Defining Incapacitation in Chicago Catastrophic Injury Cases

After a catastrophic injury, issues can arise for the victim that can lead to legal incapacitation. If a person is determined to be incapacitated, it can impact their ability to make decisions about their health, finances, and quality of life. This determination can also affect the types and amounts of damages that can be pursued. Understanding how incapacitation applies to catastrophic injury cases is essential if you believe you need to make decisions about your loved one’s medical care, long-term planning, or legal matters because they are unable to make those decisions themselves.

At Kaveny + Kroll Trial Lawyers, we recognize that incapacitation is a serious legal concept with significant implications. By defining incapacitation in Chicago catastrophic injury cases and how it applies to your situation, we provide clarity so you can focus on caring for your loved one. Our attorneys will meet with you to discuss how this affects your loved one and your family.

What Does Incapacitation Mean in a Legal Context?

In legal terms, incapacitation refers to an individual’s inability to make informed decisions about their health, finances, or personal affairs because of the severity of their injuries. In catastrophic injury cases, incapacitation is often associated with conditions such as:

Traumatic brain injury
Spinal cord damage
Severe neurological disorders
Loss of cognitive or motor function
Severe burns
Loss of a limb
Coma or vegetative states

We use medical evidence, expert evaluations, and assessments of the impact on daily life to determine incapacitation for catastrophic injury cases in Chicago.

Why Is Incapacitation Important in Catastrophic Injury Claims?

Defining incapacitation helps determine the types and amounts of compensation that you can pursue in your Chicago catastrophic injury case. When an individual is legally incapacitated, it can require:

Appointment of a legal guardian or representative
Expanded claims for future medical costs, home care, and rehabilitation
Consideration of the lifetime earnings lost due to the inability to work
Damages for loss of enjoyment of life and permanent disability

At Kaveny + Kroll, we understand the long-term impact that incapacitation can have on both the injured individual and their family.

By presenting evidence such as medical records, neuropsychological evaluations, and expert testimony, we will work to demonstrate to the legal system the losses you and your loved ones have suffered. For example, a person can be conscious but unable to manage finances, or they may appear outwardly functional but experience cognitive impairments.

Our role is to ensure the court fully understands the impact of the injury so that any compensation awarded accurately reflects the severity of the injury.

How Incapacitation Shapes a Catastrophic Injury Claim

In Chicago catastrophic injury cases, the degree of incapacitation is a key factor in determining the value of a claim. The consequences of a severe injury extend beyond the injury itself and can significantly impact the victim’s future.

Economic damages cover measurable financial losses. This includes medical expenses that have already been incurred, as well as those expected in the future. Economic damages can also include wages already lost and income that will never be earned because the individual cannot return to work.

Non-economic damages cover the losses that cannot be qualified on a balance sheet. They reflect the pain and suffering endured, the emotional toll of permanent disability, and the loss of the simple everyday joys of life. At Kaveny + Kroll, we fight for outcomes that deliver both financial security and justice.

Speak With Our Chicago Catastrophic Injury Attorneys Today for Help Defining Incapacitation in Your Case

Defining incapacitation in Chicago catastrophic injury cases can be complex. At Kaveny + Kroll Trial Lawyers, we are here to guide you and understand what it takes to move forward.

We combine the trial experience of a large firm with the personal attention that makes a real difference for families facing the most challenging circumstances. If you need guidance on incapacitation and its role in a catastrophic injury case, contact our team at Kaveny + Kroll today.

$32M

Recovery for an 8-year-old girl whose four-limbs were amputated after a delay in the diagnosis and treatment of an infection, leading to severe septic shock.

$16M

Recovery for wrongful death of a husband and father of three due to undiagnosed aortic dissection in emergency department 2 days earlier.

$12M

Recovery for a 37-year-old man who suffered the partial amputation of both of his legs and one of his arms after a hospital failed to give him antibiotics for a serious infection (Featured in the Chicago Daily Law Bulletin).

$10.5M

Recovery for a 37-year-old police officer who suffered severe burns to his torso, arm, buttocks, and leg when a truck crashed into his stopped vehicle on the shoulder of the highway during a roadside assistance stop (Featured on local TV news stations and papers).

