Injuries suffered in auto accidents can leave your family in a really difficult position. Not only will you have to deal with the financial burden that results from the accident due to medical bills and missed time from work, but you also have to figure out what to do to best protect your case.
At Mark L. Karno & Associates, LLC, our Chicago personal injury lawyers strive to take the worry out of your accident case, providing you with the legal advice you need so you can focus on what matters most: recovering with your loved ones or mourning the loss of a family member.
Schedule a no-obligation consultation today — call (312) 701-0090.
Why Serious Injury Victims and Wrongful Death Clients Trust Us
- We have a proven track record of success, having secured numerous multi-million dollar verdicts and settlements for our clients.
- We are committed to helping you move forward after a serious injury or the loss of your loved one by securing maximum compensation for your damages.
- Our firm understands that no amount of money can ever make up for the loss of someone dear to you. However, we also know that financial compensation can help ease some of the burdens caused by your loved one’s death.
- We will handle your Chicago serious injury or wrongful death claim on a contingency fee basis. You will pay nothing until we secure compensation on your behalf.
Understanding Chicago Serious Injury Claims
Some injuries don’t just put you in the hospital for a few weeks. They change everything and alter the entire trajectory of your life. Some of the most serious injuries include:
- Brain Injuries– When someone suffers a severe traumatic brain injury, they might never be the same person again. The worst cases? People end up in vegetative states, requiring institutional care for the rest of their lives. Even so-called “moderate” TBIs can mean never working again, never enjoying the hobbies you loved, never relating to your spouse the way you used to.
- Burns– Third-degree burns destroy skin completely. You may need multiple skin grafts, reconstructive surgeries, and incredibly painful procedures. The scarring can be severe enough to limit your mobility. Beyond the physical damage, burn survivors often struggle with PTSD, depression, and anxiety about their appearance. It affects everything from job interviews to dating to just walking into a room full of people.
- Paralysis– Complete spinal cord injuries mean total loss of feeling and movement below the injury. Break your neck, and you might suffer quadriplegia and be paralyzed from the neck down. Injuries lower on the spine cause paraplegia, paralyzing your legs and lower body. Either way, your entire life will need to be rebuilt.
- Limb Loss– Losing an arm means struggling with once-automatic tasks, such as getting dressed, cutting your food, typing, and working. Losing a leg means relearning how to walk, balance, and navigate stairs. Prosthetics help, but they’re not the same as the limb you lost. You may deal with phantom pain, skin problems, and the need to replace prosthetics every few years.
- Multiple Injury Accidents– Some accidents result in numerous serious injuries. You might have a brain injury, broken spine, ruptured organs, and shattered bones all at the same time. Each injury requires its own specialist and treatment plan. The combined effect is often worse than the sum of the individual injuries.
Accidents involving large commercial vehicles such as semi-trucks often result in serious injury or even death — contact a Chicago truck accident attorney today to get your loved one the justice they deserve.
Lost a Loved One Due To Negligence?
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What Is Wrongful Death and Who Can File a Wrongful Death Claim?
Under Illinois law, wrongful death happens when someone dies because of another person’s wrongful act, neglect, or default. The Illinois Wrongful Death Act (740 ILCS 180/) gives surviving family members the legal right to seek compensation for what they’ve lost.
These cases arise from a range of situations. Drunk drivers who cause fatal crashes, doctors who make mistakes in surgery, or miss a cancer diagnosis until it’s too late, construction companies that cut corners on safety, and property owners whose negligence leads to someone’s death.
To succeed in a Chicago wrongful death claim, you must prove:
- The defendant owed the deceased a duty of care.
- The defendant breached that duty of care through negligence or wrongdoing.
- That breach caused the decedent’s death.
- The surviving family members suffered measurable losses because of their loved one’s death.
Wrongful death claims are different from survival actions, though you can pursue both. A wrongful death action is about what the survivors lost, such as the financial support, the companionship, and the guidance they would have received if their loved one hadn’t died. A survival action is about what the person who died went through before they died, such as their pain and suffering, their medical bills, and wages they lost between when they got hurt and when they passed away.
Illinois law is pretty specific about who can bring a wrongful death case. Under 740 ILCS 180/2, it must be filed by the personal representative of the deceased person’s estate, who is filing on behalf of the surviving spouse and next of kin.
