When someone suffers a catastrophic injury in a car accident, the effects are often life-changing. These cases go beyond the usual broken bones or whiplash. We’re talking about traumatic brain injuries, spinal cord damage, amputations, or severe burns—injuries that will impact someone’s life permanently. As car accident attorneys serving Lake County, we understand what these injuries mean for you and your family. Medical costs are enormous, future care is uncertain, and your ability to work and enjoy life may be forever altered. That’s why Illinois law gives you the right to pursue compensation, and we’re here to help you secure everything you’re legally entitled to receive.
Illinois doesn’t have a specific legal definition for “catastrophic injury,” but courts recognize that certain injuries are more severe and have longer-lasting effects than others. In our legal practice, we refer to catastrophic injuries as those that result in long-term or permanent disability, disfigurement, or loss of bodily function. Under 735 ILCS 5/2-1115.2, damages in personal injury cases involving permanent disfigurement or disability are treated differently than standard injuries. These cases often justify higher non-economic damages, including pain and suffering and loss of normal life.
To recover damages in a catastrophic injury case, we must prove that another party was at fault. Illinois follows a modified comparative negligence rule found in 735 ILCS 5/2-1116. This means you can recover damages if you were less than 50% at fault for the crash. However, your compensation is reduced by your percentage of fault.
We start every case by investigating the accident thoroughly—interviewing witnesses, reviewing police reports, reconstructing the scene, and working with medical professionals who understand the long-term implications of your injuries. We know how to show the full extent of your losses and hold the at-fault driver and their insurance company accountable.
Illinois law requires all drivers to carry minimum insurance limits, but in catastrophic cases, those limits often aren’t enough. The state minimums under 625 ILCS 5/7-203 are:
These limits don’t come close to covering the real costs of a life-altering injury. That’s why we examine all available insurance options, including the at-fault driver’s policy, your own underinsured motorist (UIM) coverage under 215 ILCS 5/143a, and possibly third-party liability claims if another vehicle, company, or product contributed to the accident.
When injuries are severe, compensation must cover much more than initial hospital bills. In Illinois, damages fall into two categories: economic and non-economic.
Economic damages include:
Non-economic damages include:
We work closely with economists, life care planners, and medical professionals to project future costs and present a clear picture of your damages to the court or insurance carrier.
If a loved one died from a catastrophic injury in a car crash, Illinois law allows certain family members to pursue a wrongful death claim under 740 ILCS 180/1. This claim allows recovery for funeral expenses, loss of financial support, and the emotional impact on the surviving family. We handle these claims with care and determination, always focused on honoring the memory of your loved one while protecting your legal rights.
If you were injured while driving for work, you may also be entitled to workers’ compensation under 820 ILCS 305/. This provides coverage for medical treatment, temporary or permanent disability, and wage replacement. In some cases, we can pursue both a workers’ comp claim and a third-party personal injury lawsuit if another driver or outside party was involved in the crash.
Illinois has a strict two-year statute of limitations for most personal injury cases, as found in 735 ILCS 5/13-202. This means you must file your lawsuit within two years from the date of the accident, or you may lose your right to recover damages. There are exceptions in certain cases—such as for minors or claims involving government vehicles—but time is not on your side. The sooner we can start working on your case, the better your outcome will be.
After any serious accident, getting immediate medical attention is the top priority. Once your condition is stable, you should contact a personal injury attorney who has experience handling catastrophic claims. We’ll begin investigating the accident, preserving evidence, and managing communication with the insurance companies while you focus on healing. It’s also important to avoid making statements to insurers without legal representation.
Yes. If your family member is incapacitated, a legal guardian or family member can file a claim on their behalf. Illinois law allows for court-appointed guardians to manage the case, pursue compensation, and make legal decisions in the injured party’s best interest. If the victim is a minor, a parent or legal guardian can represent them in court and during settlement negotiations.
In catastrophic injury cases, future care costs are calculated by medical experts and life care planners. They evaluate the extent of the injury, expected treatment over a lifetime, need for equipment or caregivers, and the costs of adapting the victim’s home and daily routine. These future damages are included in the settlement demand or trial presentation to ensure that your financial needs are fully covered.
Currently, there is no cap on damages in Illinois personal injury cases. The Illinois Supreme Court struck down a prior cap in LeBron v. Gottlieb Memorial Hospital (2010), ruling it unconstitutional. That means we can pursue full compensation for both economic and non-economic damages without limitation, provided we can prove the value of your losses.
If the at-fault driver was uninsured, we may still be able to recover damages through your own uninsured motorist (UM) coverage. Illinois law requires insurers to offer UM coverage equal to your liability limits unless you reject it in writing. We’ll review your policy and explore all coverage options to help you receive fair compensation even if the other driver lacked insurance.
At The Law Offices of Robert T. Edens, P.C., we know what’s at stake when someone you love is permanently injured—or when your life is turned upside down by a serious crash. Catastrophic injuries demand serious legal attention, and we’re here to help you recover full and fair compensation for everything you’ve lost. From medical costs to future care to holding negligent drivers accountable, we are committed to fighting for you every step of the way.
Contact our Antioch car accident lawyer at The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to schedule your free consultation. We represent clients throughout the state of Illinois, including from our offices in Antioch, Waukegan, and Woodstock, IL. Let us help you protect your rights, secure the compensation you deserve, and support your recovery after a catastrophic injury.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
© 2025 The Law Offices of Robert T. Edens, LLC., All Rights Reserved, Reproduced with Permission Privacy Policy | Sitemap | Disclaimer
Powered By 
