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.

• Car accidents are responsible for 38.2% of spinal cord injuries between 2015 and 2021.
• Falls are the second-leading cause of spinal cord injuries, contributing to 32.3% of cases between 2015 and 2021.
• Acts of violence, primarily gunshot wounds, contributed to 14.3% of spinal cord injuries.
• Sports injuries contributed to 7.8% of spinal cord injuries.
• 4.1% of spinal cord injuries were caused by medical or surgical activities.

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.

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.

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.

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:

• Your attorney can help you navigate the complex claims process and prepare you for each step of your claim.
• A lawyer can evaluate all potential avenues to compensation and accurately calculate an estimated settlement, helping you avoid an insufficient offer from the insurance carrier.
• During your case, you may encounter bad faith tactics from the insurance company. Your attorney can identify instances of bad faith and take action to protect your claim.
• You may need to engage in negotiations with the insurance adjuster. Your lawyer will have the skills to handle these discussions and advocate aggressively for your best interests.

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.

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.

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.

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.

• Duty of care: The defendant has an obligation to uphold certain of standards of care. For example, drivers have a duty to follow traffic laws and drive carefully.
• Breach of duty: The defendant breached his or her duty through a negligent act or failure to act. For example, running a red light or speeding would be breaches of duty.
• Causation: The defendant’s breach of duty caused the plaintiff’s accident and injuries.
• Damages: The victim sustained damages due to the defendant’s actions that he or she can claim in the lawsuit. These may include medical expenses, lost wages, and property damage.

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.

• Fraud
• Burglary
• Sexual assault
• Physical assault
• Murder
• False imprisonment

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.

Personal injury accidents can have a severe impact on victims. You may have serious injuries that require immediate medical attention and lengthy recovery times, leading to weeks of lost wages. You may have to grapple with the physical and psychological impact of the accident, which can affect your quality of life.

In Illinois, you have the right to file a personal injury lawsuit or insurance claim against the person responsible for your accident. However, navigating this process after a recent injury can be a challenge. In these situations, trust a Chicago personal injury attorney to handle your claim and support you throughout the litigation process.

#1: Negotiation Skills

During your personal injury claim, you will likely need to negotiate with insurance representatives or defense attorneys to attempt to reach a settlement before going to the courtroom. It is very important to handle these discussions carefully; you want to work toward your best possible outcome, but the other party will have different goals.

In these situations, you need an attorney with the negotiation skills necessary to handle these discussions and advocate for your best interests during each stage of your case. Personal injury attorneys have significant experience negotiating with insurance companies and defense attorneys. Your lawyer will understand the strategies and tactics that these parties use to achieve their goals, and he or she will also know how to craft a compelling argument on your behalf during these conversations.

#2: Knowledge of Illinois Personal Injury Laws

Every state has its own set of personal injury laws, and you will need to understand elements such as filing deadlines, state regulations, and legal precedent to file a successful claim. Navigating this complex litigation process can be challenging for any person who is not a personal injury lawyer, but handling your claim alone is especially difficult after a recent injury.

Your personal injury lawyer will have significant experience representing personal injury clients and a strong understanding of Illinois personal injury laws. He or she will apply this experience and knowledge to craft a compelling case for your compensation. Your attorney will also guide you through each stage of your claim, answering questions and informing you of important updates so you understand what is happening in your case.

#3: Experience Calculating Optimal Compensation

After an accident, you may not know how much compensation you will need to recover. You may not be aware of the different damages you may qualify for, and you may not know the full extent of your injuries and need for long-term care. As a result, you may inadvertently accept a lower settlement than you actually need to recover.

Your personal injury lawyer will dedicate him or herself to securing maximum possible compensation on your behalf. He or she will be able to assess your case and calculate the estimated settlement value you need to recover from your injuries. If you have severe injuries, your lawyer may enlist the help of expert witnesses, such as medical professionals, who can evaluate your injuries and create a long-term care plan on your behalf. Your attorney will then use this knowledge to evaluate any settlement offers you may receive and advise you on your best course of action.

Hiring a Personal Injury Attorney in Illinois

If you are filing a personal injury claim, you need an attorney on your side. Not only can your lawyer help achieve full compensation, but your attorney can also help you understand how to navigate the case process so that you can preserve your right to maximum recovery. As soon as you receive medical attention for your accident, contact a Chicago accident lawyer to discuss your legal options.