$10M

Recovery for a 33-year-old male who was left paraplegic and with limited ability to perform any of his daily activities after a brain arteriovenous malformation (AVM) was missed during a concussion evaluation.

$10M

Recovery for a brain-injured newborn after doctors failed to timely deliver the baby by cesarean section.

$9.3M

Recovery for a 47-year-old woman left brain damaged and quadriplegic due to a stroke she suffered after a resident, who was placing a catheter, punctured her subclavian vein.

$9M

Verdict for the wrongful death of a 40-year-old wife and mother of six children and her unborn seventh child after she suffered respiratory arrest due to pneumonia while in the hospital.

$8M

Recovery for the wrongful death of a 43-year-old husband and father of two adult children who was left brain damaged and comatose for four years following the failure to treat a severe asthma attack in the emergency department.

$6.75M

Recovery for a 63-year-old woman left permanently brain damaged after a delay in the diagnosis and treatment of a neurological disorder.

$6.2M

Verdict for death of husband and father due to failure to supervise in a residential home.

$5.5M

Verdict for the wrongful death of a 44-year-old man who died from a pulmonary embolism during a routine surgery to repair a dislocated knee.

$5.25M

Recovery for the wrongful death of a 36-year-old woman after a delay in the diagnosis and treatment of cervical cancer.

$5M

Recovery for the wrongful death of a 47-year-old wife and mother of three children who suffered brain bleeding while waiting in the ER to be seen by a doctor and have studies performed.

$4.4M

Recovery for the wrongful death of a 28-year-old young man whose appendicular cancer was not diagnosed until it had reached Stage IV despite repeated visits to doctors over several years.

$3.5M

Verdict for the wrongful death of a 40-year-old Hyatt executive who died after doctors failed to diagnose his colon cancer.

$3.4M

Recovery for the wrongful death of a 66-year-old man who died from a spinal cord injury.

$3.4M

Verdict for a 31-year-old woman who developed a flesh-eating bacterial infection following the surgical removal of her gallbladder, which resulted in the removal of nearly all of her abdominal muscle.

$3M

Verdict for the wrongful death of a Country Club Hills woman who doctors sent home without diagnosing or treating her pulmonary embolism.

$3M

Recovery for the death of a baby from infection after the parents had called his doctor’s answering service with an urgent message and no one returned their call.

$3M

Recovery for the wrongful death of a 59-year-old mother of six after a delay in the diagnosis and treatment of an aortic dissection.

$2.75M

Recovery for a family who lost their mother from an undiagnosed pulmonary embolism

$2.6M

Verdict for the wrongful death of a 44-year-old man who died from a pulmonary embolism after back surgery (a record verdict in Adams County).

$2.5M

Recovery for the wrongful death of a 49-year-old individual who died of negligently improper post-operative care at a Chicago hospital.

$2.25M

Recovery for a woman whose husband died due to his physician’s failure to diagnose him with a heart attack. The decedent presented to his primary care physician’s group with complaints of worse than ever chest pain and was diagnosed with heartburn and sent home without any cardiac workup or referral to cardiac services.

$2M

Recovery for the wrongful death of a 10-month-old baby boy who died from sepsis after contracting bacterial colitis, which went undiagnosed.

$1.95M

Recovery for a 25- year-old woman who suffered serious and life-altering injuries from an unnecessary surgical procedure to her ankle performed by a local podiatrist.

$1.65M

Verdict for the wrongful death of a 74-year-old Chicago woman whose renal cancer was not timely diagnosed by a physician group.

$1.5M

Recovery for a 33-year-old mother who underwent radical hysterectomy, radiation therapy, and chemotherapy after a delay in the diagnosis and treatment of cervical cancer.

$1.251M

Recovery for a Kane County baby girl left permanently disabled and disfigured after suffering shoulder dystocia during labor and delivery.

$1.2M

Recovery for a 31-year-old woman forced to have her leg amputated due to an infection arising from an unnecessary surgery doctors decided to perform.

$1M

Recovery for the wrongful death of a 54-year-old woman who went to the ER for COPD and was admitted but intubated incorrectly and lost oxygen to her brain resulting in death.

