Table of Contents
A serious spinal injury can make everyday activities difficult, prevent you from working, and require months of treatment or ongoing medical care. When another person's negligence causes the injury, the financial consequences may extend well beyond your initial hospital bills.
An Elgin spinal injury lawyer can help you establish liability, document the full extent of your injuries, and pursue compensation for accident-related losses.
At Conboy Law, we represent individuals and families affected by spinal injuries in Elgin, Illinois. Call 312-726-9000 to discuss your accident and available legal options.
How Conboy Law Can Help With a Spinal Injury Claim in Elgin
Spinal injury cases often involve disagreements about medical causation, the severity of symptoms, and whether future treatment is necessary. Insurance companies may also question the relationship between diagnostic findings and the accident.
Our legal team can help by:
- Investigating the accident: Reviewing reports, photographs, witness statements, and available footage.
- Establishing liability: Identifying negligent drivers, property owners, contractors, or other responsible parties.
- Evaluating medical evidence: Reviewing imaging results, physician assessments, and treatment histories.
- Documenting financial losses: Assessing medical expenses, lost income, rehabilitation, and anticipated future costs.
- Negotiating with insurers: Presenting evidence-supported claims and evaluating settlement offers.
- Pursuing litigation: Filing a lawsuit when necessary to protect your legal interests.
We focus on connecting the circumstances of your accident to documented injuries and recoverable damages.
What Types of Spinal Injuries Can Lead to a Lawsuit?
Spinal injuries involving vertebrae, discs, nerves, or the spinal cord may support a personal injury lawsuit when another party's negligence caused or aggravated the condition.
The appropriate legal evaluation depends on the diagnosis, medical evidence, and resulting limitations.
Herniated Discs and Spinal Fractures
A herniated disc occurs when disc material extends beyond its normal position, potentially irritating nearby nerves. Symptoms may include back pain, weakness, numbness, or radiating discomfort.
Vertebral fractures involve broken spinal bones. Depending on their severity, these injuries may require immobilization, surgery, or rehabilitation.
Spinal Cord and Nerve Damage
Spinal cord injuries can disrupt communication between the brain and body, potentially affecting movement, sensation, and other functions. Some injuries cause lasting neurological impairment, while others have different functional consequences.
Not every spinal injury involves spinal cord damage, and medical findings must support claims concerning permanent limitations.
Common Causes of Spinal Injuries in Elgin
Spinal trauma can occur in various accidents involving sudden force, falls, or unsafe conditions.
Potential causes include:
- Car accidents: Rear-end, head-on, and side-impact collisions may damage spinal structures.
- Truck accidents: Commercial vehicle crashes can involve substantial impact forces.
- Motorcycle accidents: Riders may suffer spinal injuries during direct impacts or falls.
- Slip and fall accidents: Unsafe floors, stairs, or walking surfaces may contribute to serious injuries.
- Construction accidents: Falls, collapsing structures, and equipment incidents can cause spinal trauma.
- Pedestrian accidents: Vehicle impacts may produce fractures or neurological damage.
Elgin's roadway network includes Randall Road, Route 31, and Interstate 90. However, the location of an accident does not establish negligence. Liability depends on the specific conduct and available evidence.
Who Can Be Held Liable for a Spinal Injury?
A person or business may be liable when its negligence or other legally actionable conduct causes a spinal injury. Most Illinois negligence claims require proof of duty, breach, causation, and damages.
Drivers and Commercial Vehicle Operators
A driver may be responsible for injuries caused by speeding, distracted driving, or failing to obey traffic requirements. In commercial vehicle accidents, an employer may also face liability for an employee's negligence committed within the scope of employment.
Property Owners and Other Parties
Under the Illinois Premises Liability Act, 740 ILCS 130/2, property owners and occupiers owe applicable duties of reasonable care. Liability may arise when a legally actionable dangerous condition causes an injury.
Other responsible parties may include negligent contractors or manufacturers of defective equipment, depending on the circumstances.
How Do You Prove a Spinal Injury Was Caused by an Accident?
Proving causation generally requires evidence connecting the accident to the diagnosed spinal condition and resulting physical limitations. Medical records are important, but the diagnosis alone may not establish when or how the injury occurred.
Relevant evidence can include:
- Emergency treatment records documenting initial symptoms
- MRI, CT, and other appropriate imaging results
- Physician assessments and specialist opinions
- Treatment histories and rehabilitation records
- Documentation of functional limitations after the accident
Accident reports, witness testimony, and photographs may also help establish the forces or circumstances involved.
What if You Had a Preexisting Back Condition?
A preexisting spinal condition does not automatically prevent compensation if another party's negligence aggravated that condition.
