Who Should Pay for My Catastrophic Injury?

Who Should Pay for My Catastrophic Injury? | Chicago, Illinois Your life is forever changed after an accident leaves you with a catastrophic injury such as a burn, brain or spinal cord injury. In many cases, you are likely due compensation for the damages the accident and subsequent injuries have left you with, but who is actually liable? Who should pay?

The individual or insurance company responsible for paying for your catastrophic injury depends on the details of your accident. Auto accidents and truck accidents often lead to severe injuries and fatalities. In many instances, your insurance company or the insurance company of the other driver will pay for your injuries.

However, if your injuries are the result of medical malpractice or negligence, the hospital’s or physician’s insurance will likely be responsible for paying for your pain and suffering, as well as any lifelong expenses you’ll inevitably need such as home modifications for wheelchairs or prosthetic limbs.

Important Illinois Statutes to Remember

Illinois is a “fault” state, which gives you the option of collecting compensation from your insurer, the other driver’s insurer or a city or county that may be at fault. Although, there are Illinois laws and statutes to remember including:

  • You have two years to file your personal injury claim after the date of your accident. If your injury was discovered later, you may have two years after the “discovery date.”
  • If you are filing a case against an Illinois county or city, you must complete a formal claim within one year of the accident.
  • Illinois has a comparative fault system, which means your compensation could be reduced if you are found to be partially at fault for the accident that led to your injuries.
  • If your injuries were the result of a dog bite or attack, you can file a claim against the pet’s owner, regardless of whether or not the dog had a violent past.
  • There is currently no cap on damages for any form of personal injury claim in the state of Illinois.

If you’ve suffered a permanent injury in an accident, please contact our catastrophic injury attorney in Illinois today at (800) LAW-0300 to schedule your FREE consultation. Sklare Law Group serves clients in Chicago, Illinois and throughout Northern Illinois.

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