What Damages Can I Recover for a Herniated Disk?

A herniated disk is a relatively common injury, often occurring due to repetitive motions while performing daily tasks. In cases where someone else’s actions cause you to suffer a herniated disk, you may qualify for legal action against the liable party.

Herniated disks can be quite painful and lead to limited mobility for quite a while; pursuing a lawsuit can help you recover from the physical, financial, and emotional impact of the injury. However, it is important to know which damages you qualify for.

What Is a Herniated Disk?

The spinal column is made up of a series of bones, called vertebrae, which protect the spinal cord. Between each vertebra is a spinal disk, a rubbery structure that prevents the vertebrae from rubbing together. There are two components of a spinal disk: the annulus, or the tough, rubbery exterior, and the soft center or nucleus.

A herniated disk occurs when the annulus tears, causing the nucleus to push out. This injury can occur in any part of the spine, leading to the following symptoms.

While herniated disks often occur due to gradual wear and tear over time, some injuries occur due to a traumatic event. For example, severe impact during a car accident can cause a disk to slip out of place. Falls from high places may also lead to this injury.

Economic and Non-Economic Damages Available in a Herniated Disk Claim

If you are injured in an accident caused by someone else and develop a herniated disk, you may be eligible for financial compensation. Depending on the circumstances surrounding your injury, you could pursue an insurance claim or lawsuit against the liable party.

There are two categories of damages that you can recover for a herniated disk. You can recover compensation for economic damages, or the financial losses that you suffered in the accident. You can also secure damages for the physical and psychological pain and suffering that you endured.

Below are just a few examples of the compensation that you could recover in a herniated disk claim:

When pursuing a herniated disk claim, it is important to accurately estimate your damages so that you can recover the compensation that you deserve. A Chicago injury attorney can help you calculate the full extent of your losses and advocate for the highest possible settlement.

Speak to an Illinois Attorney

By filing a herniated disk claim, you can hold the at-fault party accountable for the losses that you endured. In order to secure a settlement, however, you will need to show that the defendant’s actions caused your accident and resulting herniated disk injury. Depending on your case, proving your right to compensation can be a complicated task.

In these situations, an attorney can help. A lawyer can conduct an investigation into your case, gather relevant evidence, and craft a compelling case in your favor. Contact an attorney as soon as possible following the incident to discuss your next steps.

What Is a Hypoxic Brain Injury?

Brain injuries can have a drastic impact on your daily life. Depending on the location and severity of the damage, you could require lifelong medical care and experience difficulties with movement, memory, concentration, feeling, and more.

Hypoxic brain injuries, also known as hypoxia, are a type of brain injury that occurs when you suffer prolonged oxygen loss. The longer that your brain is deprived of oxygen, the more severe and life-threatening the condition will be.

Common Causes of Hypoxic Brain Injury

To survive, the brain needs a steady supply of oxygen. Without a reliable source of oxygen, the cells in your brain will begin to die, leading to permanent and life-altering complications. Brain cells cannot regenerate, meaning that once a cell is dead, it is gone forever.

When oxygen to the brain is partially cut off, you can develop a hypoxic brain injury. There are many situations where hypoxia may occur, such as the following:

Treatment for Hypoxic Brain Injury

If you develop a hypoxic brain injury, it is important to call 911 and seek emergency medical attention as soon as possible. Hypoxia is a serious condition and can lead to a coma or death without intervention. Seeking medical care can help reduce the injury’s impact.

After stabilizing your condition, your medical team will evaluate the severity of the brain damage and determine if you have experienced any permanent damage. From that stage, treatment for hypoxia will focus on managing symptoms and helping you learn or regain certain skills, such as movement and speech.

Is It Possible to Recover from a Hypoxic Brain Injury?

Hypoxic brain injuries are very serious and can lead to lifelong impairments. However, patients with hypoxia typically respond better to treatment than patients who suffer from anoxia, or complete oxygen loss. As a result, it may be possible to recover from a hypoxic brain injury partially or fully.

