Serious accidents on the road or on the job can result in the accident victim’s tragic and untimely death; however, these incidents can also result in shockingly destructive bodily harm that forever changes the lives of both the victim and their loved ones. In fact, these accident injuries can be so serious and life-shattering that they have been legally recognized by Congress alongside both Indiana and Illinois as “catastrophic injuries” worthy of special consideration under the law.
- For more, read our discussion in What are Catastrophic Injuries? Severe Bodily Harm Suffered by Accident Survivors in Indiana and Illinois.
Catastrophic injuries can be the result of a variety of incidents, from medical malpractice to sporting event injuries, semi-truck crashes, construction site falls, or a steel mill electrocution. Regardless of the accident itself, catastrophic injuries share the same common characteristics: the victim has survived the incident only to face a lifetime altered by permanent bodily damage requiring long-term medical, psychological, and rehabilitative care.
These victims need help for the rest of their lives. They suffer from the physical consequences of traumatic brain injury; spinal cord injury; or amputations, alongside pain and suffering, depression, and loss of earning capacity, companionship and consortium with loved ones, and more.
State and Federal Legal Definitions of Catastrophic Injury
The federal definition of “catastrophic injury” can be found in 42 U.S.C. §3796b(1), which explains it to be “…an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.” This definition will apply to federal injury claims filed in federal court. See, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Indiana’s state lawmakers defined the term by statute (IN Code § 35-31.5-2-34.5 (2019)) as “… bodily injury so severe that a person’s ability to live independently is significantly impaired for a period of at least one (1) year. The term includes an injury causing blindness, deafness, paralysis, or an intellectual disability.” This is the definition that will apply to any injury claim filed under Indiana law. For more, read: The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois.
For accident victims in Illinois, there is no specific statutory definition for catastrophic injuries to be found in the statutory codes or regulations drafted by lawmakers. Instead, Illinois state court case precedent provides legal protections for these types of horrific injuries, with the holding of the Illinois Supreme Court having the force of law regarding the definition of “catastrophic injury” in Illinois injury claims. See, e.g., Krohe v. City of Bloomington, 789 N.E.2d 1211, 204 Ill. 2d 392, 273 Ill. Dec. 779 (2003).
Statutory Time Limits for Filing Catastrophic Injury Claims
Deadlines are written into both state and federal law that establish time limits for accident victims and their loved ones to pursue legal claims for damages sustained in an accident. These “statutes of limitations” set time tickers that begin at the time that the cause of action accrued, unless there is a legal reason to toll them. One example of tolling the time ticker is when a minor is the accident victim, and the law extends the ability to seek legal redress until that child is an adult.
There can be no greater tragedy than an accident victim having to face a life of permanent damage, pain, and suffering, only to find that a totally legitimate claim for relief will not be respected by those responsible for those bodily injuries because they can hide behind a deadline defense.
How long do you have to file a catastrophic injury claim? As a general rule, the personal injury accident victim in Indiana and Illinois has two (2) years from the date of the incident to file a legal claim in a court of proper jurisdiction. However, limitations calculations can be complicated and it is wise for any victim to seek legal assistance in determining the filing deadline for their particular situation.
Legal Damages Available to Accident Victims of Catastrophic Injuries
The crux of any catastrophic injury claim, regardless of the type of accident which resulted in the bodily harm, is the reality the victim must face in the accident’s aftermath. As with all personal injury cases, justice must initially involve covering the medical expenses and costs involved in the care and treatment of the accident victim after the incident.
However, catastrophic injury claims are much more complex than other types of personal injury matters. The total damage amounts demanded of those legally liable to the victim (and their loved ones) may involve millions of dollars.
These cases must provide justice for someone who can no longer handle working for a living or find employment because of an accident caused by the wrongdoing of another party. They must provide compensation to cover care and treatment necessary for the long-term, which can be decades depending upon the projected lifetime of the victim after the injury assessment.
Special consideration must be given to other losses as well, including the personal and psychological losses sustained regarding the victim’s personal relationships. Marriages and parent-child relationships are irretrievably changed after a catastrophic injury.
Moreover, experts must extrapolate reasonable coverage for the oftentimes permanent pain and suffering with which the victim may have to cope. Permanent impairment (such as a loss of limb; blindness; deafness) will demand compensation for the course of the victim’s lifetime.
As these damage amounts justifiably increase, defendants along with their defense counsel and insurance adjusters are notorious for fighting to keep these claims as low as possible – even to the extent of disrespecting the victim and discounting their own breach in the duty of care and safety which resulted in the horrific accident that caused the harm.
- For more, read: Nuclear Verdicts in Fatal Semi-Truck Crashes and Truck Safety Coalition Releases 50-Page Report Denouncing Trucking Industry’s Position on Nuclear Verdicts.
Justice for Accident Victims with Catastrophic Injuries in Indiana and Illinois
Appreciation that a loved one has survived a horrific accident is foremost: every accident victim who survives has achieved victory over death. Sadly, when catastrophic bodily harm is involved, both that victim and their loved ones will face battle after battle in the weeks, months, and years ahead in the war against the catastrophic injuries’ realities.
These life-altering claims are given special respect under both state and federal law. Each catastrophic injury deserves individual consideration to determine the underlying reasons for the incident itself as well as identification of all those parties who are legally liable to financially provide for the victim and their loved ones’ legally defined claims for damages.
Claims based upon negligence, product liability, premises liability, and/or medical malpractice may provide avenues for justice to the catastrophic injury victim.
For more information, read:
- Burn Awareness Week: Serious and Fatal Accident Burn Injuries
- Amputation Injuries from On-the-Job Work Accidents in Indiana or Illinois
- Amputations and Motor Vehicle Accidents in Indiana or Illinois
- Traumatic Brain Injury Accidents: the Cost of Care and Treatment
- Spinal Cord Injuries: Tragic Result of Serious Accidents
- Military Medical Malpractice: 2021 Procedure for Filing Injury Claims
- Pain Suffered by Accident Victims: September is Pain Awareness Month
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
In both Indiana and Illinois, as well as under federal law, there are specific legal protections in place for those who suffer devastating bodily harm defined by law as “catastrophic injuries.” Statutes also place time limits for these claims for justice to be pursued. Please be careful out there!
