An injury happens in an instant, but the effects can be long-term or even permanent. Injuries are always painful and traumatic, but when someone else’s careless, reckless, or wrongful action caused the injury, it adds to the trauma. Even worse, if the injury causes serious permanent consequences, it impacts all aspects of your life. In legal terms, this is a catastrophic injury.
It’s important to know your options under Illinois law after a catastrophic injury. Reach out to our catastrophic injury lawyer in Chicago for a free consultation today.
Illinois law considers any injury with permanent adverse consequences on the injury victim’s life to be a catastrophic injury. Common examples of catastrophic injuries include the following:
Injuries resulting in permanent disability interfere with earning ability, enjoyment of life, and even personal relationships. These are the damages in a catastrophic injury claim. Catastrophic injury claims are a category of personal injury tort law.
Illinois’s tort system operates on a modified comparative negligence system under 735 ILC 5/2-1116. Under this law, an injury victim has the right to seek compensation for their injury-related damages from the at-fault party or multiple parties who share fault. Typically, compensation in car accident or personal injury claims comes from the responsible party’s insurance policy.
Under this law, even if the injury victim contributed to the cause of the accident, they can still recover a portion of their damages, as long as they are less than 50% at fault. In that case, the insurer deducts the injury victim’s percentage of fault from the amount they pay on the claim.
Most personal injury claims recover compensation for damages such as medical expenses, lost wages, and pain and suffering. When an injury causes permanent harm, a crucial aspect of a compensation claim is projecting future damages. For instance, lifelong diminished earning potential, the costs of adaptive equipment, and future medical costs for ongoing care or potential complications.
Depending on the type of insurance, the total damages in an Illinois catastrophic injury claim may exceed the policy limits. While insurance, such as medical malpractice insurance after a malpractice injury, may have extensive coverage for a catastrophic injury, a negligent driver may carry only the state’s minimum required insurance coverage. If a claim against the policy limits of the at-fault party’s appropriate insurance policy doesn’t cover the total damages of your injury, your Illinois catastrophic injury lawyer may file a lawsuit petition against the at-fault party to recover further compensation. Illinois does not limit or cap damages in personal injury claims.
In some cases, the circumstances of a catastrophic injury allow third-party claims against other entities that contributed to the injury. For example, after a staircase slip-and-fall accident caused by a cracked stair riser, the injury victim could file a property liability claim against the negligent property owner and a defective product claim against the manufacturer of the defective fiberboard that caused the stair riser to crack.
An experienced Chicago personal injury attorney pursues all avenues for your compensation after a catastrophic injury.
"*" indicates required fields