Chicago Spinal Cord Injury Lawyer

Helping Victims of Spinal Cord Injuries in Chicago Pursue Compensation

A Chicago spinal cord injury lawyer is crucial to recovering the compensation you deserve after car accidents, slips and falls, medical malpractice, workplace accidents, and violent trauma. The award-winning attorneys at Chicago Injury Center have recovered millions of dollars for clients nationwide, holding negligent parties accountable and pushing for maximum compensation. Contact us today for a free case review.

Settlements & Verdicts Recovered by Our Law Firm in Chicago

$2,750,000: Three employees of a helicopter company were left with severe lumbar and cervical injuries after the Bell 206L crashed. Our personal injury lawyers coordinated workers’ compensation and personal injury claims for the employees.

$735,000: Mary, a Palos Heights nursing home resident, was neglected by her carers and fell out of her wheelchair. She suffered a spinal cord injury in the cervical and lumbar regions, resulting in long-term pain and suffering.

$720,000: Tom was rear-ended by a semi-truck while driving home on the Stevenson Expressway. He required surgery for a herniated disc in his cervical spine, leaving him with chronic pain that required ongoing medical care.

Why Choose Chicago Injury Center

Our top-rated personal injury attorneys are members of the Illinois Trial Lawyers Association and the American Association for Justice, having a 98% success rate in cases throughout the United States. We have helped over 5,000 clients get justice over the past 25 years, earning us the prestigious Super Lawyers® rating. With our attorneys by your side, you have a far higher chance of achieving fair compensation for your spinal cord injury.

Types of Spinal Cord Injury Cases We Handle

The spinal column is one of the most complex components of the human body, and even minor injuries can result in permanent disability. Types of spinal cord injuries include:

• Quadriplegia and paraplegia
• Herniated discs
• Nerve compression
• Partial or total loss of motor function
• Chronic pain syndromes
• Loss of bowel or bladder function
• Respiratory issues
• Secondary conditions, including pressure sores

What Are the Most Common Causes of Spinal Cord Injuries in Chicago?

Car Accident

According to the Illinois Department of Transportation, there were 101,023 motor vehicle accidents in Chicago in 2023. Of these, 2,299 were incapacitating, which includes severe injuries like spinal cord damage. Bicycle and pedestrian accidents often result in spinal cord injuries because the victim does not have the protection that they would in a vehicle.

Construction Accidents

The Bureau of Labor Statistics notes that there were 173,200 nonfatal injuries and illnesses in the construction industry nationwide in 2023. Construction is one of the most dangerous industries in the US, particularly roofing. Causes of spinal cord injuries in construction include falls from heights, transportation incidents, and being struck by falling objects.

Medical Malpractice

While medical malpractice is not the most common cause of spinal cord injuries, it is unfortunately all too common. Poorly placed epidural injections, surgical errors, and damage from a lumbar puncture can all result in long-term pain and complications.

What Damages Can Spinal Cord Injury Victims Recover in Chicago?

Our spinal cord injury lawyers will ensure you recover compensation for both economic and non-economic damages.

Economic damages are for expenses associated with your injury. These can include:

• Medical bills, including emergency medical care, hospitalization, and surgeries
• Future medical expenses
• Rehabilitation, home modification, and assistive devices
• Lost wages and future lost income

Non-economic damages consider how the injury has impacted your quality of life and relationships. These include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Mental anguish

For a spinal cord injury caused by gross negligence or misconduct, such as a violent act, a jury may award punitive damages. These are meant to punish the perpetrator and prevent reoffending. They are not as common and are awarded at a jury’s discretion.

What Is the Average Payout for a Damaged Spinal Cord in Chicago?

The average payout for a spinal cord lawsuit is $2,072,869. Payouts range between $2,312 and $43,825,000.

Several factors determine what you may receive for your injury. These include the severity of the injury, your age and occupation, liability and clarity of evidence, and available insurance policies.

Example Spinal Cord Damage Cases in Cook County

Tierney Darden was at O’Hare International Airport when a 700-pound bus shelter blew over on top of her, resulting in paralysis, neurogenic bowel, and neurogenic bladder. A jury awarded her $148,190,997.00.

Daniel Fisher was working at the Union Pacific Railroad Company railyard outside of Chicago, holding onto a ladder while a car was in motion. The train passed beside several stationary train cars, and Fisher was squeezed between them. This resulted in bulging lumbar intervertebral discs L4-5 and L5-S1, which required injections and physical therapy. He was awarded $10,000,000.00 by a jury.

Why You Need a Spinal Cord Injury Attorney

Spinal cord injuries are severe, often resulting in high medical bills and ongoing medical care. Because of the difficulty in properly evaluating cases and the high expenses, insurance companies regularly undervalue these claims to avoid paying.

