Can I Seek Damages for a Catastrophic Injury? 

 Posted on November 02, 2022 in Personal Injury

If the past has taught us anything, it is that life is precious and can change instantly, sometimes for good and sometimes for bad. Serious injuries can befall us anytime, even when we least expect it. Whether an injury occurs during a car accident, truck accident, or slip-and-fall accident, suffering a catastrophic injury is a terrifying experience that may very well impact the rest of one’s life. 

If you or someone you love has suffered from a catastrophic injury, you should contact an experienced personal injury attorney who has previously dealt with similar cases. Hiring an attorney can result in compensation to make up for lost wages, medical bills, pain and suffering, rehabilitation costs, property damage, and more. While receiving compensation will not undo your injury, it may greatly help you and your family cope with expenses that can rapidly accumulate after such an injury. 

What Constitutes a Catastrophic Injury?

A catastrophic injury is often defined as an injury that results in severe and possibly permeant damage to whoever sustained the injury. This includes various disabilities or disfigurements. Examples of catastrophic injuries include:

• Losing a limb or eye
• Blindness
• Amputation
• Back and neck injuries
• Head injury
• Spinal cord injury
• Severe brain injury
• Wrongful death

Protecting Your Rights After Suffering a Catastrophic Injury

You have probably heard of worker’s compensation, which is when you receive benefits and compensation for work-related injuries. However, people may not be aware that you can seek damages when you suffer an injury while out of the workplace. If you believe your catastrophic injury resulted from another person or entity’s negligence, you should consider filing a personal injury case. Under Illinois law, there are two types of damages: economic and non-economic. Economic damages account for medical bills and lost wages, while non-economic damages account for pain and suffering.

If you choose to pursue compensation, you must prove the elements of negligence. In other words, you will need to show that the defendant in your particular case failed to exercise a reasonable level of care that someone of rational prudence would have shown had they been in a similar circumstance. It is important to note that negligence can arise in different ways. For example, negligence can occur through a careless action, or it can appear by a failure to act when taking action would have been a reasonable thing to do. Therefore, aside from showing that the defendant owed a level of duty of care, the accuser must demonstrate the defendant failed to meet that duty. As a result, the accuser suffered a catastrophic injury.  

Personal injury claims may involve: 

• Car crashes
• Fall accidents
• Unsafe buildings 
• Negligent security 
• Fires
• Equipment malfunctions
• Animal attacks
• Defective products

Contact a Bloomingdale Catastrophic Injury Attorney

Do not feel alone if you or someone you love has suffered a catastrophic injury. Contact the law office of David W. Clark, P.C., where our experienced DuPage County catastrophic injury lawyer will fight to protect your rights. Call 630-665-5678 today for a free and private consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.2