Chicagoland accident victims fortunate to survive may still face the lifelong consequences of a disfiguring injury.
There is an extremely high danger of being badly injured in an accident here in the Chicago metro area. This is true for several reasons. Motor vehicle accidents may happen due to our notorious traffic congestion, bottlenecks, and road work zones, for instance. Pedestrians are at a very high risk. Distracted driving is a huge problem here.
Moreover, many jobs in Chicagoland are on worksites known for their hazards, including construction; transportation and logistics; warehousing; agricultural; and manufacturing. Every day, workers are tasked with things that come with high risks of bodily harm. This includes working with power tools; working at heights; working with toxins; etc. For more, read: What are the Most Dangerous Jobs in Chicagoland?
Consider the various tasks in Chicago area industries that demand heavy machinery. Statistics warn that over half of all work-related amputations are caused by on-the-job accidents involving machinery, according to the Bureau of Labor Statistics.
Safety agencies and advocates for accident victims understand that each year there will be many family members and friends grieving the tragic loss of a loved one in a Chicago accident. Thankfully, many more victims hurt on the job or in motor vehicle accidents will be blessed to survive.
For some of these accident victims, they will then have to face the lifelong consequences of permanent harm. Too many accidents result in disfigurement of the human body that cannot be resolved. Victims suffer things like burn scars and amputations.
Read: Traumatic Amputations in Industrial Accidents; and Amputations and Motor Vehicle Accidents in Indiana or Illinois
Fortunately, Illinois personal injury law (as well as federal statute in some instances) will provide help and hope in the form of damage claims that can be asserted against those who are legally liable for what has occurred. Disfigurement is a recognized element of legal recompense under Illinois law.
What is Disfigurement Under the Law?
Disfigurement is recognized as a separate element of compensable damages in Illinois. Holston v. Sisters of the Third Order of St. Francis, 165 Ill.2d 150, 175; 650 N.E.2d 985, 997; 209 Ill.Dec. 12, 24 (1995); Simon v. Kaplan, 321 Ill.App. 203, 52 N.E.2d 832 (1st Dist.1944). See, Section 30, page 6 of 37 of the Illinois Pattern Civil Jury Instructions.
Disfigurement involves many things, but it is always an obvious and substantial change in the victim’s physical appearance caused by the accident injury.
From the Illinois Supreme Court in Corn Products Co. v. Industrial Comm’n., 51 Ill.2d 338, 341-342, 282 N.E.2d 445 (Sup. Ct. 1972):
…this court defined disfigurement as “that which impairs or injures the beauty, symmetry or appearance of a person or thing; that which renders unsightly, mis-shapen or imperfect or deforms in some manner.”
An accident victim’s disfigurement may involve things like:
- Immediate amputation: loss of limb in the accident itself (traumatic amputation)
- Medical amputation: loss of limb due to irreversible damage requiring removal
- Burns: any severe burn will alter the surface of the skin as well as its inner layers
- Scars: bodily harm may heal with one or more scars, some covering large sections of the body
- Discoloration: some injuries heal with darkening or discoloration of the damaged area
- Facial damage: physical injuries may heal but result in a changed appearance to the face.
Also read: Amputations in Factory Work: Severe or Deadly Manufacturing Accidents; Amputation Injuries from On-the-Job Work Accidents in Indiana or Illinois; and Burn Injury Accident Claims: Calculating Justice for Burn Victims.
Causes of Disfigurement in Chicago Accident Victims
These types of life-altering personal injuries can happen in an instant. It is maddening to realize that in the majority of these cases, the disfigurement is the result of a preventable accident like:
- Pedestrian accidents,
- Motor vehicle collisions,
- Semi-truck crashes,
- Work truck accidents,
- Heavy machinery accidents,
- Heavy equipment accidents,
- Farming equipment accidents,
- Power tool accidents,
- Chemical spills,
- Explosions,
- Electrocutions,
- Fires, and
- Falls.
Even medical malpractice (like surgical errors or failures in medical care and treatment) can cause permanent disfigurement recognized under the law. See, Danger of Dying from Medical Error: Patient Safety and Preventable Malpractice Deaths
Victim Must Establish Right to Compensation for Accident Disfigurement
The overwhelming truth for accident victims and their loved ones is that while they have to cope with the circumstances surrounding the injury itself and the aftermath, they also have the job of seeking justice against those responsible for what happened.
It is the responsibility of the accident victim to pursue legal claims for justice after investigating the factual causes and corresponding legal bases. This must be done within a specific time period, too, or the claims will be barred as being filed too late under the Illinois statute of limitations (735 ILCS 5/13-202). Read, Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
In order to seek monetary compensation from those whose neglect, mistakes, or gross misconduct caused the accident and disfigurement, there must be admissible evidence sufficient to prove a duty of care was breached and caused the resulting harm.
Victims may successfully meet this burden of proof by working with their advocate and accident analysis experts with medical records; medical provider testimony; personal photographs; and expert opinions on the nature and extent of the disfigurement and its impact on his or her quality of life.
Available compensation for disfigurement, and all other injuries sustained, includes not only the past medical care and treatment, but compensation for future hospitalizations; all surgeries and subsequent treatments; drugs; prosthetics; and even transportation to and from medical treatments, if proven by the evidence.
It will also include things like physical pain and suffering; psychological harm (depression, anxiety, etc.); societal harm (lifestyle changes, reclusiveness, etc.); and damage to earning capacity (career impact).
Claims for Justice After Amputation or Disfigurement in a Chicago Accident
For victims of an accident in the Chicago metropolitan area, Illinois comparative negligence laws come into play to provide monetary damages for those who have suffered disfigurement or amputation. The state workers’ compensation laws may also be involved if the injuries happened during the course and scope of employment.
For more, read:
- Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages
- 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana
- 10 Types of Injury Damages That May Be Awarded to Accident Victims
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases
- Accident Reconstruction Experts and Injury Claims
- Course and Scope of Employment: Industrial Accidents in Illinois and Indiana.
Amputations and disfigurements can be devastating not only to the victims but to their family and friends. Anyone suffering in a Chicago accident that resulted in disfigurement has a right to investigate the incident for legal recompense. Please be careful out there!
