuss your options for filing a personal injury claim.
What To Know If You’ve Experienced an Injury
Becoming injured can cause a lot of stress. Not only do you have to deal with the aftermath of your injury, which can be difficult enough on its own, but you may also be struggling with medical bills, and the decision to hire a lawyer. Some may not think that they should seek out a lawyer, or they may be intimidated by the process. The reality is, though, that hiring the right lawyer can make a big difference in your situation, and help ensure that you get the help that you need.
1. You Need To Understand Insurance
When it comes to a personal injury case, insurance can factor into your case in a big way. For many, obtaining a personal injury lawyer in Schaumburg, IL helps them to better understand the ins and outs of insurance, and how it will impact their particular case. In many instances, if you are injured then the other party’s insurance company may be required to compensate you. For some, all issues may be handled with an insurance company, and may not even need to go to court. Typically, a law office like Therman Law Office, LTD can help you navigate negotiations with insurance companies.
2. You Need To Know About Negligence
Additionally, being educated about negligence can also help you if you are in a situation where you need to talk to a personal injury lawyer in Schaumburg, IL. Many injuries are due to negligence. However, there are many that don’t know exactly what constitutes negligence, to begin with. Depending on where you are injured and the nature of the injury, the other party may be guilty of negligence. A law office like Therman Law Offices, LTD can often help you discern whether or not your injuries occurred due to neglect, and you are entitled to compensation.
3. You Need To Work With an Experienced Lawyer
Because injury cases can be complex, seeking out an experienced personal injury lawyer in Schaumburg, IL can make a difference for your case. There are often many small details to look into, and a lawyer with less experience may not always know what to look for. Not only that, but you may need to find a lawyer that knows just how to deal with insurance companies. Being thorough in your research as you look for the right lawyer for you can be the difference between getting a fair settlement, and being overlooked.
4 Terms To Know in Personal Injury Cases
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.
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 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” 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.
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.
Illinois Personal Injury Law Firm
If you have suffered injuries in an accident caused by another party’s negligence, contact Therman Law Offices, LTD to schedule a free and confidential case evaluation with a Schaumburg, Illinois personal injury lawyer and find out what legal options you may have.
Questions To Ask Prospective Personal Injury Attorneys
What Is Your Personal Injury Case Experience?
Look for a personal injury lawyer in Schaumburg, IL with extensive experience in personal injury law. This legal professional should handle most, if not all, types of personal injury cases, but especially the type that is related to your case. Ask how long your prospects have worked in personal injury law and what their records are.
You should also ask how much of their business is the result of referrals from other law firms or previous and current clients. A great personal injury law firm, such as Therman Law Offices, LTD, receives much of its clientele from referrals.
Are you Willing To Go To Court?
Learn about whether they are willing and able to go to trial or if they focus on negotiating and accepting easy settlements. Your personal injury lawyer in Schaumburg, IL is supposed to be your advocate, so this professional should fight for everything you need no matter what route and how much work it requires. Therefore, ask whether your lawyer tries these cases on a regular basis. Insurance companies know about lawyers who tend to settle rather than go to court, and they structure their settlements to reflect this trend. For example, they may offer you less, knowing that your attorney won’t take them to court.
What Resources Can You Dedicate To my Case?
A reputable firm, e.g., Therman Law Offices, LTD, has vast resources to dedicate to your case. For example, these firms will have multiple staff members who can investigate and negotiate your case. They also have the financial viability to pursue any legal means necessary to get you the settlement or judgment you deserve. These firms tend to have in-house or contracted investigators and expert witnesses that can help them prove your case. Ask about your firm’s resources.
What Fees Will I Pay?
Most personal injury firms offer free consultations and do not charge you any fees until the case is settled. Many only charge contingent fees, which are a portion of your settlement. These fees are also only applicable if the personal injury lawyer in Schaumburg, IL wins your case. However, if the attorney does negotiate a settlement or gain a positive judgment in court, this professional will often take up to 33.33% of your award.
However, you also need to ask about expenses, which are different than fees. These expenses may include investigation, court reporter, medical records, filing and expert witness fees. You will be responsible for paying these even if your case is lost. Therefore, ask your attorney about any expenses you may be charged.
Common Mistakes to Avoid in Your Personal Injury Case
If you have been injured in an accident caused by someone else, you have the right to file a personal injury case. However, certain mistakes can prevent you from getting a fair settlement. Here are a few common mistakes you need to avoid.
- Not filing a personal injury claim on time. Too many accident victims wait too long to file a personal injury claim and lose out on their right to compensation. In Illinois, the statute of limitations to file a personal injury claim is two years. Once that deadline has passed, you’re no longer eligible to receive compensation.
- Assuming you can’t afford a lawyer. Unfortunately, some accident victims are reluctant to hire a personal injury lawyer in Schaumburg, IL because they assume they can’t afford one. However, you’ll be happy to know that most personal injury lawyers work on a contingency basis. This means they take a percentage of your settlement at the end of your case. If you don’t win your case, you won’t owe your lawyer any money.
- Failing to consider all your damages. Another mistake people make when filing a personal injury claim is not accounting for all their damages. You may be entitled to more damages than just your initial medical expenses and lost wages. For example, if you suffered anxiety and depression after a car accident, you may be entitled to emotional distress damages.
- Talking about your case on social media. There are many topics you can discuss on your social media pages. Your personal injury case shouldn’t be one of those topics. The insurance company may be looking for information on your social media pages to use against you.
- Accepting the initial settlement offer. A personal injury claim can be very stressful to deal with, so you may just want to get it over with. However, that doesn’t mean it’s a good idea to accept the first settlement the insurance company offers you. They care about the bottom line and aren’t interested in paying you a fair settlement. It’s best to give your lawyer time to negotiate a fair settlement.