However, your recovery timeline will depend heavily on your unique case. The symptoms and effects of hypoxia can vary based on the severity of the injury and the affected location. Your care team will discuss your next steps with you and your loved ones to ensure that you understand your prognosis.

Filing a Brain Injury Lawsuit in Illinois

Hypoxic brain injuries can occur due to several factors, including negligence. If you developed hypoxia because of someone else’s wrongful actions, you may be eligible for legal action and financial compensation. In these situations, it is important to consult with a Chicago brain injury lawyer.

Under Illinois law, hypoxia victims may qualify for a lawsuit against a liable party if his or her negligence caused the injury to happen. By filing a brain injury lawsuit, you could recover a settlement to pay for several losses associated with your condition, such as the following:

An experienced Chicago personal injury lawyer can craft a compelling case for your right to compensation, advocating aggressively for your maximum settlement. Contact a lawyer as soon as possible following your accident to identify your optimal path to recovery.

What Happens If Your Spinal Cord Is Severed?

The spinal cord is one of the most important structures in the human body. It is responsible for transmitting messages between your brain and the rest of your body, impacting movement, function, and feeling. If any damage to the spinal cord occurs, the victim can develop permanent limitations.

A severed spinal cord is one of the most severe injuries that you could sustain, often resulting in permanent paralysis. If your spinal cord is severed and someone else is responsible for your injury, you could pursue legal action against the at-fault party.

Common Causes of a Severed Spinal Cord

The spinal cord is a long bundle of nerves that extends from the base of the brain to the lower back. It is protected by several layers of tissue as well as the bones in the spinal column. While these structures are in place to keep the spinal cord safe, it can still be severed during an accident, medical procedure, or act of violence.

According to the National Spinal Cord Injury Statistical Center (NSCISC), the most common causes of spinal cord injuries include the following.

The Long-Term Impact of a Severed Spinal Cord

There are two main types of spinal cord injuries: complete and incomplete. If you experience an incomplete spinal cord injury, you retain some movement and sensation below the injury site. If you sustain a complete injury, you will lose all feeling and function because your body is unable to communicate with your brain below the injury.

If your spinal cord is severed, you will sustain a complete spinal cord injury. Depending on the location of the injury, you could develop paraplegia, or paralysis in the hips and legs, or quadriplegia, which affects the upper and lower body.

To treat your condition, you may require corrective surgery, mobility equipment, and physical therapy. You may be unable to return to work or perform daily tasks without assistance. The lifetime cost of a complete spinal cord injury can be very high; according to the NSCISC, average lifetime expenses can range anywhere from $1.6 million to $5.1 million.

What to Do If Your Spinal Cord Is Severed

If you have sustained a severed spinal cord, you may wonder what to do next. The physical, financial, and emotional toll of the injury can be difficult to bear. However, if someone else’s actions caused your severed spinal cord, you may be eligible for financial compensation.

Depending on the circumstances surrounding your injury, you could file an insurance claim or personal injury lawsuit against the responsible person or entity. Motor vehicle drivers, medical professionals, property owners, coworkers, manufacturers, and many other parties may be liable for your injuries.

In these situations, it is important to speak with an attorney as soon as possible. A Chicago personal injury lawyer can evaluate your case and help you identify your optimal path to justice. Contact an attorney after your accident to discuss your legal options.

Incomplete vs. Complete Spinal Cord Injuries

A spinal cord injury occurs when you sustain damage to the sensitive bundle of nerves and cells that run from the base of the brain to the lower back. Victims of spinal cord injuries often pay millions of dollars for treatment over their lifetimes, often requiring mobility equipment, physical therapy, and ongoing care. If you or a loved suffered a serious spinal injury, a Chicago spinal injury attorney can help.

The severity of spinal cord damage depends on the location and the type of injury that the victim sustained. There are two categories of spinal cord injuries: incomplete and complete.

What Is a Complete Spinal Cord Injury?