$10M

Recovery for a brain-injured newborn after doctors failed to timely deliver the baby by cesarean section.

$9M

Verdict for the wrongful death of a 40-year-old wife and mother of six children and her unborn seventh child after she suffered respiratory arrest due to pneumonia while in the hospital.

$7.5M

Recovery for an infant who suffered brain damage and developed cerebral palsy due to a delayed cesarean section after indications that the baby was not tolerating the labor well.

$5M

Recovery for a boy with cerebral palsy and other brain injuries whose mother’s pre-eclampsia went undiagnosed during a third trimester checkup.

$3.27M

Verdict for a boy who suffered a severe stretch injury at birth.

$3.2M

Verdict for a baby boy who suffered a brachial plexus (injury to his shoulder) during his delivery from severe force on him by the delivery doctor.

$1.2M

Recovery for a Kane County baby girl left permanently disabled and disfigured after suffering shoulder dystocia during labor and delivery.

$1M

Recovery for the death of a full-term infant baby girl at the time of delivery in DuPage County, Illinois.

$15.504M

Recovery for the wrongful death of a 64-year-old man and the debilitating injuries of a 62-year-old woman—both from southern Illinois—arising from a multi-vehicle pile-up on a highway in Albuquerque, New Mexico.

$7M

Verdict for the wrongful death of a 25-year-old helmet-wearing cyclist who was struck and killed by a truck.

$6.5M

Recovery for a 55-year-old Chinese immigrant whose leg was crushed by a Chicago Transit Authority bus making too-tight-a-turn at a downtown intersection. The 55-year-old woman was within the crosswalk at the time of the Chicago accident.

$5.25M

Recovery for a 29-year-old who suffered skull fractures, a traumatic brain injury, an 18-day coma, and partial quadriplegia after his pickup was broadsided by another vehicle, which was attempting to flee from a reckless and unnecessary police chase involving a minor traffic infraction (Featured in the Chicago Daily Law Bulletin).

$5.25M

Verdict for the family of a 25-year-old woman who was wrongfully struck and killed by a truck as she was riding a Divvy bicycle across a Chicago intersection (first ride share verdict).

$5M

Verdict resulting from an improper police chase. Fleeing suspect hit car driving through an intersection with mother in front seat and minor daughter in rear. Mother was killed. Entire accident was caught on a nearby CTA bus videocam (Featured in the Chicago Daily Law Bulletin).

$5M

Recovery for a 31-year-old woman who suffered permanent brain damage after she was struck by a public transit bus while jogging.

$4.4M

Recovery for a 34-year old man with significant brain damage requiring 24-hour supervision following an automobile collision on I-57 in Chicago.

$3M

Recovery for a River Forest police officer who suffered a fractured ankle and knee when his vehicle was struck by another car.

$2.8M

Recovery for the wrongful death of a 22-year-old Kendall County college student who was rear-ended by a Chicagoland food truck.

$2.7M

Recovery for a 34-year-old pedestrian whose leg was degloved after a Greyhound bus making a right turn pinned her against a downtown Chicago construction barrier.

$2.5M

Verdict for two women involved in a collision on the Kennedy Expressway in Chicago; one woman was killed, while the other suffered personal injuries and post-traumatic stress after witnessing her best friend’s death

$2.45M

Verdict for an unemployed Lake County woman’s injuries due to the broken leg she sustained when another vehicle crossed the centerline and struck her vehicle.

$2.28M

Verdict for an auto accident which occurred in Will County Illinois. Plaintiff’s injuries included a SLAP lesion, which required two surgeries.

$2.25M

Recovery for a 35-year-old DuPage County resident who suffered broken ribs, a torn knee ligament, and a mild, traumatic brain injury after a car crashed into his motorcycle.

$2.005M

Verdict for the wrongful death of a single mother who was struck and killed by a taxicab at the Milwaukee Avenue and Green Street intersection in Chicago.

$2M

Recovery for the wrongful death of a 43-year-old LaGrange Park husband and father of two who was killed in an automobile crash after a drunk driver crossed the centerline on Route 83 in DuPage County.

$2M

Verdict for a north suburban 20-year-old woman with a shattered pelvis after she was hit by a pizza delivery car while crossing the street within a crosswalk on her bicycle.