Illinois Pattern Jury Instruction 30.21 recognizes damages for accident-related aggravation of existing conditions when supported by the evidence. Previous medical records and physician opinions may help distinguish earlier symptoms from accident-related changes.
However, compensation generally concerns losses legally attributable to the accident, not unrelated medical conditions.
Get Justice, Not Excuses, After a Spinal Cord Injury
What Compensation Can You Recover for a Spinal Injury?
Spinal injury compensation may include medical expenses, lost earnings, future treatment costs, and non-economic damages when supported by the evidence.
There is no standard settlement amount in Illinois. The value depends on liability, injury severity, medical findings, available coverage, and financial consequences.
Economic Damages
Economic damages may include:
- Emergency care, hospitalization, and surgery
- Diagnostic imaging, therapy, and rehabilitation
- Reasonably anticipated future medical expenses
- Lost wages and reduced earning capacity
- Necessary mobility equipment or personal assistance
Non-Economic Damages
Non-economic damages may address pain and suffering, disability, disfigurement, and loss of normal life. Evidence showing how the injury affects employment, mobility, recreation, and everyday responsibilities may help establish these losses.
Why Future Treatment Costs Matter
Some spinal injuries require continuing care after initial treatment ends. Others involve additional procedures, pain management, rehabilitation, or lasting work restrictions. When supported by medical evidence, these future consequences may form an important part of a personal injury claim.
Qualified medical and financial experts may help assess expected treatment expenses and reduced earning capacity. A settlement evaluation should consider reasonably anticipated losses before the injured person signs a release resolving the claim.
Can You Sue for a Workplace Spinal Injury?
An employee injured at work may qualify for workers' compensation benefits and, in some circumstances, a separate lawsuit against a negligent third party.
Under the Illinois Workers' Compensation Act, 820 ILCS 305/5, workers' compensation generally provides the exclusive remedy against a covered employer for qualifying workplace injuries, subject to exceptions.
A third-party lawsuit may be possible when an unrelated contractor, negligent driver, or equipment manufacturer caused the injury. Workers' compensation reimbursement rights may affect the proceeds from a third-party recovery, making it important to evaluate both claims together.
What if You Were Partially Responsible for the Accident?
Illinois generally permits compensation when your percentage of fault does not exceed 50%, but your recovery is reduced according to your share of responsibility. Under 735 ILCS 5/2-1116, recovery in covered cases is barred when the plaintiff's fault exceeds 50%.
For example, a $250,000 award would be reduced to $200,000 if the injured person were found 20% responsible.
An insurer's proposed fault allocation is not necessarily final. Physical evidence and witness statements may support a different determination.
How Long Do You Have to File a Spinal Injury Lawsuit?
Most Illinois personal injury lawsuits must be filed within two years after the cause of action accrues, under 735 ILCS 5/13-202. Exceptions and different deadlines may apply.
For example, 745 ILCS 10/8-101 generally imposes a one-year deadline for many claims against local public entities and employees, with different provisions for certain patient-care claims.
Workers' compensation and medical malpractice claims may follow separate requirements. Identifying the proper deadline early helps protect your legal options.
What Should You Do After Suffering a Spinal Injury?
Following a spinal injury, medical care should remain your first priority. These additional steps may help preserve information relevant to your claim.
- Obtain medical attention: Seek appropriate evaluation and follow treatment recommendations.
- Report the accident: Notify law enforcement, a property owner, or an employer when appropriate.
- Preserve evidence: Keep photographs, accident reports, and witness contact information.
- Maintain treatment records: Document diagnoses, appointments, medications, and rehabilitation.
- Track financial losses: Record missed work, medical bills, and accident-related expenses.
- Avoid premature settlements: Consider future treatment needs before accepting an offer.
- Consult an attorney: Legal guidance can help establish liability and identify filing deadlines.
We treat your case like it’s our own
Speak With an Elgin Spinal Injury Lawyer at Conboy Law
A spinal injury can affect your health, employment, and financial stability. When negligence caused your injury, Illinois law may allow you to pursue compensation for qualifying current and future losses.
At Conboy Law, we help injured individuals and families investigate serious accidents, evaluate medical evidence, and pursue claims against responsible parties.
If you need an Elgin spinal injury lawyer, call Conboy Law at 312-726-9000 to discuss your injuries, legal rights, and potential next steps.
Joseph M. Conboy is the founding attorney of Conboy Law and represents victims and families in serious personal injury, medical malpractice, and wrongful death cases throughout Illinois. He has obtained numerous multi-million-dollar results and has been recognized by Super Lawyers as a Rising Star. As the firm’s primary litigator, he works closely with clients to build strategies tailored to the facts of each case.