A complete spinal cord injury occurs when you lose all movement, sensation, and function below the site of your injury. This type of spinal cord damage often results in paraplegia, or the total loss of mobility in the hips and legs, or tetraplegia, which affects the upper and lower body.

Complete spinal cord injuries require extensive treatment and medical care. According to the National Spinal Cord Injury Statistical Center (NSCISC), lifetime treatment costs for tetraplegia can range from $2.3 million to $5.1 million dollars. The exact cost depends on the location of the injury and your age at the time of the injury.

What Is an Incomplete Spinal Cord Injury?

An incomplete spinal cord injury does not result in a total loss of feeling and function. You may have some movement and sensation below the injury site. In some cases, one side of the body is affected more than the other. The level of mobility that you retain will depend on the severity of your injury.

According to researchers, people with incomplete spinal cord injuries may be more likely to make a full recovery than those with a complete injury. Additionally, the cost to treat an incomplete spinal cord injury is usually lower than most complete injuries.

However, incomplete spinal cord injuries still have a major impact on your life. Lifetime treatment costs can total hundreds of thousands of dollars and higher. You may require mobility equipment and live-in care. In some cases, you may be unable to work due to your injury.

Legal Options for Spinal Cord Injury Victims

A spinal cord injury can severely impact your life. If someone else is responsible for your accident, you have the right to hold him or her accountable for your injuries. By filing a claim against the at-fault part, you can recover compensation for medical expenses, property damage, pain and suffering, and more.

Depending on the cause of your spinal cord injury, you could file an insurance claim or lawsuit against the defendant. However, proving a spinal cord injury claim can be very complex and require a great deal of evidence, resources, and legal knowledge. In these situations, it is important to speak with a personal injury lawyer.

An attorney can help you understand your legal options and identify your optimal path to compensation. He or she will advocate aggressively for your right to recovery and help you hold the at-fault party accountable for your injuries, securing the settlement that you deserve.

As soon as possible following your accident, contact an attorney with experience handling spinal cord injury claims to discuss your legal options.

Illinois Subrogation Statute

After an unexpected accident, few people can pay for their medical bills or vehicle repairs out of pocket. While waiting for an insurance claim or personal injury lawsuit to conclude, it is common for Illinois residents to direct payments through their insurance companies.

Once a settlement is reached, however, these entities may demand compensation for previous payments made on the plaintiff’s behalf. This process is known as subrogation.

The Subrogation Process in Illinois

Subrogation is a common term that you may hear throughout your injury case. Essentially, subrogation occurs when an entity—typically a health insurance carrier or auto insurance company—requests reimbursement for previous payments made on your behalf.

Personal injury cases can take a year or even longer to reach a conclusion. If you require life-saving treatment or need vehicle repairs quickly, you cannot always wait to receive a settlement. As a result, you may direct the payment to your insurance company. At the conclusion of your claim, you may need to provide a portion of your settlement to these entities.

For example, say that you are severely injured in a car accident and require emergency surgery. After the procedure, you receive a $15,000 bill. Not wanting to fall into debt while waiting for your claim to conclude, you send the claim to your insurance company, who pays the bill.

During your case, your personal injury attorney will take full inventory of your damages, including your medical expenses. He or she will include that $15,000 bill as part of your settlement. When you receive the award, you will still have the compensation you need to pay for your other damages and losses—you just need to give back what the insurance company has already paid.

Illinois Laws on Subrogation

Like many other processes, Illinois maintains strict rules and procedures regarding subrogation. For example, Illinois state courts may still enforce subrogation rights even if you do not receive full compensation for your injuries. Additionally, insurance companies may pursue a lawsuit if they do not receive reimbursement from upfront payments.

Subrogation actions are subject to a two-year statute of limitations. If the company fails to file the lawsuit within two years of the date of your injury, the court will likely dismiss the case. Facing a subrogation lawsuit can be a challenging experience, so it is important to know which payments must be made to the insurance company ahead of this escalation.

Speak to an Illinois Personal Injury Attorney

Navigating subrogation during an Illinois personal injury claim can be complex. In these situations, hiring an attorney can help. A Chicago accident lawyer can evaluate the full extent of your damages and explain which payments may be subject to subrogation.

