Catastrophic Injury

What Constitutes a Catastrophic Injury?

A “catastrophic” injury is an injury that significantly and permanently impairs an individual’s ability to function. These injuries are often referred to as “permanent injuries.” Catastrophic injuries are distinct from other personal injury cases because they typically necessitate lifelong medical care, limit an individual’s earning capacity, and demand substantial resources for adequate accommodation.

At Gardi, Haught, Fischer & Bhosale LTD, our catastrophic injury attorneys have extensive experience handling cases. We are well-versed in representing victims of life-altering injuries to secure maximum compensation within the boundaries of the law.

Contact one of our catastrophic injury lawyers online or call our office at (847) 944-9400 today to request a free and confidential consultation with one of our Schaumburg catastrophic injury attorneys.

Types of Catastrophic Injuries

Any injury that severely debilitates disables, or significantly hampers a victim’s ability to carry out everyday tasks can be deemed catastrophic.

At Gardi, Haught, Fischer & Bhosale LTD, we handle a wide range of severe injury cases, including, but not limited to:

• Traumatic brain injuries
• Spinal cord injuries
• Severe burns
• Harm to internal organs
• Amputated limbs or appendages
• Exposure to toxic chemicals/substances
• Loss of major sensory abilities (e.g., sight, hearing, smell)
• Clustered bone fractures (or multiple fractures)
• Nerve damage

Common Causes of Catastrophic Injuries

Catastrophic injuries often result from incidents such as drunk driving accidents, collisions involving trucks and other large vehicles, medical malpractice, pharmaceutical errors, and more. Victims endure substantial personal harm in these cases and may be entitled to compensation for their damages.

Damages in Catastrophic Injury Cases

Victims of catastrophic injuries typically accumulate significant medical expenses and face prolonged periods of inability to work. This leads to lost wages and substantial medical bills for surgeries, medications, and therapy. Consequently, the responsible parties may be compelled by the courts to cover these expenses, including the cost of counseling and therapy to help victims cope with the emotional repercussions of their injuries.

Although the specific damages recoverable may vary from case to case, our catastrophic injury attorneys in Schaumburg can help you pursue compensation for the following:

• Emergency medical care
• Ambulance fees
• Emergency room/hospital fees
• Surgeries and other medical treatments
• Pain management programs
• Medications
• Medical equipment and devices
• Home modifications
• Lost income/wages
• Lost future earnings
• Lost earning capacity (disability)
• Pain and suffering
• Emotional trauma
• Counseling services
• Property damage

In certain instances, we may also seek punitive damages if the at-fault party exhibited extreme negligence or unlawful behavior.

Catastrophic injuries can ultimately lead to substantial financial burdens for victims and their families, often reaching hundreds of thousands or even millions of dollars over a lifetime. Our catastrophic injury lawyers in Schaumburg are dedicated to helping you fight for the full and equitable compensation you deserve for your losses.

Determining Liability for Damages

Any individual or company found to be at fault for a catastrophic injury due to negligence, recklessness, or an intentional act can be held liable. In car accident cases, this may encompass the driver and their employer if the driver was operating a company vehicle or was on the job at the time of the incident. Liability may extend to the truck driver and various truck and freight companies for truck accidents. In premises liability cases, liability could include the property owner and operator where the injury occurred.

Statute of Limitations for Filing a Catastrophic Injury Lawsuit in Illinois

The statute of limitations for filing a catastrophic injury lawsuit in Illinois is a crucial consideration. In Illinois, you typically have two years from the date of the injury to file a lawsuit seeking compensation for damages. However, exceptions may be based on individual case circumstances, such as delayed discovery of the injury or if the injured party is a minor.

It is advisable to consult with an experienced catastrophic injury attorney in Schaumburg promptly after sustaining a serious injury to understand the specific deadlines and applicable laws governing your case. An attorney at Gardi, Haught, Fischer & Bhosale LTD can assist you in filing your claim within the applicable statute of limitations, safeguarding your rights, and enhancing your chances of obtaining compensation.

