Many types of injury claims exist under state law, but catastrophic injury claims involve the most severe, debilitating, and permanent injuries. In these cases, the stakes are high, as injury victims likely will have impairments that alter their everyday lives. If you or a loved one has fallen victim to negligence and suffered a severe accident, you could seek the aid of an Elgin catastrophic injury lawyer to help you explore your legal options.
Catastrophic injuries can leave you with significant challenges for the rest of your life. You may be unable to pursue your intended or former career. Additionally, you may require ongoing medical care. A personal injury attorney can be vital to your ability to maximize the compensation you receive for your injury claim.
Catastrophic Injuries Defined
Catastrophic injuries generally refer to ones that require substantial medical care and rehabilitation. These injuries tend to be devastating because they cause permanent disfigurement, impairment, or disability that impacts most aspects of their everyday life. Some common examples of catastrophic injuries may include:
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries
- Severe burns covering large parts of the body
- Amputation of limbs
Individuals with catastrophic injuries may be unable to work for lengthy periods or even permanently. Likewise, they may need medical and personal care for the remainder of their lives, in some cases to the extent that they can no longer live autonomously.
What are the Damages in an Elgin Catastrophic Injury Claim?
Damages refer to the compensation that injury victims seek through personal injury claims. When the negligence of others leads to a significant injury, the injured parties have a right to hold them accountable for their wrongful conduct. Civil liability against the person responsible for the injuries is the mechanism that the law offers individuals after an accident.
The amount of damages varies considerably from one case to another, but the monetary awards tend to be higher in catastrophic injury cases. This is because the medical costs are higher, the treatments are more extensive, and the likelihood of losing income increases. Some of the damages that a plaintiff could pursue in their claims include:
- Current and ongoing medical expenses
- Lost income and future earning capacity
- Pain and suffering and loss of enjoyment of life
- Expenses for medical equipment, personal care attendants, and modifications to homes and vehicles to accommodate disabilities
If another party is solely at fault for the accident that led to the injuries, then the injured person legally has a right to seek 100 percent of the damages that they are owed from those parties. If they bear some fault for the accident themselves, they could only be able to claim a reduced amount of damages. A dedicated lawyer in Elgin can assess and determine the appropriate amount of damages that may be possible for a catastrophically injured party to recover.
Comparative Negligence
State law allows individuals who may be partially at fault for an accident in which they suffered injuries to pursue damages from a negligent party in certain situations. Under 735 ILCS § 5/2 1116, injury victims may seek damages from other negligent parties only if they are less than 50 percent to blame for causing the accident.
Nonetheless, plaintiffs who are somewhat at fault for their injuries generally cannot seek the total amount of their damages from other parties. Their potential recovery diminishes according to the percentage of responsibility for the accident attributable to them by law.
Talk to an Elgin Catastrophic Injury Attorney for Guidance
When you need someone to assist you with your legal options following a catastrophic accident, you could find a strong local advocate who can protect and advance your interests. An Elgin catastrophic injury lawyer has the skill and knowledge necessary to pursue all claims for damages on your behalf.
If you are in the middle of medical treatment, a loss of income, and long periods of recovery, you cannot afford to handle your insurance and legal claims alone. By enlisting the legal help of R.F. Wittmeyer, you may be more likely to be successful in any legal claim you bring against a negligent party.
