Unfortunately, many unexpected types of accidents befall people throughout Illinois each day. If you have suffered serious harm in an accident that was not your fault, you may be entitled to compensation for your injuries. At Therman Law Offices, our Wheaton and Schaumburg personal injury lawyers are committed to holding careless parties accountable for the harm that they cause. We understand how difficult this time may be for a victim, and we want to make the process as seamless as possible for you. If you need a car accident attorney, representation after a slip and fall, assistance in a nursing home negligence claim, or guidance in any other personal injury case, we are prepared to offer you the compassionate counsel that you deserve.Holding People and Entities Accountable for Negligent Conduct
Personal injury law covers situations in which a person is hurt in an accident caused by someone else’s carelessness or wrongdoing. Some of the more common examples of these accidents include car crashes, truck accidents, motorcycle accidents, slip and falls, medical malpractice, construction accidents, and situations in which a poorly designed or manufactured product causes injuries to a consumer.
Most personal injury claims are rooted in the legal theory of negligence. Negligence takes place when a party causes an injury or death by failing to use proper care in their actions or omissions. For instance, each person has an obligation to act prudently to prevent predictable harm to others. In order to win on a negligence claim, the plaintiff must establish the following elements:
- The defendant owed the plaintiff a duty to use a certain degree of care;
- The defendant breached the duty to use that degree of care;
- The defendant’s breach was a direct cause of the accident and the plaintiff’s resulting harm; and
- The type of harm that occurred was foreseeable.
For example, if a driver causes an accident due to excessive speeding, that driver will likely be liable for the resulting injuries. This is because a prudent driver would understand the risk of accidents associated with excessive speeding. Additionally, injuries to someone else on the road would be a foreseeable type of harm that might be expected to result from excessive speeding.
Personal injury lawsuits must be filed within a certain time frame in Illinois. If you do not file your claim in civil court by the required deadline, you may lose your right to compensation altogether. Thus, it is important to work with a personal injury attorney in Schaumburg or Wheaton who will be vigilant about deadlines in your case.
Illinois follows a modified comparative negligence principle, in which fault is apportioned to each party involved. Put another way, your total award will be reduced by your amount of fault. For instance, if you are determined to have been 20 percent at fault, your total award will be reduced by that amount. Thus, if you can prove that you sustained a total of $250,000 in damages following a car crash, you will ultimately take home $200,000 in compensation. It is important to note that under Illinois’ modified comparative negligence rule, a plaintiff who is deemed to be 50 percent or greater at fault will not be able to recover any damages.Contact a Knowledgeable Personal Injury Lawyer in Schaumburg or Wheaton
Serious accidents often leave victims and their families physically, financially, and emotionally devastated. If you were injured or someone close to you was killed in an accident caused by someone else’s negligence, we can help. The Wheaton and Schaumburg personal injury attorneys and staff at Therman Law Offices have the skill to protect your rights at every step of the way. We also represent victims in cities such as Roselle, Carol Stream, Glendale Heights, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, and Westmont. Call us at 312-588-1900 or contact us online for a free appointment with a wrongful death attorney or assistance in a personal injury claim.