Brain Injury (TBI) Car Accident Settlements: How to Value Auto TBI Cases
Head injuries from auto accidents, car crashes, and motor vehicle collisions can cause long-term debilitation. They might not be apparent after the collision.
This makes brain injuries (TBI’s. closed head injury, severe brain injury, mild traumatic brain injury, etc.) some of the most dangerous types of injuries from collisions. This is true no matter what vehicle type. Seek immediate medical care at a hospital for an evaluation.
Rosenfeld Injury Lawyers LLC works with clients who suffer head or brain injuries in motor vehicle crashes across Illinois Our brain injury lawyers understand how expensive caregiving and treatment are.
The effects can last a lifetime (such as permanent disability) and may include substantial medical bills or other personal injury bills for medical treatment.
The personal injury attorneys of our law firm aggressively pursue any avenue for recovery including injury settlements. You and your family members deserve every chance at compensation, not just the average settlement.
- The Brain Structure and Vulnerability in Chicago Auto Accidents
- What Causes Traumatic Brain Injuries in Illinois Auto Accidents?
- Symptoms of a Concussion Following an Auto Accident in Chicago
- Long-Term Impact of Brain Injuries from Auto Accidents
- Brain Injury Statistics in Illinois Car Accidents
- Defenses to Brain Injury Claims in Illinois Auto Accident Lawsuits
- Factors Affecting Case Value in Chicago Car Accident Brain Injury Cases
- Illinois Auto Accident Traumatic Brain Injury Awards and Settlements
- Meet with an Illinois Attorney to Discuss Your Legal Options for a Financial Recovery Following a TBI in an Auto Accident
- Further Reading, Resources, and Cites
The Brain Structure and Vulnerability in Chicago Auto Accidents
The brain is made up of three parts: the cerebrum, cerebellum, and the brain stem. The cerebrum is by far the largest. It is composed of two halves. It’s responsible for advanced body functions like speech and critical reasoning. The cerebellum is located underneath the cerebrum.
It’s responsible for muscle movements like balance. Finally, the brain stem is the anchor of the brain. It connects the spinal cord to the other parts of the brain. It controls automatic functions like breathing.
The skull wraps around the brain. It encases the entire organ. It acts as a protective shield. It’s composed of eight separate bones that are fused together. These bones include the frontal, sphenoid, occipital, ethmoid, two temporal bones, and two parietal bones. Both the brain and spinal cord are also covered with membranes called meninges.
There are three layers of meninges called the pia, arachnoid, and dura. The dura is on the outside. The arachnoid is in the middle. The dura is the innermost level of meninges. Like the skull, they protect and contain other elements like blood vessels, subdural cavities.
The cerebrum itself is divided into four parts/lobes. Those include the frontal, parietal, occipital, and temporal.
The frontal lobe is responsible for speech, judgment and general intelligence. It’s in the front of the brain. The parietal lobe is for language, perception, and feeling emanate. It’s in the middle region of the brain. The occipital lobe is in the back of the brain. It’s responsible for sight.
Finally, the temporal lobe is underneath the others. Hearing, memory, and organization come from this one.
Here are a few diagrams to show the brain’s anatomy.
3 main brain parts:
What Causes Traumatic Brain Injuries in Illinois Auto Accidents?
Scientists are still learning what happens to the brain during an auto collision. Many injuries sustained in it are difficult to detect. Victims show no signs of symptoms until the damage has been done. Doctors must use extensive imaging tests to spot them.
Below are some of the common causes of head trauma from these events. Our Chicago auto accident lawyers help them every day.
- Contact with a foreign or stationary object. Victims’ heads bang steering wheels, airbags, or the ground. Motorcyclists are especially at risk of these injuries. This is true because of the limited protection when riding their bikes.
- Forward momentum in an accident. The brain doesn’t need to hit a foreign object. It may strike the front or back of the skull. Brain matter is suspended within the skull. It can bounce around during sudden and rapid deceleration. This can result in internal swelling. Micro tears develop that are only detectable through imaging scans.
- Untreated concussions. It is important to properly look for concussions. These injuries can lead to serious complications if untreated. The initial symptoms can last mere minutes. That making them more difficult to detect. You might need further tests if the symptoms have passed quickly.
- Contact with the ground. Drivers are often thrown from their vehicles. They hit the ground in some matter. A helmet only offers a limited form of protection. It is important to see a doctor soon after these events.
Symptoms of a Concussion Following an Auto Accident in Chicago
Initial symptoms of concussions can pass quickly. More symptoms can surface in the days and weeks after it. Our Chicago auto injury lawyers highly recommend seeking medical care immediately. Early detection and treatment of concussions and brain injuries are critical. They improve your long-term prognosis.
- Blackouts or loss of consciousness for any amount time. Blackouts can last only a couple of moments. They must still be treated with concern.
- Headaches with pressure inside the head. Some victims describe this like inflating a balloon within their heads.
- Sensitivity to noise and light. This is like what one would experience with a migraine.
- Poor coordination or balance.
- The inability to fall asleep.
- Excessive fatigue and weakness despite being fully rested.
- Loss of memory, confusion, disorientation or the inability to concentrate. Any loss of cognitive functions, whether for a brief time or ongoing should be documented. Seek medical attention right away.
- Sudden mood swings, irritability or excessive emotional reactions to everyday events.
- Numbness, tingling or loss of feeling in the hands, fingers, feet or toes.
Long-Term Impact of Traumatic Brain Injuries from Car Accidents
TBIs are linked to neurological disorders and degenerative brain diseases. There are very few ways to repair brain damage. Any damage suffered is permanent. Victims must find ways to cope with the complications. This results in the need for ongoing treatment. That comes with a prohibitive price tag. Anyone who has been in a car, accident has been through enough. They don’t need the financial pressure of a TBI.
