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Jonathan Rosenfeld

March 2, 2023

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Head injuries from auto accidents, car crashes, and motor vehicle collisions can cause long-term debilitation. They might not be apparent after the crash.

Therefore brain injuries (TBIs, closed head injury, severe brain injury, mild traumatic brain injury) are some of the most dangerous types of injuries from collisions. The severity 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. Here, we discuss brain injury car accident settlements and what you can expect in terms of case value.

The effects can last a lifetime (such as permanent disability) and may include substantial medical bills or other personal injury bills for medical treatment.

Our personal injury attorneys aggressively pursue any avenue for recovery including injury settlements.

Call our Chicago car accident lawyers today toll-free at (888) 424-5757 to schedule a free consultation to determine your legal rights.

brain injury car accident settlement

Brain Injury Caused by a Car Accident

A car crash can cause a brain injury. The violent shaking of the accident can cause the brain to hit the inside of the skull, causing moderate to severe brain injuries such as mild TBI, brain swelling, and blood vessel rupturing.

The phrase ‘moderate to severe’ explains the damage caused by a secondary or primary injury to brain function. A secondary injury results as a complication of the primary injury.

What Causes Traumatic Brain Injuries in Illinois Car Accidents?

Scientists are still learning what happens to the brain during an auto collision. Many severe injuries sustained are difficult to detect. Victims show no signs of symptoms until the damage has been done. Doctors must use extensive imaging tests to detect them.

Below are some common causes of head trauma that Our Chicago car accident lawyers come across every day.

  • Contact with a foreign or stationary object: Victims’ heads strike steering wheels, airbags, or the ground. Motorcyclists are especially at risk of these more serious injuries because of the limited protection when riding their motorcycles.
  • Forward momentum in an accident: The brain matter is suspended within the skull. It can bounce around during sudden and rapid deceleration resulting in internal swelling. Microtears develop that are only detectable through imaging scans.
  • Untreated concussions: It’s essential to look for concussions. Brain injuries can lead to more serious secondary injuries if untreated. The initial injury symptoms are more difficult to detect. You might need further tests if the symptoms have passed quickly.
  • Contact with the ground: Drivers are often thrown from vehicles hitting the ground. It is essential to consult a medical professional soon after an accident.

Symptoms of a Concussion Following an Accident in Chicago

Initial symptoms of concussions can pass quickly. More symptoms can surface in the days and weeks after it. Our Chicago auto head injury lawyers recommend seeking medical care immediately as such an injury can have devastating consequences.

Early detection and treatment of concussions and brain injuries are critical in preventing a secondary injury. They improve your long-term prognosis.

Symptoms of a concussion after an accident include:

  • Blackouts or changes of mental status for any amount of 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 as inflating a balloon within their heads
  • Sensitivity to noise and light 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. You should 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
leading causes of traumatic brain injuries

Types of Brain Injuries Resulting From Car Accidents

  • Open head injuries
  • Memory loss
  • Entire brain damage
  • Blood vessel ruptures
  • Brain trauma
  • Blood clot
  • Soft brain tissue swelling
  • Skull fractures
  • Diffuse axonal injury
  • Nerve cells damage

Coup contrecoup brain injury is a type of brain injury in which the brain collides with the inside of the skull and then rebounds and hits the opposite side of the skull.

A severe injury to the head can cause brain tissue damage. It’s a type of injury often referred to as a brain injury or brain trauma. In addition, the delayed trauma of a car accident can cause serious brain damage.

Long-Term Impact of Severe Traumatic Brain Injuries From Car Accidents

The exposed brain tissue in a car accident may swell, causing an increase in pressure inside the skull.

Moderate to severe TBIs are linked to neurological disorders and degenerative brain diseases. There are very few ways to repair brain cell damage. Any injury to the brain caused by a physical impact is permanent.

Victims must find ways to cope with the complications such as memory loss resulting 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 severe TBI.

Even a mild TBI takes away your ability to concentrate, recall past events, speak, or communicate clearly. You can’t even perform motor functions well and may require assistive care for the rest of your life which burdens the family financially.

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 severe TBIannually
  • Roughly 15% of TBIs result from motor car accidents
  • The total cost of treating a severe TBI is roughly $1,000,000
  • Men receive TBIs twice as much as women

Getting Treatment After Sustaining Traumatic Brain Injuries in a Car Crash

A widespread injury to the head may require various medical treatments such as:

  • Surgical procedures to repair skull fractures
  • An Intracranial pressure monitor to check if the cerebrospinal fluid (CSF) in your head is posing health problems
  • A breathing tube to facilitate oxygen passage.
  • Magnetic Resonance Imaging (MRI) to assess the severity of traumatic brain injuries and monitor the progress of healing.
  • Pain medication can help reduce pain from a car accident brain injury

Defenses to Brain Injury Claims in Car 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: It’s referred to as contributory or comparative negligence. The other party will deny they are to blame and allege it was your fault
  • It was the doctor’s responsibility: Defendants often blame the medical people who help, including doctors, nurses, etc. At the least, they will say the doctors made it worse. Thus, they should pay some of your damages.
  • It’s not that big of a deal: The defendants try to show that you didn’t suffer as much as you say. Their main goal will be to reduce your intangible damages.

Factors Affecting Case Value in Chicago Car Accident Brain Injury Cases

“How much is my brain injury case worth?” It’s probably the most pressing question you may have after a Chicago car accident. It depends upon the circumstances of your car accident and subsequent brain injuries.

However, some factors may help you predict your chances of success in a personal injury claim for financial compensation, including:

  • 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

Sample Brain Injury Car Accident Settlements & Verdicts

Below are some sample brain injury settlements and verdicts related to Chicago, IL, car accidents. While these case summaries may give you a flavor of how these cases are valued, we caution you from reading too far into these cases. Each case is truly unique and there may be complexities that go beyond what is described here.

$2,000,000 Settlement; Chicago, Illinois:

A woman in her middle sixties was broadsided in her passenger vehicle by a FedEx large truck. Her medical expenses were close to $500,000, and she is still experiencing ongoing PTSD. 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 a truck driver in his pickup truck rear-ended them. The woman fractured her vertebrae (more than $48,000 in medical expenses).

The man suffered a traumatic brain injury TBI, subdural hematoma, and cervical bone fracture at the C4 and C5 spots. Doctors performed surgery on his brain and spine (more than $700,000 in medical expenses). They settled for $2.75 million-$2.9 million for the man and $150,000 for the woman.

$1,100,000 Settlement; Rockford, Illinois; 2015:

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 injury, broken hip, fractured wrist, damaged pelvis, cut open spleen, and left pneumothorax. Medical expenses were $750,000.

The subsequent claim against the driver was routed to the insurance company, Progressive, which eventually settled the matter for $1.1 million.

$350,000 Settlement; Cook County, Illinois; 2018:

An automobile crash caused the plaintiff a traumatic brain injury and shoulder damage. His claim against the at-fault driver was for negligence and the resulting damage it caused him. The defendant motorist’s insurance carrier, Hanover Insurance, paid out a claim of $350,000 in financial compensation.

Rosenfeld Injury Lawyers LLC can offer you legal help after an auto accident. You might be entitled to large compensation under Illinois law. We have helped thousands of clients, and we can help you too.

Our Chicago 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 to build a case that recovers the compensation you deserve. Plus, we represent clients on contingency which 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. Contact our brain injury attorneys at (888) 424-5757 to explore your legal options.

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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