Personal Injury lawyer Schaumburg, IL

Personal Injury lawyer Schaumburg, IL

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 reconstructionists 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.

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.

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.

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.
Scroll to Top