- Not being honest with your lawyer. Your lawyer won’t be able to help you if you aren’t completely honest. Don’t try to exaggerate what happened or leave out important details. Your lawyer is there to help you and won’t judge you.
Why you need a personal injury lawyer for a slip and fall in Schaumburg, IL
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.
Why hire Therman Law Offices, LTD as your personal injury lawyer in Schaumburg, IL
A personal injury lawyer is not usually the first lawyer people think of when they get into an accident. Some people are more likely to think about a car accident lawyer and file a claim with their insurance company. This is not, however, the best route to take if you have been injured in an accident that was not your fault.
We understand that the injuries we help people with can be incredibly serious. They can ruin a person’s life and affect their loved ones as much as it does them. We understand how difficult it can be for someone to recover from these injuries and make it back to their normal lives.
At Therman Law Offices, LTD, we believe there is nothing more important than fighting for your rights and doing what is right. You work hard, and you deserve to be compensated when someone else causes your injury through their negligence or recklessness.
Our law firm will fight for your rights to get you compensated for your injuries. We also know that it can be hard to handle all of this on your own. That’s why we offer free case evaluations so you can talk to one of our lawyers about your case and learn about your legal options for getting the compensation you deserve.
Therman Law Offices, LTD is committed to each of our clients and will fight for you.
Trying to work out a settlement with the insurance company can be frustrating and time-consuming. The amount you receive may not be enough to cover all of your expenses. In addition, you may be required to sign a release agreeing not to sue the person or company responsible for your injuries. This means that you give up any right to file a lawsuit in the future if your injuries are so severe that they cause additional problems down the road.
Therman Law Offices, LTD can help you secure a higher settlement or jury award after an accident without requiring you to sign a release preventing you from filing a lawsuit down the road if your injuries are more serious than originally thought. In addition to getting compensation for medical bills and other financial losses as quickly as possible, Therman Law Offices, LTD personal injury lawyers in Schaumburg, IL will ensure that your claim is handled efficiently and quickly.
Personal Injury Lawyer Schaumburg, IL
If you have been hurt due to someone else’s negligence or by an intentional act then finding a personal injury lawyer in Schaumburg, IL should be at the top of your to-do list. No one expects to get hurt but when it happens it can be devastating not only emotionally but financially as well. How do you know if you have a personal injury case or not though?
There are many reasons as to why you could need a lawyer for a personal injury. The important thing to remember is not every injury is going to result in legal liability. As stated above you have to determine that it wasn’t your fault for your injury and it was due to someone else.
Common Kinds of Personal Injury Cases
Here are some of the most common personal injury cases that seen the most:
- 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.
If you or a loved one have been involved in a personal injury case then don’t hesitate to reach out to a personal injury lawyer in Schaumburg, IL from the Therman Law Offices, LTD.
Personal Injury Lawyer Schaumburg, IL
Contact Therman Law Offices, LTD to learn more about the legal services we offer. If you need help with a personal injury case contact (773) 839-8944 to schedule a free consultation during which we can discuss the facts of your case.
Why Do I Need A Personal Injury Lawyer?
If you have suffered injury due to another party’s negligence you will need to prove liability. Doing this requires time, dedication, and constant effort. You need to retain a personal injury lawyer in Schaumburg, Illinois so the correct medical records and medical bills are requested and filed in one place. You need to make sure that any discovery documents are answered in a timely manner. If your case goes to trial, having an experienced personal injury trial lawyer can help you reach a settlement on the eve of trial.
What Damages May I Recover?
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.
Will The Information I Share With My Personal Injury Lawyer Remain Private?
Everything you say to your attorney is protected by the attorney-client privilege. This information remains confidential even after the legal representation ends. Even if you do not retain our firm your communications with us are still protected by the attorney-client privilege. You should communicate all the relevant facts of your case to your attorney. A personal injury lawyer needs these facts to assess your case and determine which legal arguments will be relevant to your personal injury case.
If you suffered any prior injuries you need to disclose this information to your personal injury lawyer. If you have had any lawsuits in the past to which you have been a party you need to inform your personal injury lawyer. Being transparent with your personal injury lawyer will help you develop a stronger case. The attorney-client privilege encourages clients to be frank and honest with personal injury lawyers.
Personal Injury Lawyer Schaumburg, IL – FAQ Continued
If you need a personal injury lawyer Schaumburg, Il you need look no further than the Therman Law Offices for the legal help you may need. We know you have lots of questions. If you have not found answers in the text above, please refer to the most commonly asked questions below.
Q: What, exactly, is a personal injury?
A: 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.
Q: How is personal injury defined in Illinois?
A: In Illinois, personal injury is based on the idea that your injury was:
a) Caused by another person
b) Is the result of that person’s negligence
Q: What is a personal injury lawyer and why do I need one?
A: A personal injury lawyer is an attorney who specializes in personal injuries. If you’ve received a personal injury you need an attorney like those at Therman Law Offices because the term, personal injury, covers so many types of damage, and because it’s not always easy to prove negligence.
Q: What are the four elements that must be proven in a personal injury case?
A: 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.
As you can see, proving negligence can be tricky. When working with an attorney like those at Therman Law Offices you are able to draw on their collective thirty-five plus years of experience with personal injury law. That experience is what sets them apart when you need a personal injury lawyer in Schaumburg, Illinois.
Q: How can I get my questions answered?
A: Once your immediate medical needs have been met, contact a personal injury lawyer in Schaumburg, IL at Therman Law Offices. We will schedule an initial consultation where we will carefully review your case in-depth to determine if it is a viable personal injury suit. Once that initial meeting is done, we will work closely together to prove the other party was at-fault. Contact a lawyer at Therman Law Offices today for help!
Contact Therman Law Offices, LTD To Schedule A Free Consultation
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.