ORTHOPEDIC INJURY ATTORNEYS SERVING CHICAGO, ILLINOIS

A broken bone is an incredibly common injury, and many of us have broken at least one bone in our body, even if it was when we were a child. While these orthopedic injuries do heal, they can be quite unpleasant and can severely disrupt your life for weeks, months, or even over a year if the injury is serious or there are complications. Furthermore, when the injury is the result of someone else’s negligence in an accident or from an injury received at work, you’re likely entitled to compensation by making an accident claim with the at-fault party.  

If you’d like to meet with an orthopedic injury lawyer about a recent accident, call us at Stilberth, Scarlati & Boudreau, LLC. We can represent clients throughout the Chicago, Illinois, area including Cook County and the collar counties.  

Common Orthopedic Injuries

Many people think that orthopedic injuries only consist of broken bones or a fracture, but really they refer to any injury that occurs to the musculoskeletal system. Some common orthopedic injuries include: 

• broken bones 

• fractures 

• dislocation 

• joint injuries 

• ligament injuries 

• tendon injuries 

• torn meniscus 

• carpal tunnel syndrome 

• tennis elbow 

• torn ACL 

• sprains 

• strains 

• plantar fasciitis 

• torn rotator cuffs 

Causes of Orthopedic Injuries

As you’re probably well aware, accidents aren’t the only way that people can suffer from an orthopedic injury. These can also come about if someone has a chronic degenerative condition, a congenital disorder that affects their bones or muscles, a spine disorder, or simply as part of the aging process.  

However, accidents do account for a substantial number of these injuries and it’s here that you may be able to pursue a personal injury claim. Some common accidents are listed below:   

• Work accidents: When you’re injured on the job while performing your regular duties you’ll more than likely qualify for workers’ compensation since nearly every employee in the state is required to be covered. Any kind of injury can occur due to a workplace accident, but these can also include repetitive stress injuries like carpal tunnel syndrome as well as injuries that exacerbate an existing condition.  

• Car accidents: Many injuries stemming from car accidents can result in orthopedic injuries, the most common being torn ligaments, spinal cord injuries, fractures, and whiplash.  

• Slip-and-falls: A slip-and-fall accident can occur for several reasons, such as slipping on a spill at a grocery store or tripping while walking down the sidewalk. During these incidents, the victim's fall can result in serious injuries to their joints, bones, and ligaments. When this happens, you may be able to work with a personal injury attorney to bring forward a premises liability claim against the individual or party at fault.   

The Legal Process for Orthopedic Injury Claims

When pursuing compensation for an orthopedic injury there are two main options: a personal injury claim or a workers’ compensation claim.  

• A personal injury claim can be used to seek damages when you were injured in an accident that wasn’t your fault and occurred due to the negligence of another party. In the case of a car accident, you’ll first have to file an insurance claim against the other driver to collect damages before you can pursue a personal injury claim. Under any circumstances, you’ll need to gather and present evidence that clearly proves the fault of the other party and this can include police reports, witness testimony, photos or videos, doctor’s reports, and medical bills. In Illinois, you have two years from the date of the accident to file a personal injury lawsuit.  
  

• If your injury occurred while at work, you will likely pursue a workers' comp claim. Under state law, all employers who have at least one employee are required to carry this coverage with only a few exceptions. And, although you can go through this process on your own, many people find it much easier to work with a workers’ compensation attorney to ensure they’re getting the compensation they deserve.  

Compensation Available 

Compensation for both a personal injury claim and workers’ comp should cover any expenses directly related to your injury including medical bills, rehabilitation, and lost wages. It can also cover non-economic damages such as pain and suffering or loss of consortium.  

It’s worth noting here that for an injury lawsuit, Illinois follows a comparative negligence rule. This rule acknowledges that fault can be shared between two parties and can reduce your overall settlement by an amount that correlates with your percentage of fault. For example, if you were found to be 40% at fault for an accident and your total settlement was $50,000, you would only be eligible to recover $30,000.