A serious car accident in Schaumburg can instantly change someone’s physical abilities, independence, job, and finances if the spinal cord is permanently damaged. Crashes on busy roads like Interstate 90, Golf Road, Higgins Road, Roselle Road, and Barrington Road can create strong forces that injure the neck, back, vertebrae, and spinal cord. Some injuries cause weakness or numbness, while the most severe can lead to permanent paralysis. Treatment might include emergency surgery, long hospital stays, rehabilitation, medical equipment, changes to the home, and ongoing medical care. When another driver’s negligence leads to permanent spinal cord damage, I consider not just the hospital bills but also how the injury could affect every part of my client’s life.
The expenses from a spinal cord injury continue long after leaving the hospital. Someone with permanent nerve damage may need regular physical and occupational therapy, medicine, more surgeries, mobility aids, medical supplies, and help with daily tasks.
Some people may need wheelchairs, changes to their vehicles, ramps, wider doors, accessible bathrooms, stair lifts, or major changes to their homes. Others might need help from family, professional caregivers, or home health aides.
When I evaluate a catastrophic injury claim, I consider anticipated future costs in addition to expenses already incurred. A settlement that addresses only current medical bills may be inadequate when the injured person could require decades of additional care.
Permanent spinal cord damage may prevent someone from returning to the job they performed before the accident. A construction worker, mechanic, warehouse employee, health care worker, delivery driver, or other physically demanding employee may no longer be physically capable of performing essential job duties.
Even people who work primarily in offices can face employment limitations because of pain, reduced mobility, fatigue, medical appointments, transportation problems, or the need for ongoing assistance. The financial impact can include both wages already lost and diminished future earning capacity.
I may examine the person’s employment history, income, occupation, education, remaining work life, physical restrictions, and future employment possibilities when determining the economic impact of a permanent injury.
A catastrophic spinal cord injury affects far more than a person’s finances. Illinois law recognizes economic and non-economic damages in personal injury actions. Non-economic damages can include such losses as pain and suffering, disability, and disfigurement. Depending on the facts of the case, I may pursue compensation for medical expenses, future medical care, lost wages, diminished earning capacity, pain and suffering, disability, disfigurement, rehabilitation expenses, necessary medical equipment, and other losses connected to the injury.
The severity and permanence of the disability are especially important. A spinal cord injury that permanently eliminates someone’s ability to walk, work in a chosen occupation, participate in hobbies, or perform ordinary activities may have consequences lasting for the remainder of that person’s life.
The seriousness of an injury does not automatically establish another driver’s liability. I still need evidence showing how the accident occurred, who was responsible, and how the collision caused the spinal cord damage.
That evidence can include the crash report, photographs, witness accounts, surveillance recordings, vehicle damage, electronic vehicle data, medical records, and other documentation. In commercial vehicle cases, additional records concerning the driver, vehicle, company, and trip may become relevant.
Illinois also follows modified comparative negligence under 735 ILCS 5/2-1116. If an injured person is more than 50 percent responsible for the injury, recovery is barred. If the person’s share of fault is 50 percent or less, damages may still be recovered but are reduced according to that percentage of fault.
One of my concerns in a permanent spinal cord injury case is making sure the claim is evaluated based on the person’s future, not simply the first few months after the collision. A young accident victim with permanent paralysis, for example, could potentially face decades of medical treatment and disability.
The full extent of future care may not be immediately apparent after the crash. Doctors may need time to determine the long-term prognosis, functional limitations, rehabilitation needs, and likelihood of improvement.
Illinois generally provides two years to bring a personal injury action under 735 ILCS 5/13-202, although exceptions and different rules may apply depending on the circumstances. I prefer to begin investigating a serious accident well before that deadline because physical evidence, video recordings, witness information, and other important evidence can become more difficult to obtain as time passes.
Doctors determine the extent of a spinal cord injury through neurological examinations, imaging, physical testing, and observation of recovery over time. An MRI or other imaging study may show damage to the spinal cord, surrounding vertebrae, discs, or other structures. Your medical team may also evaluate movement, sensation, reflexes, and neurological function below the injury.
Some improvement can occur during rehabilitation, particularly with incomplete spinal cord injuries, but significant neurological damage may remain permanent. I generally want a clear understanding of the medical prognosis before evaluating the long-term value of a catastrophic injury claim because future limitations and medical needs can represent a substantial part of the damages.
The available compensation depends on the facts of the crash and the consequences of your injury. A claim may include past and future medical expenses, rehabilitation, lost income, diminished earning capacity, medical equipment, home modifications, assistance with daily activities, pain and suffering, disability, and disfigurement.
Permanent paralysis can dramatically alter your ability to work, drive, care for yourself, participate in family activities, and enjoy activities you previously performed. I consider these long-term effects when determining what compensation should be pursued rather than limiting the claim to the bills that accumulated immediately after the collision.
Future medical treatment can be a major element of a spinal cord injury claim. Depending on the injury, you could require medications, therapy, medical equipment, physician visits, replacement wheelchairs, additional procedures, caregiver assistance, or other support throughout your lifetime.
Those future costs should be considered before a case is resolved. Once an injury claim has been finally settled, it is generally not possible to return years later and demand additional compensation simply because the medical expenses became greater than expected. This makes an informed assessment of future needs particularly important in catastrophic injury cases.
Possibly. Under Illinois’ modified comparative negligence statute, 735 ILCS 5/2-1116, you can potentially recover damages when your share of responsibility is 50 percent or less. Your award is reduced according to your percentage of fault. For example, if damages were valued at $1 million and you were found 20 percent responsible, the recoverable amount would generally be reduced by 20 percent. If you were found more than 50 percent responsible, Illinois law would bar recovery. Because insurance companies may attempt to shift responsibility to an injured driver, determining exactly how the collision happened can become extremely important.
Under 735 ILCS 5/13-202, Illinois generally applies a two-year limitations period to personal injury actions. However, the applicable deadline can vary when a case involves certain governmental defendants, minors, or other circumstances that affect the normal limitations period.
I would not recommend waiting until the deadline approaches. A catastrophic car accident investigation may require medical records, photographs, witness interviews, electronic vehicle information, video footage, and other evidence. Beginning the investigation promptly can help preserve information that may become unavailable later.
A permanent spinal cord injury can affect your mobility, independence, employment, health, finances, and family life for decades. When I evaluate one of these cases, I consider not only what has already happened but also the medical care, financial losses, physical limitations, and personal consequences you may experience in the future.
SJ INJURY LAW represents people seriously injured in motor vehicle accidents throughout Schaumburg, Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Northbrook, Palatine, Rolling Meadows, Prospect Heights, Wheeling, Park Ridge, Rosemont, and Glenview, as well as Chicago and communities throughout Illinois.
If you or someone in your family suffered permanent spinal cord damage, paralysis, or another catastrophic injury in a vehicle accident, speak with SJ INJURY LAW, a Schaumburg car accident attorney, about your legal options. Contact our Schaumburg car accident lawyer at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation.
Client injured by a distracted driver who was texting at the time…
Student was injured and fractured several bones and required surgery to…
While at work operating a piece of manufacturing equipment, the safety…
Woman was bitten on her face by what she believed to be a vicious…
Our client suffered a back injury and will undergo spine surgery…
Client's vehicle was forced into oncoming traffic, colliding with a semi-truck...
We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.