Chicago Brain Injury Lawyer

If you or a loved one has been impacted by a brain injury in Chicago, it’s essential to have dedicated legal representation who understands the profound effects such injuries can cause.

At Rosenfeld Injury Lawyers, we are committed to fighting for your rights and ensuring you receive the justice you deserve. 

Keep reading to learn more about brain injuries, who could be liable, what damages you may be entitled to, and how our Chicago brain injury lawyers can help you. 

What Constitutes a Brain Injury?

A brain injury generally refers to any disruption or damage to the normal function of the brain, often caused by an external force, lack of oxygen, or bleeding inside or around the brain. 

It ranges in severity from mild concussions that may result in temporary symptoms to extremely serious incidents leading to lasting impairments. 

How Common Are Traumatic Brain Injuries?

Traumatic brain injuries (TBI) are a serious health concern across the United States. Here’s an overview of some startling statistics:

• 1.5 million Americans sustain severe brain trauma annually. [1]
• Every day, there are approximately 35 ER visits in Illinois by children who experienced a traumatic brain injury. [2]
• These TBI-related ER visits amount to $79 million in medical costs. [2]
• Around 8.9% of all pediatric ER incidents are related to a head injury or TBI in Illinois. [2]
• In 2021, almost 30,000 people suffered TBIs in Illinois, leading to almost 3,000 deaths. [3]
• Firearm injuries were the primary cause of TBI-related fatalities in the state. [3]
• Falls accounted for most TBI-related hospital stays in Illinois. [3]

Types of Brain Injuries

Brain injuries can manifest in various forms, each with unique causes and levels of severity. Some of the most common types include the following:

Concussion

Concussions are one of the most common types of traumatic brain injury (TBI) and typically result from a sudden impact on the head or movement that causes the brain to shake within the skull. This may lead to mild TBI symptoms like headaches, dizziness, and confusion, or more severe symptoms, depending on the severity.

Stroke

A stroke occurs when blood flow to part of the brain is blocked or a blood vessel within the brain ruptures, potentially causing damage to affected areas. Symptoms can range from weakness and speech difficulties to paralysis. 

Strokes require timely and accurate diagnosis to be treated effectively, as a misdiagnosis or delay in treatment can lead to irreversible damage. If you or someone you know has a stroke from a possible medical malpractice, you can consult a stroke misdiagnosis attorney to understand whether you have a case. 

Brain Aneurysm

An aneurysm in the brain refers to a bulging, weakened area of a blood vessel, making it prone to rupture and bleed into the surrounding areas. This can create significant pressure within the skull and produce severe headaches, and vision problems, or lead to life-threatening complications if untreated.

Brain Hemorrhage

A hemorrhage involves uncontrolled bleeding either within or around brain tissue which often physically damages brain cells. It might be caused by trauma or ruptured aneurysms, leading to symptoms such as sudden and severe headaches, vomiting, and loss of consciousness. These injuries can be life-threatening.

Skull Fracture

A skull fracture occurs when there is a break in the cranial bone caused by impact to the head, sometimes a penetration brain injury. 

Depending on its severity, it can range from a simple crack to penetration of brain tissue and may lead to serious complications in a person’s life, such as infections and permanent disability, as well as psychological suffering and other emotional symptoms.

If you or a loved one has suffered from a skull fracture due to someone else’s negligence and needs legal assistance with personal injury claims, you can reach out to a fracture injury lawyer to receive fair compensation. 

Oxygen Deprivation

Instances of complete oxygen deprivation can result in severe and permanent brain damage or even death, whereas partial deprivation may cause varying degrees of cognitive and motor function impairment depending on the duration and extent to which the brain was deprived.

Common Causes of Brain Injuries

Head injuries and traumatic brain injuries occur in a multitude of circumstances. However, some scenarios are more common than others. Assessing the cause is essential for determining liability and pursuing appropriate legal action. Some of the most common causes include:

Motor Vehicle Accidents

Collisions involving trucks and cars rank high among causes for brain injuries due to the forceful impacts that can jostle or cause a person’s head to strike an object, potentially leading to traumatic brain injury like diffuse axonal injury, caused by rapid shaking back and forth.