$1.75M

Recovery for the wrongful death of a 61-year-old man whose car was rear-ended by a Pepsi-owned vehicle while stopped at a red light.

$1.45M

Recovery for the wrongful death of a motorcyclist who was struck and killed by a motor vehicle while motorcycling in a “Toys for Tots” fundraiser parade.

$1.4M

Verdict for a 55-year-old man who suffered a traumatic brain injury when his car was rear-ended by a speeding truck.

$1.25M

Recovery for the wrongful death of an 18-year-old University of Illinois student who was struck and killed by a public transit bus while walking home from class.

$1.2M

Verdict for the wrongful death of a 13-year-old boy killed by an ambulance while riding his bicycle in Golconda, Illinois (largest reported verdict in Pope County).

$1M

Recovery in Grundy County for an 80-year-old man who had a head-on collision while crossing a bridge. His lifelong best friend and driver was killed in the accident.

$1M

Recovery for a woman with a fractured hip, broken rib, pulmonary contusion, and hernia after a truck crossed the center line on IL Route 47.

$1M

Recovery for a 31-year-old male who lost his left leg after the parked pick-up truck on which he was standing was negligently rear-ended by another vehicle.

$1M

Verdict for a non-English speaking Hispanic pedestrian hit by a truck while crossing a downtown street.

$1M

Recovery for the wrongful death of a mother and son killed in a truck/automobile accident in a newly-opened construction zone in Bartlett, Illinois.

$409,975

Verdict for a mentally handicapped 19-year-old boy who suffered two broken legs when he was struck as he crossed the street.

$390,131

Verdict resulting from an auto accident involving a 28-year-old woman who was a passenger in a vehicle when the vehicle was struck by a driver who crossed the center line. Her injuries included a broken collarbone and four subsequent doctor’s visits. Plaintiff rejected the final offer of $100,000.00.

$100,000

recovery for a teenager with ankle injuries after his bicycle was hit by a speeding car ticketed for failure to yield the right of way.

$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$3M

Recovery for three college students killed in an apartment fire when one fell asleep smoking. Apartment did not have working smoke detectors at the time.

$2.6M

Recovery for the wrongful death of a 24-year-old truck driver who was killed in an Adams County heptane gas explosion, leaving behind a wife and a 3-year-old daughter.

$5.25M

$5M

$1.579M

Verdict for a 58-year-old public school principal whose reputation was damaged after she was wrongfully arrested, wrongfully charged, and wrongfully prosecuted following a fight involving six students at her school in which she merely called 9-1-1.

$375,500

Verdict resulting from a false arrest of an 83-year-old African American woman when she failed to tell officers the location of her adult son residing outside Illinois, who owed child support (Featured in the Chicago Tribune.)

$148M

Verdict for a paralyzed 24-year-old female injured at O’Hare International Airport (highest compensatory verdict awarded to an individual in Illinois, and top five in U.S., excluding punitive damages).

$15M

$12.5M

Recovery for a Rolling Meadows high school football player who became a quadriplegic after he was tackled by a teammate into an unpadded, 25 foot-high steel post located 11.5 feet from the sideline of the school’s practice field.

$6.85M

Recovery for a 47-year-old mother of two left paralyzed from the waist down after falling 11 feet through an unsecured, unbarricaded hole while viewing a home under construction in the Fox Run Estates subdivision in Schererville, Indiana.

$5M

Recovery for a Chicago high school student who was paralyzed during a pool-diving incident.

$3.53M

Recovery for an Asian grocer killed when a portable stove used for cooking in his store exploded and burned the majority of his face and arms.

$3.53M

Recovery for an Asian grocer killed when a portable stove used for cooking in his store exploded and burned the majority of his face and arms.

$3M

Verdict for the wrongful death of a 20-year-old Northern Illinois University student who was killed when a fellow student threw a cinder block from a third-floor fraternity balcony.

$2.664M

Judgment for a 52-year-old woman with permanent pain in her upper left arm following a trip and fall at a medical conference due to an overturned folding table left unattended by event staff.

$2.6M

Judgment for a 52-year-old woman with permanent pain in her upper left arm following a trip and fall at a medical conference due to an overturned folding table left unattended by event staff.

