Paralysis injury liability and what to expect next

| Nov 19, 2019 | Firm News |

Sustaining paralysis after a car crash or medical malpractice incident is one of the most devastating outcomes. It can result in extensive costs and future medical care needs.

If you or someone you love suffers from paralysis due to someone else’s negligence, it is vital that you consult a lawyer and understand your right to fair compensation.

Getting compensation

Even in the case of such an extreme injury, the other party’s insurance company may not willingly grant you anyhere near the monetary assistance you will need moving forward, which can cause financial disaster. Costs associated with paralysis can include:

  • Initial medical bills
  • Household or personal assistance
  • Rehabilitation
  • Future/ongoing medical bills
  • Lost income and income potential

Not only can you claim compensation for these basic losses you have incurred, but the court could also award you for your pain and suffering as well as loss of everyday life satisfaction.

Proving liability

Before being able to claim compensation for your devastating losses, it is up to you to prove that the other part actually caused your injuries and not your own actions. Insurance companies will do everything they can to minimize your damages and put as much blame onto you as possible to reduce their losses.

Illinois uses modified comparative negligence laws to determine how much the responsible party will pay the injured party. You, your lawyer and the insurance company or court will determine what a fair amount of compensation is.

If they assign a percentage of the accident fault to you, the insurance company or court will reduce your compensation by that percentage. If you are 50% at fault, however, you will not receive any financial awards for your paralysis.

Collecting evidence to support your case, including eyewitness accounts and photos of the accident scene is incredibly important. If you do not agree with the final determination of the insurance company, you can file a complaint with the Department of Insurance. Keep in mind, however, that this cannot assist in changing comparative negligence.