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How Much Can You Recover for a Catastrophic Injury in a Car Crash?

 Posted on February 09, 2026 in Personal Injury

Cook County personal injury lawyersSerious car crashes happen in an instant and change lives forever. Severe injuries – also called catastrophic injuries – often require years of medical treatment, leaving victims unable to work and live their normal daily lives. This brings up difficult questions. Who should pay for these injuries? And is it possible to be compensated for more than just injuries? Can you recover lost income, for example? 

If someone else caused the accident that left you or your loved one with a catastrophic injury in 2026, you have the right to seek compensation for your losses. For catastrophic injuries, these costs can reach into the millions of dollars over a lifetime. Our Arlington Heights personal injury attorneys can answer your questions and help you pursue the compensation you need. 

What Qualifies as a Catastrophic Injury in Illinois?

A "catastrophic injury" is one that causes permanent damage and significantly changes your ability to live a normal life. These injuries are much more serious than a broken bone that heals in a few months or soft tissue damage that can be fixed with physical therapy. 

Common catastrophic injuries from car crashes include:

  • Traumatic brain injuries that cause permanent cognitive problems
  • Spinal cord injuries that result in paralysis or mobility loss
  • Severe burns that cover large portions of the body
  • Amputation
  • Crushing injuries that cause permanent organ damage
  • Injuries that leave someone in a permanent vegetative state

The key factor that makes an injury catastrophic is permanence. If your injury will affect you for the rest of your life and limit your ability to work, care for yourself, or enjoy activities you once loved, it likely qualifies as catastrophic.

What Types of Damages Can You Recover After a Serious Car Crash in Illinois?

Illinois law allows injury victims to recover two main types of damages in personal injury cases. These are called economic damages and non-economic damages.

Economic Damages

Economic damages are the financial losses you can calculate with bills and receipts. These include all past and future medical expenses. It also includes home modifications to accommodate your disability.

You can also recover lost wages for time you missed from work due to your injury. For catastrophic injuries, this often includes money you would have made in the future if you hadn’t been hurt. 

Non-Economic Damages

Non-economic damages compensate you for losses that do not have a clear dollar amount. These include pain and suffering, loss of the ability to enjoy your life, disfigurement, and more.

For catastrophic injuries, non-economic damages can add up to a lot. Living with paralysis, chronic pain, or cognitive impairment affects every moment of your day. Illinois does not cap non-economic damages in most personal injury cases, which means a jury can award whatever amount they believe fairly compensates you for your suffering.

What Factors Affect How Much You Can Recover in a Car Accident Lawsuit?

Several factors influence the value of a catastrophic injury claim. 

  • The severity of your injury and how it affects your daily life is the most important factor. You need strong medical evidence showing permanent impairment, which includes expert witnesses testifying on your behalf. 
  • Your age and occupation also matter. A 30-year-old with a bright career ahead of them will typically recover more for lost earning capacity than someone near retirement age. 
  • Who was at fault in the accident affects your case as well. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116, which means your recovery is reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you cannot recover anything.

How Long Do You Have to File a Catastrophic Injury Claim in Illinois?

Under Illinois law, you usually have two years from the date of the car crash to file a personal injury lawsuit. This deadline is called the statute of limitations. If you miss this deadline, you lose your right to seek compensation, no matter how severe your injuries may be or how obvious it is that someone else caused them.

For catastrophic injuries, two years may not seem like enough time, especially if you are still in treatment. However, it is important to start the legal process as soon as possible for the best outcome. 

Call an Arlington Heights, IL Personal Injury Attorney Today

At Dickler, Kahn, Slowikowski & Zavell, Ltd., our Cook County personal injury lawyers have over 150 years of combined legal experience fighting for injury victims. We understand how to build strong cases that accurately reflect the true cost of catastrophic injuries. We offer free consultations for personal injury cases. 

Call Dickler, Kahn, Slowikowski & Zavell, Ltd. at 847-593-5595 today.

We speak Polish, Ukrainian, Russian, Hindi, Spanish, French, and Greek.

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