A strong lawsuit must prove the extent of the injuries, evaluate life care plans, prove the economic impact, and assess the potential vocational options for the patient. The complexity of these cases requires professional expertise from medical experts, rehabilitation economists, and neuropsychologists who can thoroughly evaluate the patient’s current and future needs.

Thanks to our years of experience and extensive professional network, Chicago Injury Center can build strong cases based on medical testimony while effectively countering insurance companies’ tactics to avoid paying.

How Common Are Spine Injuries in Chicago?

Approximately 308,620 people nationwide live with traumatic spinal cord injuries, with around 78% being male. There are around 18,421 new cases of traumatic spinal injuries per year.

According to the Occupational Safety and Health Administration, there have been 30 occupational spinal injuries reported to the Chicago regional office since 2020.

Where Do Spinal Cord Injuries Occur Most Often in Chicago?

Common locations for spinal cord injuries include:

• Dangerous intersections like Lake Shore Drive & Belmont or Western & North Avenue.
• Gold Coast and River North construction site with scaffolding and ladders.
• CTA stations, such as Berwyn Red Line or Irving Park Blue Line.
• Hospitals like UChicago Medicine or Northwestern Memorial Hospital due to medical negligence.
• High-crime neighborhoods, like Pilsen or Bridgeport.

What Laws Govern Spinal Cord Injury Claims in Chicago?

Those hurt at work can use the Illinois Workers’ Compensation Act to recover lost wages and medical bills (820 ILCS 305). This is a no-fault system, meaning you don’t have to prove negligence.

Personal injury claims use modified comparative negligence (735 ILCS 5/2-1116). You can only sue if you are less than 50% responsible, and your percentage of blame reduces your compensation. It is possible to sue more than one responsible party due to the Joint Tortfeasor Contribution Act (740 ILCS 100/).

If you were hurt on another person’s property due to someone else’s negligence, you can sue them for failing to provide safe premises for invited guests (740 ILCS 130/). Next of kin can sue for a fatal spinal cord injury using the Wrongful Death Act (740 ILCS 180/).

Those who were harmed due to medical negligence can sue hospitals and doctors (735 ILCS 5/2-1701). As the appellate case Hilgenberg v. Kazan demonstrates, it can be challenging to prove negligence, as not all adverse outcomes are due to negligence. In this case, it was found that the patient suffered from diabetes, which put him at higher risk of complications during surgery.

For malpractice, you must provide an affidavit of merit from a qualified medical professional who can demonstrate that the negligent professional failed to adhere to standards of care in the case (735 ILCS 5/2‑622). This can also help to refute claims that the adverse outcome was due to pre-existing conditions.

How Long Do I Have to File a Spinal Cord Injury Lawsuit in Illinois?

There is a statute of limitations of two years for personal injury (735 ILCS 5/13-202), medical malpractice (735 ILCS 5/2-1701), and wrongful death (740 ILCS 180/). For workers’ compensation, victims have two years from the date of their last payment from the company, or three years after the accident, whichever is later (820 ILCS 305/6).

Who Can Be Held Liable for a Spinal Injury in Chicago?

Our law firm will hold all potentially liable parties accountable. This can include:

• Negligent drivers
• Employers, for job-related injuries
• Property owners
• Hospitals and physicians for malpractice
• Construction site contractors
• Product manufacturers for defective products or equipment

Common Defenses in Spinal Cord Injury Cases

Insurance companies will fight to avoid liability by using these common defenses. We will counter them using strong evidence to ensure you have the best chance at success.

Preexisting Conditions: If you have another medical condition, this may be used to prove you were predisposed to the injury. We can use medical records and expert testimony to demonstrate how your injuries are connected to the accident.

Comparative Negligence: This defense attempts to place the majority of the blame on you, such as failing to wear a seatbelt or use fall protection. We can use accident reports, prior complaints, witness statements, surveillance footage, and expert opinions to refute this argument.

Causation: The insurer will argue that your injury was due to someone else’s negligence or was not a direct result of the accident. Incident reports, witness testimony, medical reports, and accident reconstruction can directly connect your pain to the defendant’s actions.

How to Strengthen Your Spinal Injury Case in Chicago

Take prompt action after a spinal cord injury, both to protect yourself and preserve your legal rights. Follow these steps as soon as possible.

• Seek immediate medical attention, including a neuropsychological evaluation.
• Preserve imaging, including X-rays, MRIs, and CT scans.
• Keep a journal of your treatments, pain, and limitations.
• Do not discuss your condition on social media.
• Contact an attorney as soon as possible, and do not speak to third parties without a lawyer present.

How a Chicago Spinal Cord Injury Attorney Can Help

Working with our top-rated law firm gives you the best chance at fair compensation. We can assist with the following tasks:

• Coordinating independent medical exams and life care planning.
• Accurately assessing damages, including lost earning capacity.
• Filing, coordinating, and litigating complex claims with multiple liable parties.
• Aggressively negotiating with insurance agencies and other third parties.
• If necessary, litigating your case in the Circuit Court of Cook County.

