How to Choose a Catastrophic Injury Attorney in Chicago, Illinois


Okay… right out of the gate, let’s all acknowledge the elephant in the room; the more severe or catastrophic the personal injury sustained, the larger the financial settlement, at least theoretically. This means that talking about catastrophic injuries MUST include talking about money. It’s one of life’s unfortunate catch 22’s, right? We don’t want to be all about the money, but we’ll be damned if we don’t want a ton of it when one of our loved ones is a victim of a catastrophic injury. Why is the money so important? ‘Well, deems an injury catastrophic when a victim suffers “consequences of an injury that permanently prevent an individual from performing any gainful work.” Hence, that individual will forever NEED money to live and function in his/her daily life, not to mention to afford the lifelong medical expenses. Now that we’ve accepted the fact that the conundrum of being indescribably sad and devastated, while simultaneously wanting justice in the form of serious money, exists, let’s deal with the crucial decision of choosing Boudreau|Nisivaco as the catastrophic injury attorney for yourself or your loved one.


Catastrophic Injury Settlement Results and the Factors That Determine Them


Here we go again talking about the money. Sorry, but it is a major factor when choosing the right catastrophic injury lawyer. Although learning of a law firm’s big settlements is incredibly enticing and will most certainly induce an inclination to hire them, the question is why. Why hire them based on the dollar amount of their settled cases? According to LexisNexis, there are eight key factors that CAN affect how a personal injury settlement is determined. What victims of a catastrophic injury NEED is an attorney who is compassionate, experienced, buttoned-up and relentless when it comes to covering ALL aspects of the law that can and will positively impact your settlement. Let’s analyze three.


How Will the Severity of the Injury Affect My Catastrophic Injury Settlement?


Of course, the severity of any injury plays a significant role in the case result. This is due to the pain and suffering component when dealing with more serious injuries. For example, broken bones will result in higher settlements than soft tissue damage. Therefore, logic dictates that permanent or catastrophic injuries will net the highest personal injury payouts. That is exactly why it is essential to choose an attorney with extensive personal injury case experience, because they know how to settle cases to maximize the ultimate financial result.


How Does Certainty of Liability Impact Catastrophic Injury Settlements?


Certainty of Liability is key when seeking a higher settlement for any personal injury case, never mind the high-end settlements an attorney seeks for catastrophic injury cases. Your lawyer MUST be able to answer the question, “is the defendant actually liable for the catastrophic injuries to my client?” Now… the quality of your attorney’s investigation will determine the certainty of that answer. Hence, the phrase, “Certainty of Liability.” So, just how can your attorney successfully answer the question? Well, they should be able to fund an in depth investigation, which should include multiple credible witnesses’ testimony and the hardcore gathering of additional evidence, as needed, to prove that the defending party is liable, which, according to Merriam-Webster means, “obligated according to law…” and “judged by law to be responsible for something.” Therefore, law firms utilize investigators, just like police departments have detectives. Unlike the severity of an injury, though, which speaks for itself, at least to a certain extent, proving certainty of liability requires investigating, so the attorney you choose better have the experience, the man hours and the funding to make it happen. The bottom line is that the Certainty of Liability factor is the difference between an insulting settlement to make you go away and an exponentially grander settlement that indicates damn near admitting real liability.


How Does Emotional and Mental Trauma Influence Catastrophic Injury Settlements?


I know what you’re thinking… obviously ALL victims of catastrophic injury suffer from emotional and mental trauma, such as anxiety, depression and PTSD, so what’s to prove? There are two harsh realities to conquer for a catastrophic injury attorney. First, the level at which victims experience emotional and mental trauma and how that trauma impacts one’s ability to function normally can range wildly, so it is imperative that the catastrophic injury attorney you choose be acutely aware of what emotional trauma is and be able to facilitate a proper diagnosis via psychological trauma professionals. Second, the process an attorney MUST endure to prove the specific level of psychological trauma that their client is suffering from requires mental health experts’ psychoanalysis and testimony, not to mention the possibility of meeting a higher evidentiary bar. Ultimately, the attorney you choose better have the experience and the capacity to thoroughly take and fund all necessary steps to legally squelch the defendant’s claim, which they will make, that your emotional and mental trauma are minor.


Let’s come full circle as to how you should choose a catastrophic injury attorney in Chicago, Illinois. We know that many factors can impact how a personal injury settlement will be determined. In addition to the three covered in this article, there are other factors that can potentially impact the financial result of a catastrophic injury case specifically, such as having one’s daily life disrupted, excessive treatment and recovery cost, cost of litigation, possible newsworthiness and the overcoming of multiple legal hurdles during a case. It is essential to hire an attorney, especially for a catastrophic injury, who is acutely aware of and NEVER discounts ANY imaginable factors that can be utilized to leverage the liable party into the best possible settlement for you and your family. This also includes the patience to reject multiple settlement offers and emphasizing, one by one at the appropriate strategized time, each factor that will impact your attorney’s ability to gain control, as well as assessing the liable party’s true position and financial limit. When you trust Boudreau|Nisivaco with your catastrophic injury, we will treat you with the utmost compassion and use our vast legal experience in our unrelenting pursuit to achieve YOUR goal of a top level financial settlement.