Catastrophic Facial Disfigurement from Motorcycle Accidents
Motorcycle crashes can leave people with devastating injuries that impact each and every part of their lives. When motorcyclists ride without proper protection, they’re more at risk of severe harm, especially to their heads and faces. When a crash causes catastrophic facial disfigurement, the damage often extends far beyond the physical injuries. The damage can affect identity, confidence, and day-to-day functioning.
At Gainsberg Injury and Accident Lawyers, we represent victims of catastrophic personal injury in motorcycle crashes in the state of Illinois. If you’ve suffered from catastrophic facial disfigurement, we can help.
What is a catastrophic injury?
Catastrophic injuries are those that permanently change a person’s ability to live or work as they did before the accident.
Definition of a catastrophic injury
Illinois law doesn’t provide a definition, but courts and insurance companies use the term to describe injuries that result in either long-term disability or permanent disability. Common examples are:
A catastrophic injury typically prevents the victim from maintaining gainful employment or living independently. These cases involve high medical costs and significant personal losses, both physical and emotional.
When facial disfigurement can be catastrophic
Facial disfigurement is more than a cosmetic issue. Severe trauma to the face can result in:
- Damage to or loss of the eyes, nose, jaw, or teeth
- Permanent scarring or deformity
- Loss of mobility or function in the face
- Emotional distress, depression, or social withdrawal
Since the face is essential to communication, appearance, and self-expression, permanent disfigurement can have a huge impact on one’s livelihood and quality of life. Because of these reasons, severe and permanent facial injuries from a motorcycle crash are often classified as catastrophic injuries.
How motorcycle accidents lead to facial disfigurement
When a motorcycle crashes, a rider can be thrown off the bike or struck directly. Either way, they can be exposed to extreme force.
The mechanics of motorcycle crashes
Even when experienced bikers take precautions, they’re still at risk of sharing the road with careless drivers and hazards. According to the National Highway Traffic Safety Administration, per vehicle miles traveled in 2023, motorcyclists are about 28 times more likely to die in an accident than occupants of passenger vehicles, and five times more likely to be injured.
Common causes of bike accidents
Motorcycle crashes happen in many ways. Being aware of the typical causes can help clarify how liability might be determined in a catastrophic injury case. There are several ways that motorcycle accidents might happen:
- Collisions with vehicles at intersections
- Sudden stops that throw riders over the handlebars
- Broken or missing motorcycle parts that cause loss of control
- Drivers not yielding or checking their blind spots
Identifying these causes early is important for gathering evidence to support a personal injury claim.
Protective gear is important, but not foolproof
Helmets and face shields make it much less likely for bikers to suffer from severe injury. Unfortunately, protective gear can’t prevent all harm. A full-face helmet may crack on impact, or debris can still strike exposed areas. Riders who wear open-face helmets are especially at risk for fractures, lacerations, and other disfiguring injuries.
Legal issues in Illinois for catastrophic facial injuries
Recovering compensation for a catastrophic motorcycle injury involves understanding Illinois personal injury law and proving that someone else was careless.
Establishing liability in Illinois
To win your case, your personal injury lawyer needs to establish that another party’s negligence caused the accident and that you were seriously hurt as a result. Negligence could look like:
- A driver ran a red light or failed to yield at an intersection
- A manufacturer sold a defective motorcycle or protective equipment (potential product liability/strict liability claim rather than ordinary negligence)
- A municipality failed to maintain a roadway
Evidence, such as police reports, statements from witnesses, and expert opinions, can help link a negligent act to your facial disfigurement.
How are damages calculated in a motorcycle accident?
Measuring damages in a catastrophic injury case requires taking into account financial and personal losses. You may be entitled to compensation for:
- Medical bills, reconstructive surgeries, and future care
- Lost income and reduced earning potential
- Pain and suffering
- Emotional trauma and loss of quality of life
- Permanent scarring and disfigurement
Because these injuries often require lifelong treatment, personal injury lawyers work with medical and financial experts to estimate the cost of recovery.
Illinois statute of limitations
Under Illinois law, personal injury victims generally have two years from the date of the accident to file a lawsuit, but shorter timelines may apply for claims against government entities or the State. Missing this deadline can permanently prohibit you from bringing a claim, so it’s critical to speak with an attorney as soon as possible after a crash.
Why catastrophic injury cases require specialized representation
Catastrophic injury claims are quite hard to understand. They generally involve difficult-to-calculate long-term damages, extensive medical care, and aggressive insurance defense.
Complexity of catastrophic injury claims
To fully document the injury in cases of facial disfigurement, it may be necessary to get input from multiple specialists, such as plastic surgeons, maxillofacial experts, and psychologists. In these circumstances, there must also be strong proof of pain and suffering, as well as future care needs.
The importance of early action
After a serious motorcycle crash, what you do in the first days and weeks has a lasting impact on your recovery and your ability to document the full scope of your injuries:
- Seek immediate medical treatment and follow care plans
- Save your helmet, gear, and damaged bike for evidence
- Avoid recorded statements to insurance companies without first seeking legal advice
- Contact an experienced lawyer who knows how to handle catastrophic injury and motorcycle cases.
Your roadmap after a motorcycle accident
A motorcycle crash that causes catastrophic facial disfigurement can alter your future in an instant. These aren’t ordinary personal injury cases. These cases call for careful documentation, skillful advocacy, and a compassionate understanding of what you need to heal.
If you or someone you love has been badly hurt in an Illinois motorcycle accident, schedule a consultation with us to learn how we may help you get justice and fair compensation.
At Gainsberg Injury and Accident Lawyers, we recognize that a catastrophic facial injury can change everything in your life, including relationships, job, and self-esteem. That being said, our goal is to help clients secure the support they need to move forward.
Attorney Neal Gainsberg has spent the last 20+ years fighting to protect the rights of the injured in Chicago and throughout Illinois. For dedicated legal help with a personal injury, car accident, or wrongful death matter, contact Gainsberg Injury and Accident Lawyers in Chicago for a free consultation.