The recovered funds go to the surviving spouse and next of kin. “Next of kin” includes children, parents, siblings, and other blood relatives, depending on the family structure.
How Long Do I Have to File a Serious Injury or Wrongful Death Claim?
A statute of limitations is a law that establishes a deadline for filing a claim to recover compensation in a wrongful death or personal injury case.
In most cases, you have two years from the date you were injured to file a personal injury lawsuit, as outlined in 735 ILCS 5/13-202. If you miss your deadline, you will not be able to recover compensation for your damages.
The wrongful death statute of limitations under 740 ILCS 180/2also gives you two years, but it runs from the date of death, not the date of the accident. If someone gets hurt in a crash on January 1st but doesn’t die until March 1st, the two-year clock starts ticking on March 1st.
Medical malpractice cases have more complicated rules. Generally, you have two years from when you knew or should have known that malpractice caused your injury. But there’s a hard stop at four years from when the negligent act happened, even if you didn’t discover it until later. This “discovery rule” exists because medical errors aren’t always immediately apparent.
There are exceptions to these filing deadlines. In some cases, you may have a much shorter filing deadline, and in others, the deadline may be extended. For example, if the injured person is under 18, the clock doesn’t start until they turn 18. So a minor has until age 20 to file. The statute can also be paused if someone is legally incompetent. If a government entity is a defendant, the Illinois Local Governmental and Governmental Employees Tort Immunity Act requires formal notice within six months and the filing of suit within one year.
You must promptly consult an experienced Chicago serious injury & wrongful death lawyer to determine your filing deadline. The sooner you talk to an attorney, the better. We can investigate while the evidence is fresh, ensure we meet all deadlines, and build your strongest possible case.
Why You Need a Chicago Serious Injuries & Wrongful Death Attorney
Serious injury and wrongful death claims are much more complex than most personal injury cases. The damages are much greater, and the stakes are much higher. Insurance companies and defense attorneys will work diligently to avoid liability. They will deny, devalue, and delay your claim, hoping you will settle for much less than your case is worth.
You need the assistance of an experienced Chicago serious injuries & wrongful death lawyer with a proven record of success to help you recover the full value of your claim. Your chances of success are much greater when an experienced Chicago personal injury lawyer represents you.
If you or a loved one were injured and a claim is possible, take pictures documenting the condition as it existed.
If Life-Changing Injuries Have Affected Your Family
Being involved in a car accident can change your life in an instant. Serious injuries that our attorneys commonly see in personal injury cases include:
- Spinal cord injuries, including those that cause paraplegia and quadriplegia
- Back and neck injuries that cause pain and debilitation
- Painful burn injuries that may require surgery
- Complex orthopedic injuries and bone fractures
- Traumatic brain injuries resulting from head trauma
Many of these injuries require long-term medical care, and some may result in disabilities that keep you from working and enjoying life as you did before the accident. We understand that you and your family never expected this kind of emotional and financial strain on your day-to-day living. We can help.
What Happens In A Wrongful Death Claim
There is nothing we can say that makes the pain of losing a family member in a motor vehicle accident go away. We know that this is perhaps the most difficult thing you will ever experience. What we can do, is make sure that the person who caused the fatal accident is held responsible for their negligence.
If the accident resulted in the death of your family member, a Chicago wrongful death lawyer at our law firm can help you explore the financial compensation that may be available to you under Illinois law. This can include compensation for the loss of companionship, future lost wages, pain and suffering, as well as any other damages appropriate for your case.
Experienced Lawyers | Maximum Compensation
Our accomplished trial lawyers have more than 30 years of experience helping those injured due to another’s negligence recover the compensation they need. We provide client-centered representation focused on your best interests in the case. We will never talk down to you or treat you like a number on a file. We will evaluate your serious injury and wrongful death cases and give you straightforward advice on your best legal options.
Our personal injury attorneys will negotiate on your behalf, and work hard at obtaining a settlement to resolve your claim before a lawsuit is necessary. If the insurance companies refuse to recognize the value of your case, we are ready to take your injury claim or wrongful death action to court.
Learn More About What We Can Do To Help
Our injury attorneys handle your serious injury or wrongful death lawsuit on a contingency fee basis. There are no attorney’s fees unless we are successful on your behalf.
Contact Mark L. Karno & Associates, LLC today for a free case consultation with an experienced lawyer. Our attorneys represent clients throughout the Chicago area. Se habla español.