Unpredictable bladder issues and the sharp, burning pain at the base of your spine are your new reality after a sacral spinal cord injury. Your disability may be invisible to a jury, but it targets the nerves that control your bladder, bowels, and sexual organs. Do not let insurance adjusters try to use the fact that you are still able to walk as a reason to accept a low settlement offer.
Working with an experienced spinal cord injury attorney can ensure you are fairly compensated after an unfair accident. At Kaveny Sarmas Injury Lawyers, our female-led firm has experience handling personal injury cases for serious sacral spinal cord injuries in Chicago. Our dedicated legal team and in-house registered nurse will work closely with you to ensure your financial recovery adequately addresses your new way of life.
Understanding Comparative Fault for Injury Claims
In a Chicago personal injury claim for sacral spinal cord injuries, the state follows a modified comparative negligence rule under Chapter 735, Illinois Compiled Statutes 5/2-1116. Under this rule, you may 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 30 percent at fault for the accident, your award would be reduced to $700,000. At Kaveny Sarmas, we know how to counter blame-shifting tactics and protect your recovery.
What Damages Are Recoverable for Sacral Spinal Cord Injuries?
Damages recoverable for sacral spinal cord 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 your financial expenses, including:
- Hospital stays
- Current and future surgeries
- Long-term physical therapy
- Life care planning
For a Chicago personal injury claim, medical experts are required to prove the extent of the sacral damage you sustained. Because these injuries often involve neuron damage, you need a life care planner who can testify to the exact cost of the medical supplies and other expenses you will need for your future years. Non-economic injuries aim to compensate for emotional harm and include pain and suffering, and loss of consortium for marital intimacy.
The state also allows for a unique category of compensation known as loss of normal life. Illinois Pattern Civil Jury Instruction No. 30.04 compensates you for the inability to engage in the activities you did before your injury. For a sacral injury, this is vital. Your sense of normalcy has changed in ways that are deeply personal and expensive to manage. Without a lawyer to argue for this specific legal category, you might only receive enough to cover your current hospital bills, leaving you to pay for your future care out of your own pocket.
Deadline To Pursue Injury Claims for Sacral Injuries
Under 735 ILCS 5/13-202, you have two years from the date of your spinal cord injury to file a claim in Chicago. Once that two-year window closes, the court will prevent you from seeking compensation, regardless of how clear the other party’s fault was or how severe your nerve damage has become.
Call Our Chicago Attorneys for Relief After a Spinal Cord Injury
After a sacral spinal cord injury, your new reality may involve things you never even imagined, like using a catheter and suffering from painful, recurring infections. Life after a serious accident is difficult enough without persistent calls from aggressive insurance adjusters. Let a legal professional handle the negotiations.
At Kaveny Sarmas, our proven record of success handling sacral spinal cord injuries in Chicago can help you secure the financial compensation you need to manage your future bills with ease. Call our team today to schedule your free consultation.