Using this information, your attorney will fight for your maximum possible compensation and help you secure the settlement that you deserve. As a result, you can pay for the future costs of your medical treatment, reimburse any lost wages or benefits, and recover compensation for non-economic pain and suffering losses.

After your accident, seek medical treatment as soon as possible, even if you do not feel hurt. Once you are able, contact a personal injury attorney to schedule a free consultation and discuss your legal options.

What Is a Letter of Representation?

When you are filing an insurance claim, you may want to hire a lawyer to represent your case. During this process, your attorney will draft a legal notice called the Letter of Representation and send it to the insurance company. This document informs the insurance carrier that your lawyer will take over your claim and requests valuable information to support your case.

Understanding the Letter of Representation

A letter of representation serves as the first point of communication between the insurance carrier and your personal injury lawyer. In this letter, the attorney has the opportunity to introduce himself or herself, explain that you have obtained legal representation, and make it clear that any communication from the company should be with the attorney rather than you.

Additionally, your attorney will use the letter of representation to confirm coverage for the accident and request important information, such as a copy of the relevant insurance policy. Your lawyer will also provide his or her contact information for the insurance claims adjuster.

The purpose of the letter of representation is to signal to the insurance company that you have obtained a lawyer and are serious about obtaining a settlement. Once your lawyer sends the letter, you do not need to correspond with the claims adjuster. Your attorney will handle all aspects of your claim on your behalf.

If an insurance adjuster does contact you after the letter of representation is sent, simply state that he or she will need to speak with your attorney. Keep your interaction brief and do not answer any questions. Afterwards, contact your attorney and inform him or her that the adjuster contacted you.

Do You Need an Attorney for an Insurance Claim?

When you are involved in an accident, it can be easy to wonder whether you should hire a lawyer. You may believe that the incident was straightforward and that you shouldn’t face any issues while recovering compensation. However, hiring a lawyer can help protect your best interests during this process.

An insurance company’s goal is to protect its bottom line and paying a maximum settlement to each and every claimant does not help achieve this goal. As a result, these companies often search for ways to minimize a potential award.

On the other hand, a lawyer’s job is to protect your interests and help you recover the compensation you deserve. An attorney can provide several benefits to an insurance claim, including the following:

After your accident, seek medical attention as soon as possible and save all relevant evidence. Once you receive treatment, do not speak with the insurance company. Instead, contact a Chicago accident attorney to discuss your case and strategize your next steps.

What Are the Different Types of Negligence?

To recover compensation in a personal injury lawsuit, you must prove that the at-fault party’s negligence caused your accident and resulting injuries. However, determining liability is not always straightforward. There are multiple types of negligence that arise in civil courts across the United States, including comparative negligence, contributory negligence, and gross negligence.

Pure Comparative Negligence

In some personal injury claims, the plaintiff and the defendant are partially responsible for the accident. Under states that follow a pure comparative negligence system, the plaintiff’s portion of liability will be deducted from his or her personal injury settlement.

For example, if a plaintiff requests $50,000 in compensation after an accident but is responsible for 40% of the accident, he or she will receive $30,000. In a pure comparative negligence state, plaintiffs can recover compensation even if they are 99% responsible for the accident.

Contributory Negligence

Under contributory negligence systems, a plaintiff cannot recover compensation after an accident if he or she is partially responsible. If a plaintiff contributed to the accident in any way, he or she would not recover a settlement at all.

For example, if a plaintiff is 40% liable for an accident in a contributory negligence state, he or she would not recover any compensation. Many states are repealing contributory negligence rules in favor of a fairer system.

Modified Comparative Negligence

Modified comparative negligence rules are a combination of contributory and pure comparative negligence systems. In a modified comparative negligence state, a plaintiff’s percentage of fault will be deducted from his or her overall award. If the plaintiff’s liability exceeds a certain threshold, he or she would not be eligible for a settlement.