Filing a Catastrophic Injury Claim on Behalf of an Incapacitated Family Member

In Illinois, it is possible to file a catastrophic injury claim on behalf of a family member who is unable to do so independently. This is known as bringing a lawsuit as a “next friend” or “guardian ad litem” on behalf of the injured party.

To file a claim on someone else’s behalf, you typically need to be appointed by a court as their legal representative or guardian. This process involves demonstrating that the injured individual is incapable of making legal decisions due to their catastrophic injury.

Once appointed, you can initiate a catastrophic injury case for your injured family member, seeking compensation for their losses, such as medical expenses, lost wages, pain and suffering, and future care needs. It is crucial to consult with a Schaumburg catastrophic injury attorney experienced in handling severe injury cases to guide you through the legal process and protect your family member’s rights.

Steps to Take After a Catastrophic Injury

Following a catastrophic injury, taking specific steps to safeguard your health and legal rights is essential.

While we cannot provide personalized legal advice, here are some general recommendations for immediate action after a catastrophic injury:

Seek immediate medical attention: Prioritize your health and well-being by seeking prompt medical assistance. This ensures your health and establishes a record of your injuries, which may be crucial for future legal proceedings.

Determine the cause of your severe injuries: It is vital to ascertain the cause of your injuries to effectively pursue your claim. Your injury may result from a workplace accident, a car collision, or medical negligence. Regardless of the primary cause, identify and document all relevant factors.

Preserve evidence: Gather and preserve evidence related to the accident or injury if possible. This may include taking photographs, collecting witness contact information, retaining medical records and bills, safeguarding damaged property or equipment, and documenting other pertinent details.

Notify authorities: If the injury results from an accident or another party’s negligence, such as a car accident or workplace incident, report the incident to the appropriate authorities, which may involve contacting the police, supervisor, or management, depending on the circumstances.

Consult with a catastrophic personal injury attorney: Reach out to an experienced personal injury attorney with expertise in catastrophic injury cases. They can offer legal guidance tailored to your specific circumstances, inform you of your rights and options, and navigate the legal process on your behalf.

Exercise caution with insurance companies: If an insurance company contacts you, be cautious about providing detailed statements or accepting settlements without consulting an attorney. Insurance companies may attempt to minimize their liability, underscoring the importance of legal representation to protect your rights.

Please remember that every situation is unique, and it is vital to consult with a knowledgeable catastrophic injury attorney in Schaumburg who can provide personalized guidance.

Dedicated Representation for the Seriously Injured

Catastrophic injuries often involve significant harm to the spinal cord, back, or brain, leading to potential permanent damage. Such injuries frequently result in paralysis or impaired neurological and cognitive function. Effectively representing victims of these injuries necessitates extensive experience, as it requires a deep understanding of the immediate and long-term effects.

At Gardi, Haught, Fischer & Bhosale LTD, we bring over 100 years of combined experience, handling numerous cases. By maintaining a manageable caseload, we commit substantial resources to each case, which includes investing in medical experts, accident reconstruction specialists, economists, financial advisors, and other experts to accurately present your lifelong needs to a jury.

Choose Our Award-Winning Schaumburg Law Firm

Our law firm has advocated for clients in various injury cases, which are complex and involve severe injuries. We intentionally seek challenging cases, such as severe car accidents, truck accidents, and workplace incidents, as these are often scenarios where our focused attention, resources, and insights can make a significant difference. While we maintain a lean firm, we provide representation comparable to larger firms by limiting our caseload and delivering highly individualized attention to each client.

If you or a loved one has suffered severe, life-altering injuries due to the negligence, recklessness, or wrongful conduct of another party, our experienced catastrophic injury lawyers can assist.

Schedule a free catastrophic injury case consultation by calling (847) 944-9400 or contacting us online to arrange a no-obligation appointment and assess the viability of your case.

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