Legal definitions of amputation and disfigurement injuries and how they affect your lawsuit
Amputation and disfigurement injuries are life-altering and often result from accidents, medical malpractice, or workplace incidents. In Illinois, victims can pursue significant compensation for medical treatment, lost income, and emotional distress. The state’s comparative negligence laws and disfigurement compensation rules ensure that injured individuals can seek justice. If you or a loved one has suffered a life-changing injury, it’s crucial to understand your legal options.
Amputation and disfigurement injuries are among the most severe and life-changing injuries a victim could experience. While there aren’t reliable data on specific numbers of Illinoisians who’ve suffered amputation or disfigurement injuries, we do know the common causes of these types of accidents—and when they are workplace injuries, car accidents, or something else.
Before we dive in, let’s be clear on what constitutes an amputation or disfigurement injury.
Amputation is the surgical removal of a body part. An amputation can be complete, meaning the limb or part is completely removed. It can also be partial, which means the part remains somewhat attached. Amputations are performed as a result of severe injuries, infections, or some diseases. An upper amputation is the fingers, wrist or arm. Lower amputations would include the toes, ankle or leg. A traumatic amputation is when a body part is severed during an accident and is not surgically removed.
Disfigurement is a legal term that refers to permanent or temporary physical changes that alter a person’s body. This might include scars, amputation, burns, loss of a body part, loss of function or mobility, and changes in skin pigmentation.
Both amputation and disfigurement are considered catastrophic injuries.
Common types of amputation and disfigurement injuries in Illinois
- Motor vehicle accidents. This is the leading cause of traumatic amputations, particularly for the lower limbs as a result of crushing injuries.
- Agricultural accidents. Again, there could be heavy equipment or machinery that could cause an amputation or disfigurement injury if they malfunction or are used improperly.
- Industrial accidents. Although this overlaps with workplace accidents, it’s specific to factory or industrial settings.
- Workplace accidents. This can happen when workers are operating machinery like saws, grinders, or other heavy equipment.
- Firearms and explosives. Recreational fireworks, military explosives, or incendiary devices used in manufacturing are all capable of causing an amputation or disfiguring injury.
- Electrocution. Any person who handles electrical wires could be at risk for being electrocuted, which could require amputation of fingers or hands.
Can you file an Illinois lawsuit for an amputation or disfigurement injury?
The purpose of personal injury law is to make the plaintiff (victim, or their survivors) whole, or to restore them to the financial condition they’d be in if the accident never happened. Certainly, we know there is no amount of money that can replace a lost limb or life-changing disfigurement. But these types of injuries are costly, both for medical treatment and assistance with activities of daily life, along with the potential for a loss of earning capacity.
The potential to require assistance if you’ve suffered an amputation injury might seem obvious, but perhaps less so for a disfigurement injury. Contrary to what some might think, disfigurement is not “just” scarring or cosmetic changes. Scarring can result in hearing or vision loss if it’s associated with the face and head. Likewise, scar tissue has lower extensibility than regular tissue, which means it can impair joint movement and inhibit the ability to exercise, which leads to reduced muscle strength. Scar tissue also can result in stiffness or discomfort, itching, and sleep disturbances. Many victims of disfigurement injuries suffer anxiety and depression that can even lead to drug or alcohol abuse and suicide.
Illinois personal injury lawsuits involving amputation and disfigurement are governed by state laws on negligence, damages, and liability.
Here are the key legal considerations:
What are the damages for an Illinois amputation and disfigurement injury?
- Medical expenses (past and future), including hospital stays, surgeries, doctor visits, prosthetics, prescription drugs, diagnostics like X-ray or CT scans, and transportation to and from medical visits.
- Lost wages and loss of earning capacity if you’re unable to return to the job you had before the accident.
- Pain and suffering.
- Emotional distress and mental anguish.
- Disfigurement damages (Illinois allows separate compensation for visible scars or deformities).
- Punitive damages are generally permitted in Illinois, unless the defendant is the state or local government. Punitive damages are separate from other damages and are intended to punish egregious conduct.
There is no cap on personal injury damages, so a victim may recover full compensation for economic and non-economic losses.
What is the statute of limitations for an Illinois amputation and disfigurement injury?
The statute of limitations is the period of time in which a plaintiff may file a lawsuit. Illinois 735 ILCS 5/13-202 provides that you must file a lawsuit within two years of the date of the injury. There are some exceptions related to medical malpractice claims.
Fault and comparative negligence
Illinois follows a modified comparative negligence rule. A plaintiff’s damage amount is reduced by their percentage of fault if there is shared liability. However, if they are 50% or more at fault, they cannot recover any damages.
Can you get Illinois workers’ compensation benefits for an amputation or disfigurement injury?
Yes. If the injury happened at work or while you were engaged in tasks related to your job, you are eligible for Illinois workers’ compensation benefits. To start the process, learn how to file a work injury claim.
There are specific benefits offered in Illinois if an amputation happens at work. They include:
- Lump-sum settlements or lifetime benefits for severe permanent disabilities
- Scheduled loss compensation, which is a schedule of benefits for loss of a limb, hand, foot, fingers or toes
- Medical treatment and vocational rehabilitation
- Permanent total disability benefits if the injury prevents any future work. The worker may receive lifetime benefits
- Disfigurement benefits if the disfigurement is serious and permanent; the worker can receive up to 162 weeks of compensation.
Illinois law recognizes the severe impact of amputations and disfigurement by offering higher compensation and specialized benefits for victims. If you’re pursuing a claim, you can contact an Illinois personal injury attorney to maximize your benefits or amount of damages.
See our guide Choosing a personal injury attorney.