Whether permanent or temporary, damage to the spinal cord could severely impair an individual’s range of movement and can diminish their quality of life.

If you or a loved one suffered a severe spinal cord injury due to the negligent actions of another, you may be eligible to seek compensation. An Evergreen Park spinal cord injury lawyer could investigate the claim, collect relevant evidence, and speak to witnesses to help you build a strong case. Seek help from a diligent catastrophic injury attorney to learn about your legal rights and options to hold the responsible party accountable for their actions.

The Statute of Limitations for Filing a Lawsuit

The statute of limitations indicates the amount of time that a claimant has to file their cause of action. In the State of Illinois, individuals must have their claim filed within two years of their accident or settle out of court in order to seek compensation. There may be a few exceptions to the statute of limitations.

A knowledgeable Evergreen Park spinal cord injury attorney could investigate the claim and help ensure the lawsuit is filed within the statute of limitations.

Determining Fault and Settling a Spinal Cord Injury Case

Per 735 ILCS 5/2-2301, a defendant in a spinal cord injury lawsuit may make an offer to settle with the claimant, in order to avoid a lengthy and expensive trial. The court may need to consent the settlement agreement, even though the plaintiff has already approved its terms.

Once the injured plaintiff, and if necessary, the court has agreed to the terms of settling the cause of action, they must release the defendant from liability. Under 735 ILCS 5/2-2301(d), the defendant has 30 days to provide the amount due to the plaintiff per the terms of the agreement.

Modified Comparative Negligence

Evergreen Park follows modified comparative negligence rules. This means that both parties may be held partially liable for an accident. The court may reduce a claimant’s award by their percentage of fault for an accident and injuries. The plaintiff’s spinal cord trauma attorney will need to prove that the defendant’s negligent actions caused the accident as well as the plaintiff’s injuries.

Spinal Cord Injury Remedies

Evergreen Park plaintiffs may include other harms connected with their spinal cord injury as part of their demand for damages. The World Health Organization opines that chronic pain, respiratory problems, pressure ulcers, and deep vein thrombosis may go hand in hand with damage to the spinal cord.

Compensatory Damages

According to 735 ILCS 5/2-115.2, compensatory damages are the sum of the economic and non-economic damages. An economic award may be calculated by the court for tangible harms, such as past and future medical expenses, lost earnings, and property loss.

Non-economic damages are intangible losses. They may include disability, disfigurement, loss of enjoyment of life, loss of consortium, and loss of society. It is best to speak to an Evergreen Park spinal cord injury lawyer to learn about the various types of damages injured claimants may be eligible to recover.

Contact an Evergreen Park Spinal Cord Injury Attorney

A legal professional in Evergreen Park could help individuals who have sustained spinal cord injuries seek compensation for their damages. They could review the claim and help you hold the responsible party accountable in court.

Call to speak with an experienced Evergreen Park spinal cord injury lawyer today.