While a serious personal injury takes an immense physical, emotional, and financial toll, catastrophic injuries can prevent someone from returning to work or maintaining employment, oftentimes leading to additional distress. A study conducted by researchers at Harvard University found that more than half of all consumer bankruptcies are filed by people whose medical expenses have spiraled out of control after suffering a major illness or severe injury. Simple costs, such as hospitalization and medication, can gradually accumulate and eventually leave an accident victim and his/her family financially destitute.
If you or a loved one have been affected by a life-changing and traumatic injury, speak with an experienced and award-winning Chicago catastrophic injury attorney. Duncan Law Group can look into your claim and ensure that you are provided fair compensation for the losses that you have suffered.
What Is a Catastrophic Injury?
Catastrophic injuries, by definition, leave victims dealing with life-altering trauma that are long-lasting or even permanent. A catastrophic back injury could lead to paralysis; a serious traumatic brain injury (TBI) could result in lifelong medical complications. In addition to causing immense pain and suffering, the families of the victims may find their lives changed in order to ensure that the injured person is adequately cared for during this time.
One of the defining characteristics of catastrophic injury is determining the extent that the injury affects the overall quality of life of the person it affects. If basic and regular activities have become an extreme burden, you may be suffering from a catastrophic injury.
Common Catastrophic Injuries
Common injuries that may be considered “catastrophic” include:
These injuries can have a devastating impact on the lives of accident victims; an impact which usually spreads to the lives of their family members and them struggling to cope with the aftermath of the incident. If you or someone you love has been catastrophically injured, you should waste no time in contacting a Chicago catastrophic injury lawyer from Duncan Law Group. Your initial consultation is free!
Common Causes of Catastrophic Injuries in Chicago
Catastrophic injuries in Chicago often occur in high-risk environments and on busy roads throughout the city and surrounding areas. Common causes include:
An experienced Chicago personal injury attorney can work to identify every liable party, from negligent drivers and employers to property owners, healthcare providers, and product manufacturers.
Recoverable Damages in a Chicago Catastrophic Injury Claim
Because catastrophic injuries are so severe, the financial stakes in these cases are often substantial. In Illinois, victims may pursue several categories of damages in a catastrophic injury claim:
- Economic damages: Medical expenses (past and future), rehabilitation, assistive devices, in-home care, lost wages, loss of future earning capacity, and other out-of-pocket costs.
- Non-economic damages: Pain and suffering, emotional distress, disability, disfigurement, loss of enjoyment of life, and loss of consortium.
- Punitive damages: In rare cases involving willful or reckless misconduct, punitive damages may be available to punish and deter especially egregious behavior.
Illinois does not impose caps on economic or non-economic damages in ordinary personal injury cases, including most catastrophic injury claims. This allows seriously injured people to seek full compensation for their losses. Skilled Chicago catastrophic injury attorneys can help document the full extent of your losses and present a compelling case for maximum compensation.
How Duncan Law Group Fights for Your Future in Chicago
Serious injuries can be emotionally and financially devastating. Beyond the cost of paying for the treatment you need to recover or even to survive, you may be facing a future in which you will be unable to earn an income to support yourself and your family, whether you are partially or totally disabled.
These costs might include:
- Hospitalization
- Prescription Medication
- Surgery
- Medical Testing
- Rehabilitation
- Physical Therapy
As a result, many people end up depleting their savings, children’s college funds, investments, and retirement accounts, watching their future plans evaporate under the weight of everyday living expenses.
A catastrophic injury claim is not only about money; in addition to pursuing monetary damages for your medical bills and your lost present and future income, but you also have a right to compensation for the pain, suffering, and emotional distress. Your life may never be the same again, but you may be able to receive payment to help offset the considerable emotional and physical toll inflicted by your injury.
Contact Our Chicago Catastrophic Injury Lawyers Today For Skilled Legal Guidance
To learn how much your case may be worth and to take the first steps in your claim for damages, contact Duncan Law Group now for a free consultation with an experienced Chicago catastrophic injury attorney.
Catastrophic Injury FAQs
What qualifies as a catastrophic injury under Illinois law?
The term catastrophic injury generally describes a serious injury that causes permanent or long-term impairment, prevents the victim from returning to work, or significantly diminishes their ability to live independently. Common examples include traumatic brain injuries, spinal cord injuries, paralysis, amputation, severe burns, multiple fractures, and internal organ damage. The Illinois Department of Transportation classifies these as "A-Injuries" when they prevent the victim from continuing activities they performed before the accident.
How long do I have to file a catastrophic injury claim in Illinois?
Under 735 ILCS 5/13-202, the statute of limitations for personal injury lawsuits in Illinois is generally two years from the date of the injury, but exceptions exist. Other situations, including claims against a local public entity such as the City of Chicago or the CTA under the Tort Immunity Act, wrongful death claims, medical malpractice cases, claims involving minors, and injuries that were not immediately discovered, may follow different timelines.
Every catastrophic injury case carries its own set of timing considerations. If you have questions about which statute of limitations applies to yours, the team at Duncan Law Group is here to help. Contact us at (312) 202-3283 to get started.
Can I still recover compensation if I was partially at fault?
Yes, in many cases. Illinois follows a modified comparative negligence rule with a 50% bar under 735 ILCS 5/2-1116. As long as you are 50% or less at fault, you can recover damages, although your compensation will be reduced by your percentage of fault. For example, a $1 million award reduced by 20% fault would yield $800,000. If you are 51% or more at fault, you cannot recover anything.
How much is my catastrophic injury case worth in Illinois?
Case value depends on the severity of the injury, future medical needs, lost earning capacity, available insurance coverage, and the strength of liability evidence. Every case is unique, and no two settlements look alike. Contact Duncan Law Group at (312) 202-3283 for a free consultation to better understand what your case may be worth.
What should I do immediately after suffering a catastrophic injury?
Medical care comes first. Some catastrophic injuries, including traumatic brain injuries and internal bleeding, may not show full symptoms for hours or days, so prompt evaluation creates a critical record. Next steps involve preserving evidence by photographing the scene if possible, keeping copies of all medical records and bills, tracking missed work and out-of-pocket expenses, and avoiding recorded statements or settlement offers from insurance adjusters until speaking with a catastrophic injury attorney.
How much does it cost to hire a Chicago catastrophic injury lawyer?
Duncan Law Group handles catastrophic injury cases on a contingency fee basis, meaning you pay nothing upfront and owe no attorney fees unless we recover compensation for you. Initial consultations are always free and confidential. Call (312) 202-3283 today to speak with our team.