Illinois is a modified comparative negligence state where injured plaintiffs can recover damages only if he or she holds less than 50% of the liability. If the plaintiff holds 50% or more of the fault, he or she would not recover any compensation.

Gross Negligence

Gross negligence concerns the actions of a defendant rather than a plaintiff’s potential liability. If a defendant’s actions show a complete disregard for others’ safety and wellbeing, he or she could be guilty of gross negligence. If the case involves an intentional act, such as physical assault, a defendant may also be liable for gross negligence.

Gross negligence differs greatly from ordinary negligence, in which a person does not mean to cause harm. If you can prove that a defendant committed gross negligence, you may be eligible for additional compensation in the form of punitive damages.

Hire a Personal Injury Lawyer

Negligence in personal injury lawsuits can be highly complex, but it is important to fully understand these concepts. In order to secure compensation in your claim, you must prove that the at-fault party’s actions are responsible for your losses. You must also protect yourself against allegations of shared fault.

If you plan on filing a personal injury claim in Illinois, speak to a lawyer as soon as possible. With the guidance of a Chicago personal injury attorney, you can navigate the legal process, gather the evidence you need to prove your claim, and protect your best interests from consultation to settlement.

After you receive medical attention for your injuries, contact a lawyer. Your attorney will evaluate your case, discuss your legal options, and strategize your optimal path to maximum recovery.

Can a Pre-Existing Injury Affect My Personal Injury Claim?

When discussing personal injury cases, many people assume that the victim was in perfect health before the accident. However, this is rarely the case. Millions of people across the United States live with a pre-existing condition, such as a previous injury or a chronic illness.

Whether it be a bad back or an extremely fragile skull, a pre-existing injury could complicate a personal injury claim. However, your injury should not prevent you from recovering compensation as long as you have a valid case.

How a Pre-Existing Condition Could Affect a Personal Injury Claim

When you file a lawsuit after an accident, you are holding the at-fault party accountable for the losses you experienced due to that accident. If you have a pre-existing injury, it can be difficult to discern whether or not your damages are related to the accident or a symptom of your previous condition. You can only collect compensation for the new injuries you sustained, as well as any aggravation of your pre-existing injury.

In these situations, it is important to schedule a consultation with a Chicago personal injury lawyer. Your attorney will have access to valuable resources to prove your right to certain damages. For example, he or she can enlist the help of an expert medical professional who can evaluate your injuries and testify on your behalf.

The Eggshell Skull Rule and Illinois Personal Injury Lawsuits

If you have a pre-existing injury, it is very common for the at-fault party’s defense attorney to attempt to use this information against you. The defense may claim that your injuries make you more susceptible to damages than the average person and therefore the at-fault party shouldn’t be liable for your damages. According to a legal doctrine known as the eggshell skull rule, however, you still have the right to recover full compensation.

The eggshell skull rule states that a victim in a personal injury lawsuit can hold the at-fault party accountable for their damages, regardless of previous injury. For example, say that a person with a skull as fragile as an eggshell is involved in a car accident and sustains a very severe brain injury. The at-fault driver must pay for the damages that the victim suffered, even if the injuries are significantly worse than what a person with a harder skull would have sustained.

Pre-Existing Injuries and Insurance Claims

Many personal injury lawsuits begin as insurance claims, such as motor vehicle accidents and premises liability cases. During the insurance process, it is common for the company to search through a claimant’s medical history and attempt to find evidence that the accident did not affect your health. The company may claim that your pre-existing injury is responsible for the symptoms you experienced, not the accident.

As a result, it is very important to hire a lawyer to represent your case. Your attorney can evaluate your complete medical history and consult with experts to strengthen your claim. When negotiating with the insurance company, your lawyer can advocate for your maximum compensation and help establish your right to maximum recovery.

What to Do After an Accident in Illinois

As soon as possible following your accident, seek emergency medical attention and save all records related to your treatment and injuries. If possible, collect any evidence that you have about your pre-existing injury. Once you gather this information, contact a personal injury lawyer to discuss your case and legal options.