$2M

Recovery for the wrongful death of a construction worker who was impaled and killed when a piece of metal rebar was dropped by a subcontractor at a Chicago construction site.

$1.5M

Verdict for a 69-year-old window-treatment-installer who sustained a traumatic brain injury, thirteen skull fractures, severe cognitive, behavioral, and emotional deficits, and speech, vision, hearing, and memory impairments after he fell down a stairway while working on another’s property.

$1.3M

Verdict for a DuPage County resident with a shattered kneecap after a slip and fall due to a leak in the roof of the Ogilvie Transportation Center.

$1.3M

Recovery for a young woman who sustained a brain injury when the cable railing of a restaurant’s patio broke, allowing her to fall to cement sidewalk one floor below.

$1.125M

Recovery for a 15-year-old Lake County boy who suffers from post-traumatic stress disorder after he was violently attacked and injured by a 120-pound Bullmastiff dog which escaped through a large hole in a family’s fence and violently pulled him off his bicycle and onto the street.

$1.1M

Recovery for a young boy whose leg was amputated after an injury due to lack of safety devices on a conveyor belt.

Confidential

Recovery for the wrongful death of a 13-year-old boy who was electrocuted when he urinated on the third rail.

$15.2M

Verdict for a 33-year-old veteran forced to undergo seven surgeries after his left foot was degloved when it was run over by a forklift while working at an international technology show at McCormick Place.

$15M

$4.75M

Recovery for a 42-year-old Chicago construction worker whose leg was shattered when he fell 20 feet after the steel beam on which he was working collapsed.

$3.65M

Recovery for a 35 year old man who sustained injuries to his right tibia after being struck by a vehicle while working at O’Hare Airport

$2.85M

Recovery for a 39-year-old Cook County construction worker after a 1,600-pound steel beam was dropped on his right foot while working at a steel plant.

$2M

Recovery for the wrongful death of a construction worker who was impaled and killed when a piece of metal rebar was dropped by a subcontractor at a Chicago construction site.

$1.55M

Recovery for a 28-year-old elevator mechanic who lost his right arm and several fingers on his left hand after a hotel failed to replace defective cables which it had discovered produced an unusual black-tarry substance when in use.

$1.5M

$1.1M

Recovery for a young boy whose leg was amputated after an injury due to lack of safety devices on a conveyor belt.

Currently seeking recovery on behalf of clients who have filed lawsuits against Abbott Laboratories, Inc. (“Abbott”), Mead Johnson & Company and Mead Johnson Nutrition Company (“Mead Johnson”). Babies born to these plaintiffs developed necrotizing enterocolitis (“NEC”) after they were fed infant formula manufactured by Abbott or Mead Johnson. NEC is a serious gastrointestinal problem that mostly affects premature babies and can lead to permanent injury or death.

Received financial compensation for the families of plaintiffs who were prescribed the pain medication Vioxx manufactured by Merck. The drug was found to cause heart attacks and strokes and has subsequently been withdrawn from the marketplace.

Verdict obtained on behalf of homeowners who lived near the Sterigenics facility and contracted various forms of cancer as a result of ethylene oxide (“EtO”) emissions into the environment by Sterigenics and its parent company, Sotera Health.

$148M

$6.5M

$5M

Recovery for a 31-year-old woman who suffered permanent brain damage after she was struck by public transit bus while jogging.

$2.775M

Recovery for a 34-year-old pedestrian whose leg was degloved after a Greyhound bus making a right turn pinned her against a downtown Chicago construction barrier.

$1.25M

Recovery for the wrongful death of an 18-year-old University of Illinois student who was struck and killed by a public transit bus while walking home from class.

Confidential

Recovery for the wrongful death of a 13-year-old boy who was electrocuted when he urinated on the third rail.

$4M

Verdict against school district for sex abuse of two minor children by gym teacher off school grounds.

Pending Case

Kaveny + Kroll has filed suit against Northwestern University due to its failure to protect a student who was knowingly experiencing suicidal ideation and planning. The student jumped from a fourth story window and suffered two punctured lungs, multiple broken ribs, damage to internal organs, and traumatic brain injury. The case remains pending.