A sudden serious injury can feel like the rug was pulled out from under your life. Fortunately, the body is resilient and can fully recover from most injuries; however, some injuries cause permanent harm and leave the injury victim facing adverse consequences to their earning ability and an uncertain future. In legal terms, this is a catastrophic personal injury.
If you or a close family member suffered a catastrophic injury in Chicago or the surrounding area, call Smith LaCien LLP for experienced legal representation with a personal injury lawyer in Chicago to prioritize your best interests.
Most personal injury claims are filed against the responsible party’s insurance. Sadly, insurance companies are not on your side and may try to undermine your claim. With Smith LaCien LLP, your case has the following significant advantages:
With our firm, you pay nothing upfront for our legal representation. Instead, we only get paid once we have recovered your compensation.
When an injury causes permanent physical harm to the injury victim, it’s a catastrophic injury. If the injury was caused by someone else’s actions or negligence, then the injury victim doesn’t have to be left responsible for the financial impacts of the injury as well as the devastating physical and emotional consequences.
Catastrophic injury claims are made for injuries such as the following:
After a catastrophic injury, the injury victim may face permanent disability or other adverse, life-altering effects that cause expenses at the same time the injury victim may be unable to return to work in their previous capacity, or at all.
It typically takes severe physical trauma to cause a catastrophic injury. An injury victim may only file a compensation claim or lawsuit if the injury occurred due to someone else’s carelessness, recklessness, or intentional wrongdoing, all of which are examples of legal negligence. Common causes of catastrophic injuries in Chicago include the following:
Under the modified comparative negligence law in Illinois, an injury victim may still seek a portion of their damages even if they contributed to the cause of their injury, as long as they were less than 50% at fault, but the insurance company deducts their percentage of fault from the value of their claim.
Claiming that someone else caused your catastrophic injury and related damages isn’t enough. The insurance system and civil courts require compelling evidence of the responsible party’s liability. An injury victim seeking compensation is the plaintiff in the case with the burden of proof. The evidence presented must demonstrate that the at-fault party’s actions meet the following legal elements of liability:
The at-fault party owed the injury victim a reasonable duty of care, such as a driver’s duty to follow traffic laws.
They breached their duty of reasonable care to the injury victim through negligence.
The breach of duty caused the victim’s injury.
The injury victim suffered damages from the injury, including both physical harm and financial costs.
Proving a breach of the duty of care in malpractice cases is different because doctors owe their patients more than a duty of reasonable care. Instead, medical professionals owe a special duty of care to provide treatment to a patient at the level of care considered acceptable by the medical community. Proving liability in medical malpractice requires showing that the provider didn’t uphold the medical community’s standard of care.
Injury victims must also show that they’ve suffered economic and non-economic damages from their injury. A successful catastrophic injury claim in Chicago recovers damages such as the following:
Additional compensation is available for catastrophic injury victims due to the permanent nature of their injuries.
Most injury claims for compensation are filed against the appropriate insurance company, like medical malpractice insurance after a surgical error, or auto insurance after a car accident. Unfortunately, insurers are not on your side and may actively try to undermine your case. For example, they may assign you an undue percentage of fault for a car accident to reduce your compensation by the amount of fault they claim you bear for the accident. A Chicago catastrophic injury lawyer from Smith LaCien does the following:
Most claims are resolved through an ample settlement when you have an attorney on your side; however, at Smith LaCien LLP, we prepare as though for trial throughout the process, so we are trial-ready should your case require court.
You don’t have to leave your crucial catastrophic injury claim in the hands of an insurance company with goals that directly conflict with yours. Instead, call Smith LaCien LLP and let your lawyer put decades of experience behind your claim so you can focus on reaching the maximum medical improvement for your injury.
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