When brain injuries arise from truck or car accidents due to jarring impacts, experienced legal representation is critical. Our Chicago car accident attorneys are well-versed in handling traumatic brain injury cases and can ensure that the at-fault party is held accountable.

Slip and Fall

A slip-and-fall accident, often caused by unsafe premises, can result in brain injuries when someone hits their head. Such accidents can occur anywhere–from retail establishments to private homes–where hazards like wet floors or uneven steps aren’t addressed properly.

If you’ve suffered a brain injury after slipping and falling on another’s property, contact our Chicago slip and fall injury lawyers to ensure maximum compensation through a premises liability claim. 

Defective Product Injuries

When consumer products malfunction or are inherently unsafe due to their design, manufacturing, or lack of adequate warnings, they can cause serious harm, including traumatic brain injury. 

If you believe your brain injury was the result of a defective product, contact our Chicago product liability attorneys to discuss the compensation you may be entitled to. 

Medical Malpractice

Mistakes in medical attention settings can lead to some of the most adverse outcomes, including serious brain injuries. 

If you believe your brain injury stems from a medical mistake or negligence, don’t wait to seek justice. Our team of Chicago medical negligence attorneys has the following specialists to help you receive the compensation you deserve:

• Surgery error attorneys specialized in handling cases of complications arising on the operating table
• Birth injury lawyers handling cases of medical negligence during labor or delivery
• Hospital fall injury attorneys specialized in handling cases of falls due to staff negligence and other forms of substandard care.

What to Do If You Suspect a Brain Injury

If you think that either you or someone close to you might have sustained a brain injury—whether it’s mild, moderate, or severe TBI—it’s critical to take prompt and appropriate steps. Here’s what you should consider doing:

• Seek medical help: Seek immediate medical attention, as brain injuries can have non-obvious symptoms that require urgent care.
• Monitor health: Monitor your health closely and document any symptoms to assist doctors in making an accurate diagnosis. 
• Don’t post about your injury on social media: Refrain from posting about your injuries online because these posts could potentially be used against you later on, affecting the amount of compensation you’re entitled to if you file a legal claim. 
• Contact a traumatic brain injury lawyer: Consult with a personal injury lawyer who is experienced with brain injuries and can guide you through your legal options and help ensure crucial evidence gets preserved for potential claims. 

Damages Our Chicago Brain Injury Lawyers Can Help You Recover

Our skilled traumatic brain injury attorney aims to help you receive fair compensation for all damages sustained, including but not limited to:

• Current and future medical bills
• Lost wages from time away from work
• Loss of earning capacity if your ability to work has been affected long-term
• Rehabilitation costs, including physical and cognitive therapy 
• Physical pain and suffering, which encompass both physical and emotional pain

What Is the Average Settlement in Brain Injury Claims?

In a successful brain injury claim, there’s no average or go-to amount when it comes to settlement figures. The value of a traumatic brain injury case depends on individual factors, like:

• Clarity of Liability
• Long-Term Care Needs 
• Quality of Evidence
• Competence of Attorney

The Insurance Coverage of the Defendants

Insurance company policy limits play a crucial role in the amount that can be claimed, as the defendant’s coverage will cap how much you could potentially receive through a settlement, regardless of your actual damages. 

To obtain full and fair compensation in these circumstances, you would need to file a traumatic brain injury lawsuit against the defendant. An experienced attorney is vital in seeking fair compensation for traumatic brain injury claims. 

The Extent of Injury and Medical Treatment Needed

The scope of treatment for brain injuries varies widely, ranging from rest and careful monitoring in cases of mild traumatic brain injuries to extensive, long-term rehabilitative care for severe trauma. 

Costs can escalate rapidly when more intensive interventions–surgeries, therapies (both physical and cognitive), and medications–are necessary.

The lifetime costs of treatment for traumatic brain injury are substantial and are estimated to range from $85,000 to $3 million, depending on the severity and specific needs of the individual patient. [4]

With such astronomical potential expenses, it becomes imperative that brain injury victims speak with a lawyer as soon as possible if someone else is to blame for their injury. 

