Wheaton is a suburban city in Illinois and is in the county seat of DuPage County. The city’s population is approximately 53,389 people. Residents and tourists alike can enjoy a number of activities in the area such as the Riverwalk, Cantigny Park, Morton Arboretum and the Cosley Zoo. In fact, the city has received the National Gold Medal Award for Excellence from the National Recreation and Park association four times. Just like in any other city, people in Wheaton often suffer injuries in accidents that were not their fault. If you or your loved one has been injured or lost their life in an accident that you believe was caused by someone else’s negligence, you may be able to sue for damages. At Therman Law Offices, our seasoned Wheaton personal injury attorneys can take a look at your case and help you determine your next steps.Personal Injury Law
Personal injury is an area of law that covers injuries to the body, mind or property when those injuries are caused by someone else’s negligence. Common examples of personal injury cases include car accidents, truck accidents, pedestrian accidents, slip and falls, defective product accidents, medical malpractice and workplace accidents. These types of accidents take place far more frequently than you may think. Statistics show that in 2016, unintended injuries or accidents were the third leading cause of death in the US, making up 5.9 percent of all deaths. In 2015, an approximate 146,571 individuals lost their lives as a result of unintended injuries, with the highest death rate from unintended injuries found among those aged 75 years of age or older.Suing After an Accident in Illinois
In the vast majority of personal injury cases, the injured party (i.e., the plaintiff) will file a negligence lawsuit against the at-fault party (i.e., the defendant) in an effort to recover compensation for his or her losses. Negligence is a common law cause of action that is recognized by Illinois courts, and an experienced personal injury lawyer in Wheaton can help you bring this kind of claim. In order to establish negligence, the plaintiff is required to demonstrate the following elements:
- The defendant owed the plaintiff a duty to use reasonable care;
- The defendant breached the duty of care owed to the plaintiff;
- The defendant’s breach was a direct and proximate cause of the accident; and
- The plaintiff suffered bodily injury or property damage as a result.
Reasonable care is defined on a case-by-case basis and depends heavily on the circumstances of the case. For example, if it extremely foggy outside, a driver will be expected to use more care and caution behind the wheel than on a clear and sunny day. Thus, to determine if a person’s conduct was reasonable, the relevant question that must be answered is: would a reasonably prudent person act the same way under the same circumstances?Compensation in Illinois Personal Injury Cases
When a person suffers injury in an accident, it can lead to long-term, even lifelong harm. In Illinois, there are two categories of damages that can be awarded in a personal injury case: compensatory damages and punitive damages, and a Wheaton personal injury attorney can help you pursue the type of damages most appropriate in your case. Compensatory damages are intended to put the plaintiff back in the position that he or she was in before the accident. Common examples of compensatory damages include medical expenses, rehabilitation costs, pain and suffering, lost income and benefits, and property damage. Punitive damages, on the other hand, are awarded with the intention of punishing the defendant and deterring others from engaging in similar reckless conduct. It is important to note that punitive damages are rarely awarded.Skilled Personal Injury Attorneys in Wheaton
If you or a loved one has been injured in an accident caused by someone else’s negligence in Wheaton, you may be entitled to compensation for your harm. At Therman Law Offices, our experienced injury lawyers have handled virtually all types of injury claims and can apply our knowledge to use in your case. Whether it’s a slip and fall accident or a motor vehicle crash, our legal team is prepared to assist. Call us today at 312-588-1900 or contact us online to learn more.