Catastrophic Injuries Attorney in Chicago, Illinois
According to statistics from the National Spinal Cord Injury Statistical Center (NSCISC), approximately 18,000 spinal cord injuries occur each year in the United States. Catastrophic injuries, such as traumatic brain injuries, organ damage, and spinal cord injuries, are usually devastating in nature. Unfortunately, such an injury may leave a victim with temporary or permanent impairment, bodily damage, or other long-term complications.
If you or a loved one has suffered a catastrophic injury due to another party's negligent actions, you may be eligible to pursue damages. At the Law Office of Anselmo Duran P.C., we're dedicated to offering experienced legal guidance to and advocating for the best interests of catastrophic injury victims and their loved ones. Our highly skilled Illinois personal injury attorneys can fight vigorously for your rights and help you seek fair financial compensation to cover your medical expenses, lost wages, pain and suffering, and other losses.
We proudly represent clients in Chicago, Illinois, and the surrounding areas of Lake County, McHenry County, DuPage County, Cook County, Will County, Kankakee County, Kane County, and Grundy County.
What Is a Catastrophic Injury?
A catastrophic injury can be described as a serious injury to a person's spine, brain, spinal cord, internal organs, or other parts of the body. It can also include spinal or skull fractures. Victims of catastrophic injuries may need multiple surgeries and extended recovery periods.
Examples of Catastrophic Injuries
The following are some common examples of catastrophic injuries:
Spine or spinal cord Injuries
Loss of sight, hearing, or other senses.
Internal organ damage
Multiple bone fractures
Head and traumatic brain injuries
Hip injuries/fractured pelvises
Permanent injuries to the central nervous system
Unfortunately, a person who suffers a catastrophic injury may have to go through a lengthy recovery process. An experienced attorney can help you explore your options for recovering damages and advocate for the fair outcome you deserve.
Personal Injury Claims in Illinois
Illinois is an at-fault auto insurance state. According to the state's fault laws, the party responsible for your catastrophic injury (the at-fault party) will be held financially liable for medical expenses, property damages, and other accident-related losses you suffered. To recover damages, you as the claimant can:
File a claim with your own insurer
File a claim against the insurance provider of the at-fault party
File a personal injury lawsuit against the at-fault party in civil court
Modified Comparative Negligence Rule
Additionally, Illinois follows the "modified comparative negligence" rule, with a 51% bar. Under this rule, a plaintiff may be able to pursue damages if they were equally or partially (50% or less) at fault for the injury or accident. However, the total compensation that may be recovered will be reduced by their degree of fault.
For instance, if the court planned to award you $100,000 in total damages for your catastrophic injury but found you to be 10% liable, your compensation would be reduced by $10,000. You will only receive 90% of the original $100,000 ($90,000). According to Illinois's modified comparative fault rule, you would ineligible to collect damages if you were found mostly (51% or more) responsible for the catastrophic injury or accident.
Statute of Limitations
The statute of limitations for personal injury cases in Illinois, including catastrophic injuries, requires victims seeking damages to bring a civil action within two (2) years from the date of the injury or accident.
Wrongful Death Lawsuits in Illinois
If the catastrophic injury resulted in the victim's death, their surviving loved ones may be able to recover damages through a wrongful death lawsuit. According to Illinois law, only the "personal representative" of the decedent's estate may be eligible to bring a wrongful death claim. A seasoned Illinois wrongful death attorney can help file your claim and pursue justice on your loved one’s behalf.
Possible Recoverable Damages
In a catastrophic injury claim in Illinois, damages may be recovered for the following losses:
Medical expenses, including the cost of current, ongoing, and future medical treatments
Lost income and benefits
Loss of earning capacity
Reduced life expectancy
Out-of-pocket expenses related to your injury, such as medications, medical equipment, attendant care, and medical supplies
Pain, discomfort, and suffering
Loss of consortium
Wrongful death damages, where applicable
A skilled lawyer can help you file a claim and attempt to recover the maximum available compensation for your injuries and damages.
Work With a Highly Skilled Legal Team
Catastrophic injuries often result in devastating, long-term ramifications for victims and their families. In some cases, a person may be subject to permanent incapacitation or total inability to function.
You don't have to suffer the challenges and financial liability all alone. If you believe a negligent party's actions caused your catastrophic injury, you should retain an experienced personal injury attorney to protect your rights and help you seek rightful compensation.
At the Law Office of Anselmo Duran P.C., we're ready to help you hold at-fault parties liable for your catastrophic injury. As your legal counsel, we can investigate every aspect of your case, work to establish fault and prove liability, and estimate case value. In addition, we can fight vigorously for your rights, aim to negotiate a fair settlement with your insurance provider, and take additional legal action where necessary.
Catastrophic Injuries Attorney in Chicago, Illinois
If you or someone close to you has sustained a catastrophic injury in a negligent accident, you deserve the chance to pursue fair compensation. Contact us at the Law Office of Anselmo Duran P.C. today to schedule a case assessment. Our legal team can offer you the compassionate representation and support you need in your catastrophic injury claim. We proudly serve clients across Chicago and its surrounding areas of Lake County, McHenry County, DuPage County, Cook County, Will County, Kankakee County, Kane County, and Grundy County.