FAQs

How do you determine liability in a spinal cord injury claim?

Liability is determined by negligence, which includes four factors: duty of care, breach of duty, causation, and damages. This means that the responsible party failed to act safely, resulting in your injuries and financial losses.

Do spine injuries always result in paralysis?

No, spinal cord injuries do not always result in paralysis. Typically, complete spinal cord injuries will result in paralysis, while incomplete spinal cord injuries may cause other symptoms like bowel dysfunction, loss of sensation, and pain.

How long do symptoms of spinal cord injury take to develop?

Some victims experience symptoms immediately, while others may take days or weeks to appear. Many victims suffer spinal shock, which is a sudden loss of sensation that can take hours or days to abate.

What are the consequences of spinal cord injuries?

Consequences of spinal cord injuries include paralysis, loss of sensation, pain, sexual dysfunction, breathing difficulties, increased risk of blood clots and pressure ulcers, and emotional distress.

Do different parts of the spine result in different injuries?

Yes, different parts of the spine result in different injuries. Typically, the higher up on the spinal cord that the injury occurs, the more severe the disability. These are the different regions of the spine and the associated injuries.

Cervical (C1-C7): Cervical injuries are often the most severe, resulting in complete or partial paralysis. Those above the C3 may cause trouble breathing, while injuries in the lower cervical region may result in difficulty with arm and hand control. Patients have loss of bowel and bladder function and may develop muscle spasms, which can be painful.

Thoracic (T1-T12): Located in the middle of the spine, injuries to this region can also result in paraplegia. Injuries higher up, such as in the T1 and T2 area, often result in total paraplegia, while lower injuries may still allow for control of the trunk and upper limbs.

Lumbar (L1-L5): Injuries in the lumbar region can result in long-lasting pain that is difficult to treat. Some patients suffer from stiffness and a limited range of motion in the lower limbs. It can also result in sciatica, or radiating pain, and muscle spasms.

Sacral (S1-S5): Sacral injuries can result in loss of sexual function, loss of function and pain in the lower trunk and legs, bowel and bladder dysfunction, and weakness or paralysis in the legs and feet.

Coccygeal (Co1-Co5): The coccyx is the tailbone, and while injuries here do not typically need surgical intervention, they can be painful and long-lasting. Some patients suffer from pain in the legs and arms due to pinched nerves.

What are complete vs incomplete injuries to the spine?

Complete spinal cord injuries result in total loss of function below the injury, such as paraplegia or quadriplegia. Incomplete spinal cord injuries mean that the spinal cord is damaged but still has some function. Patients with incomplete injuries may have some motor control, but it varies depending on the severity of the injury.

What does spinal cord injury treatment involve?

Spinal cord injury treatment depends on the severity of the injury. Common treatments include:

• Stabilization and immobilization
• Surgery to remove fragments, fuse vertebrae, and support the spine
• Physical therapy and rehab therapy
• Psychological support
• Corticosteroids and anti-inflammatories
• Nerve blocks to reduce pain

Can you completely recover from a spinal cord injury?

Generally, no. While some patients will recover some function, most patients, especially those with severe injuries, will not completely heal. Most recovery occurs within the first six months, though there may be minor improvements within the first one to two years.

Who can file a wrongful death claim in Illinois?

The next of kin or personal representative can file a claim (740 ILCS 180/). This may be a surviving spouse, parent, adult child, sibling, or other relative.

Are spinal cord injuries preventable?

Many spinal cord injuries are preventable, though some, like violent trauma or motor vehicle accidents, cannot be prevented. These are common ways to prevent these injuries:

• Wear a seatbelt and ensure children are using the proper restraints.
• Do not text and drive.
• Practice defensive driving and avoid high-collision areas if possible.
• Never drive above Chicago’s terrestrial speed limit of 30 mph (9-12-070).
• Be cautious when walking on wet, icy, or slippery surfaces.
• Keep floors clean and clutter-free. Always use handrails when available.
• Use fall protection systems at work, including harnesses and hard hats.
• Use the proper safety equipment for recreational activities like sports or swimming in Lake Michigan.

How much does a spinal cord injury attorney cost in Chicago?

Our lawyers work on a contingency fee basis. No fee unless we win.

Can I recover compensation for home modifications and wheelchairs?

Yes, home modifications and wheelchairs can be considered part of economic damages and are recoverable.

Call Us to Schedule a Free Case Review

Spinal cord injuries are devastating, but you don’t have to fight alone. Chicago Injury Center helps spinal injury victims recover the highest possible compensation on a contingency fee basis, which means no fees unless we win. Contact us today for a free consultation about your legal rights.