TBIs take away your ability to concentrate, recall past events, speak or communicate clearly. You can’t even perform motor functions well. They may require assistive care for the rest of their lives. This places a financial burden on them. It also requires a great deal from their families. Both suffer in dealing with this injury.
Brain Injury Statistics in Illinois Car Accidents
- Over 1,000,000 people suffer a TBI each year.
- Tens of thousands of people die from a TBI each year.
- Roughly 15% of TBIs result from motor vehicle accidents.
- The total cost of treating a TBI is roughly $1,000,000.
- Men receive TBIs twice as much as women.
Defenses to Brain Injury Claims in Chicago, Illinois Auto Accident Lawsuits
Defendants will have credible defenses to throw at you. Some of them work more than others. Ponder these as you formulate your plan of attack.
- It wasn’t their fault. This might be the most frequent argument. It’s referred to as contributory or comparative negligence. It’s exactly what they will charge you with. They’re alleging that it was your fault. They might say it was some other unrelated person or entity too.
- It was the doctor’s responsibility. These incidents are complex. They involve technical medical and factual issues. Defendants often blame the medical people who helped you. This includes doctors, nurses, etc. At the least, they will say the doctors made it worse. Thus, they should share in the blame. They should pay some of your damages.
- It’s not that big of a deal. This is a standard response in automobile accident lawsuits. Defendants try to show that you didn’t suffer as much as you say. Their main goal will be to reduce your intangible damages. There is not much they can do with your tangible damages. You can prove those much easier and without dispute.
Factors Affecting Case Value in Chicago Car Accident Brain Injury Cases
“How much is my brain injury case worth?” This is probably the most pressing question you may have after a Chicago car accident. Obviously, it depends upon the circumstances of your auto accident and subsequent injuries.
However, there are some factors that may help you predict your chances of success in a personal injury claim for financial compensation:
- Substantial medical expenses, short-term and long-term
- Long-term pain, suffering, impairment, or handicap
- Reduced earning capacity
- Changed familial or personal relationships
- Personal property or car damage
Chicago, IL Auto Accident Traumatic Brain Injury Awards and Settlements
$2,000,000 Settlement; Chicago, Illinois;
A woman in her middle sixties was broadsided in her passenger vehicle by a FedEx large truck. The trucker was leaving a parking lot when he ran into her. She sustained a traumatic brain injury and cervical myelopathy. The latter required fusion and anterior discectomy (four-level).
Her medical expenses were close to $500,000 and she still experiencing ongoing PTSD. The woman brought this claim against FedEx and a delivery company for her expenses, pain, suffering, and other economic and non-economic damages. The parties settled for a reported $2 million.
$2,900,000 Settlement; Lake County, Illinois; 2017:
A couple in their late sixties were driving west through Antioch on Route 173 when truck driver in his pickup truck rear-ended them. The pair’s injuries were not minor. The woman fractured her vertebrae (more than $48,000 in medical expenses).
The man suffered a traumatic brain injury, subdural hematoma, and cervical bone fracture at the C4 and C5 spot. Doctors performed surgery on his brain and spine (more than $700,000 in medical expenses).
The couple brought an action against the trucker’s company and leasing company but the matter was not decided by a court. They settled for $2.9 million-$2.75 million was for the man and $150,000 was for the woman.
$1,100,000 Settlement; Rockford, Illinois; 2015:
This unfortunate incident was as consequential as avoidable. A truck driver was hauling a big rig that was too large for his frame when he ran a red and T-boned a 79-year-old woman in Winnebago County, Illinois.
The woman suffered a traumatic brain injury, broken hip, fractured wrist, damaged pelvix, cut open spleen, and left pneumothorax. Doctors had to perform immediate surgery but long-term rehabilitative care was also required (medical expenses were north of $750,000).
The subsequent claim against the driver was routed to the insurance company, Progressive, that eventually settled the matter for $1.1 million.
$350,000 Settlement; Cook County, Illinois; 2004:
This multi-car accident started when a truck driver lost control of his semi-truck tractor-trailer. Five other cars were then brought into the chain-reaction crash including the plaintiff’s passenger vehicle. He was a construction manager in his late thirties. Immediately, the automobile crash caused him a traumatic brain injury and shoulder damage.
Long-term, it resulted in memory loss, tinnitus, dizziness, headaches, and loss of vision. He lost over $20,000 in lost wages and over $60,000 in medical expenses due to the event. His claim against the driver was for negligence and resulting damage it caused him. The defendant motorist’s insurance carrier, Hanover Insurance, paid out a claim of $350,000 in financial compensation.
Meet with an Chicago, Illinois Attorney to Discuss Your Legal Options for a Financial Recovery Following a TBI in an Auto Accident
Rosenfeld Injury Lawyers LLC can help you recover after an auto accident. You might be entitled to large compensation under Illinois law. We have helped thousands of clients move forward. We connect them to qualified medical experts.
Our car accident attorneys provide award-winning legal services. If you have been in an accident, contact us. We will arrange a free consultation with one of our qualified lawyers.
Our team has a track record of helping people. We can provide you with legal options. This will build a case that recovers the compensation you deserve. Plus, we represent clients on contingency. This lets us help you even if you have no financial means. You don’t need to give us anything upfront. Our services are free of charge if we cannot secure compensation on your behalf.
Learn about other kinds of Illinois auto accidents injuries. Please read the following pages:
- Broken Bone Injuries in Illinois Automobile Accidents
- CHI Accident Attorneys
- Back Injuries in Illinois Automobile Accidents
- Herniated Disc Injuries in Illinois Automobile Accidents
- Facial Injuries in Illinois Automobile Accidents
- Knee Injuries in Illinois Automobile Accidents