After a serious accident, your life may feel divided into the time before your injury and the time after. A diagnosis of diplegia following a spinal cord injury means you are experiencing paralysis that affects symmetrical parts of your body, commonly both of your legs. Your mobility, career, and simple pleasures will be affected.
In the aftermath of a devastating accident, pursuing litigation may feel like more than you are able to handle. However, you do not have to go through this process alone. At Kaveny Sarmas Injury Lawyers, our attorneys have experience with cases involving diplegia spinal cord injuries in Chicago and will help you pursue every dollar you deserve. We are a female-led firm with a client-centric approach.
Understanding Comparative Fault
For diplegia spinal cord injury claims, Chicago follows a modified comparative negligence rule under Chapter 735 Illinois Compiled Statutes 5/2-1116. Under this law, you can recover damages as long as you are not more than 50 percent responsible for your injury. However, your total compensation will be reduced by your percentage of fault. For example, if a jury decides your total damages are $1,000,000 but finds you 10 percent at fault for the accident, your award would be reduced to $900,000. At Kaveny Sarmas, we know how to counter these settlement tactics and protect your compensation.
What Damages Can You Recover for a Diplegia Spinal Cord Injury?
Recoverable damages for diplegia injuries include economic and non-economic damages as well as loss of normal life compensation pursuant to 735 ILCS 5/2-115.2. Economic damages aim to compensate for financial expenses, such as:
- Current and future medical expenses
- Long-term physical therapy
- Life-care planning
- Necessary home and vehicle modifications
- Lost wages and loss of earning capacity
Non-economic damages are meant to compensate for emotional harm and can include pain and suffering and loss of consortium related to marital intimacy. Additionally, Illinois Pattern Civil Jury Instruction No. 30.04 compensates you for the inability to live your previous life. A diplegia injury changes your life in ways that are emotionally difficult and financially tolling. You likely cannot move through your own home without assistance. From muscle atrophy and bone density loss to the need for high-end assistive technology and home modifications, diplegia involves more than not walking again. Insurance adjusters rarely offer fair compensation.
Our Chicago lawyers know how to present your diplegia story to a jury in a way that quantifies your losses beyond medical bills, ensuring that the emotional costs of your spinal cord injury are fairly compensated.
Deadline To Pursue Injury Claims
Under 735 ILCS 5/13-202, you have two years from the date of your spinal cord injury to file a diplegia claim in Chicago. Once that two-year limit passes, you will not be able to seek financial compensation for your injuries, regardless of how clear the other party’s fault was or how severe the damage to your limbs has become.
Call a Chicago Attorney if You Have Diplegia After a Spinal Cord Injury
At Kaveny Sarmas, our attorneys know top-tier neurologists and other experts who can testify convincingly about your limitations after a serious spinal cord injury. While we are a small firm, we have big firm experience.
If you have been diagnosed with diplegia, we can help you pursue the compensation you deserve. Our attorneys know how to handle cases involving diplegia spinal cord injuries in Chicago. Call us today to schedule your free consultation.