Can I Hold My Auto Mechanic Liable for Negligence?

In Illinois, car accidents can happen for many reasons. In many cases, a driver’s negligent actions cause a collision, such as running a red light or driving under the influence of alcohol or drugs. Poor weather conditions, low visibility, road defects, and defective auto parts can also be responsible.

However, some vehicle issues are the fault of an auto mechanic who failed to install a component correctly or committed another error while repairing a vehicle. If you believe that your mechanic is responsible for your car accident, you could file a lawsuit or insurance claim against him or her.

Mechanic Liability for Car Accidents

Like most states, Illinois follows a fault-based system when it comes to car accidents. Victims have the right to hold negligent parties liable for any damages that occur in accidents they cause. These at-fault parties are typically other drivers. However, government agencies, manufacturers of defective parts, and auto mechanics may also be financially for responsible for any collisions that occur due to their negligence.

Mechanics have a duty to uphold a certain standard of care while providing services to their clients. If the mechanic breaches this duty of care and causes a condition that later leads to car accident, he or she would be responsible for any damages that the victim sustains.

Examples of auto mechanic negligence include the following.

What to Do If You Sustain Mechanic Negligence

Proving a car accident claim in Illinois is not always easy, especially in cases involving mechanic negligence. To secure compensation in your case, you will need to prove that the mechanic’s actions breached his or her duty of care and caused your accident and subsequent damages. You will need to gather significant evidence to prove the mechanic’s liability, including medical records, police reports, and reports from vehicle experts who can pinpoint the negligent act.

If you plan on filing a claim against a mechanic, you need an attorney on your side. A Chicago car accident lawyer can provide you with the resources, experience, and knowledge necessary to gather the evidence you need to prove the mechanic’s liability. Bring your evidence to an attorney as soon as possible following your accident to discuss your legal options.

Types of Torts

A tort is a legal term that refers to cases involving a civil wrong that causes harm or loss to a person. As a result, the affected person could file a legal claim against the person or entity responsible for his or her loss or harm.

If you have been injured or suffered losses due to another party’s actions, you could file a lawsuit against him or her in Illinois civil court. There are three main types of torts: negligence, strict liability, and intentional tort.

Negligence Tort Cases

Negligence-based claims are the most common types of torts. In these claims, the defendant breaches a certain duty of care to the victim, leading to his or her injuries and losses. To secure compensation in a negligence claim, you must provide clear evidence that proves each of the following elements.

If you can establish each of these elements, you can prove the defendant’s negligence and his or her liability for your losses. You can then secure a settlement for the damages you sustained in the accident. Examples of negligence torts include car accidents, premises liability claims, medical malpractice, pedestrian accidents, and slip and falls.

Strict Liability Tort Claims

To prove liability in claims involving negligence, you must prove that the at-fault party’s breach of duty caused the incident and your resulting injuries. However, strict liability claims do not require the presence of negligence in order for the defendant to be at fault for your losses.

In strict liability torts, the at-fault party is financially responsible for all damages that a victim suffers in certain situations, regardless of negligence. Defective product liability claims typically fall under strict liability. In Illinois, dog owners are strictly liable for any dog bite injuries caused by their pets unless the victim provoked the animal.

Intentional Torts

Intentional torts involve any crime or wrongdoing committed by a defendant that results in harm to the victim. These types of claims involve intentional, malicious harm, rather than accidental or careless actions. In these situations, you can pursue criminal charges against the defendant as well as a civil lawsuit.

Examples of intentional torts include the following.

Contact a Lawyer

If you believe that you qualify for a tort case, it is important to speak with a Chicago personal injury attorney as soon as possible. Tort claims can be highly complex, and you will need significant resources and legal knowledge. Navigating the litigation process can be difficult without an attorney on your side.

Your lawyer can provide you with the skills, experience, and dedication you need to hold the at-fault party accountable and secure the compensation you deserve. As soon as possible following the incident, contact an attorney to discuss your legal options.