Parties That Can Be Pursued in a Brain Injury Claim

In a brain injury claim, identifying all responsible parties is critical for ensuring maximum compensation. Here are some potentially liable partners:

• Individuals: If someone directly caused your injury –for example, by driving dangerously and causing a car accident–they could be held accountable in civil court.
• Employers: Companies may be liable if the incident occurred during work-related activities due to inadequate safety precautions or training. Companies can also be held liable for traumatic brain injuries through vicarious liability principles.
• Product Manufacturers: Manufacturers may be responsible for your injury if it has resulted from a defective or unsafe product, such as faulty machinery or protective gear.
• Property Owners: Property owners could face liability under premises liability law if the brain injury was due to property conditions they should have safely managed but didn’t, like slippery floors or broken steps.
• Healthcare Providers: Medical professionals and institutions may face liability in medical malpractice cases where a traumatic brain injury occurs due to errors such as incorrect diagnoses or surgical mistakes.
• Government Entities: Claims against government agencies could be made when a head injury results from their negligence. This might involve scenarios like unaddressed hazards on public property or inadequate roadway maintenance causing accidents.

Proving Liability in Brain Injury Cases

Proving liability in brain injury cases usually revolves around establishing that the other party was negligent. To do this, the following four elements must be proven: 

1. Duty of Care: The responsible party has a legal obligation to exercise reasonable care and protect the injured party from harm. For instance, drivers must follow traffic rules to avoid causing motor vehicle crashes.
2. Breach of Duty: The second step is proving that the defendant breached that legal duty by failing to act in a way that a reasonable person would act in the same situation. For example, a driver who is speeding and runs a red light. 
3. Causation: There must be a direct link of the breach to your head trauma—showing it was their breach of duty that led to your injury. 
4. Damages: Finally, it needs to be shown that the harm resulted in compensable damages such as medical expenses, lost income, or pain and suffering. 

The experienced personal injury attorneys from Rosenfeld Injury Lawyers can help TBI victims gather evidence, use expert testimony, and present a persuasive argument to insurance companies or in court. 

You Have Limited Time to File a Brain Injury Lawsuit in Chicago

In Illinois, the statute of limitations for filing a brain injury lawsuit is usually two years from the date that your injuries were sustained. However, exceptions to this rule often arise. 

For example, if you were a minor when injured, you have a longer deadline, and if you were injured through medical malpractice, the timeline is different as well.   

For these reasons, you should always speak with a lawyer as soon as possible after an injury to ensure you don’t miss out on your chance for compensation. 

How Our Chicago Brain Injury Attorneys Can Help

Our Chicago brain injury attorneys are equipped with the necessary experience and resources to build strong personal injury cases on your behalf. Here’s how we can help:

• Gather Evidence: We begin by thoroughly examining all aspects of your accident, securing crucial evidence from the scene, and obtaining detailed medical records that corroborate your personal injury claim.
• Consult Expert Witnesses: We collaborate with medical experts who can substantiate how the injury occurred, the extent of your injuries, and their impact on your daily life, illustrating their severity when presenting a case to insurers or in court.
• Negotiation and Litigation: We use the evidence and expert testimony collected to negotiate effectively with insurers for a fair settlement that covers your losses. If we can’t reach a satisfactory agreement, our attorneys are prepared to take your case to trial, advocating vehemently on your behalf before a judge or jury.
• Understand Your Present and Future Needs: Our team acknowledges current costs and anticipates future expenses resulting from long-term care or therapy, making sure nothing gets overlooked when pursuing the compensation you’re owed.

Contact an Experienced Traumatic Brain Injury Lawyer Today!

Call (888) 424-5757 or reach out online today to speak with a Chicago brain injury lawyer.

We also serve clients from Buffalo Grove, Decatur, Peoria, Springfield  and throughout Illinois.

Resources: [1] NIH, [2] DPH, [3] DPH, [4] Northwestern