Brain Injury Attorney
An injury to the brain is the most uniquely debilitating accidental injury a person can suffer. Traumatic brain injury survivors often must endure a long, tragic, and expensive recovery and will rarely ever be the same.
Rosenfeld Injury Lawyers LLC understands how these types of traumatic brain injury impact all areas of victims' lives and can place a severe strain on their families and loved ones.
To learn more about legal rights from brain injuries caused by someone else's negligence, contact our personal injury attorneys at (888) 424-5757 (toll-free phone number) or use the contact form for a free consultation.
Our Chicago brain injury attorneys would recommend that you contact our law office as soon as feasible to discuss your legal rights and options with a free case evaluation. Talk with a traumatic brain injury attorney to discuss your personal injuries, ongoing medical costs, and seeking compensation for your damages.
Contact our brain injury law firm for a free consultation, and you will learn the benefits of our legal representation. Our traumatic brain injury attorneys work on a contingency fee basis, so no upfront fees are required for legal representation.
Causes of Traumatic Brain Injury (TBI) in Accidents
A severe to mild TBI (traumatic brain injury) can result from many accidents and other causes. According to the United States Centers for Disease Control and Prevention (CDC), "accidental" brain injuries from various types of trauma claim the lives of 150 people each day.
Some of the most common causes of traumatic brain injuries related to accidents include:
- Truck or Car Accident: A motor vehicle accident can have devastating consequences, often changing the victim's life forever in the blink of an eye. The consequence of an automobile accident can be shocking if the crash involves a distracted driver or a motorist under the influence.
- Birth Trauma: A newborn infant who suffered a brain injury is often harmed by someone's negligence during childbirth. Tragically, an acquired brain injury involving a hypoxic or diffuse axonal brain injury leads to preventable long-term damage. In addition, an acquired brain injury often stems from other minor traumas or conditions that are undiagnosed or not treated in a prompt manner, such as chronic traumatic encephalopathy.
- Medical Negligence: The negligent practice of medicine has been responsible for numerous types of head trauma and often involves errors in administering anesthesia or medications.
- Gunshot Wound: A person injured by a gunshot could experience severe physical trauma that could involve brain swelling, severe bruising, cerebral contusion, brain bleed, or other closed head injury requiring immediate medical attention.
- Workplace accidents: Even if workers are at fault for an accident, they can receive benefits through mandated workers' compensation coverage. For example, suppose an entity aside from the injured person's direct employer can be proven responsible for the injuries.
A minor head injury causing a minor concussion would result in secondary impact syndrome, an often fatal condition diagnosed with post-concussion symptoms from closed head injuries.
In that case, the severe traumatic brain injury victim may be able to recover full and fair compensation in addition to that offered under workers'; comp benefits. In addition, if the traumas in accidents such as a slip and fall prevent them from returning to work, they may be eligible for permanent disability.
How Chicago Brain Injury Attorneys Can Help You Claim Compensation & Protect Your Future
In addition to the cost of medical procedures, therapy, and related expenses, brain injury victims are likely to lose substantial amounts of income and suffer a diminished quality of life forever.
What's more, unlike other injuries, a traumatic brain injury does not always manifest itself right away, causing precious time to be lost while the injury goes undiagnosed and untreated.
If a head injury is left untreated, there can be serious long-term consequences for the victim, including educational difficulties, problems concentrating or performing on a job, effects on personal relationships, and ongoing mental health issues such as depression and anxiety.
Have you or someone you care about suffered closed head trauma?
If so, you must contact experienced Chicago traumatic brain injury lawyers to learn about your rights and legal options so you can receive the pain and suffering compensation you deserve under Illinois tort law.
Contact us now to learn how a Chicago brain injury attorney can help ensure your personal injury lawsuit has the greatest chance of success.
Traumatic Brain Injuries in Infants and Children
According to the Brain Injury Association of America, brain trauma is the leading cause of death and disability in young children.
Although brain injuries are serious for anyone, children are more fragile and susceptible to these kinds of injuries.
Nearly one million children every year have suffered a brain injury, with approximately 20 percent of those requiring hospitalization. The largest percentage of childhood traumatic brain injury patients is four years younger or 16 years older.
Many pediatric acquired traumatic brain injury cases occur during childbirth, resulting in cerebral palsy or other serious permanent disability.
Oxygen deprivation is the leading cause of infant brain damage, occurring in 4 out of 1,000 full-term births. Even a brief interruption in a baby's oxygen supply can have drastic consequences.
Hiring a Traumatic Brain Injury Lawyer
If you have suffered a traumatic brain injury, we can help. Our legal representation will cost you nothing out of your pocket to hire a brain injury lawyer.
Likewise, victims of brain injuries do not need to pay anything out of pocket for legal representations for themselves or a loved one. Instead, your brain injury lawsuit proceeds on a contingency basis.
How are Brain Injuries Typically Treated?
With any kind of injury to the head, seek medical attention in an emergency room as soon as possible so a medical professional can take x-rays and monitor your blood pressure, oxygen, and other vital signs.
It is especially true when there is a loss of consciousness. However, if your head wound is a minor or mild traumatic brain injury, you should be fine recovering at home.
Why Your Moderate or Severe Traumatic Brain Injury Needs to Be Treated
Permanent brain damage could occur should a victim suffer untreated traumatic brain injuries, including:
- Educational difficulties and diminished cognitive abilities
- Problems concentrating or performing a job
- Effects on personal relationships
- Ongoing mental health issues such as depression, disorientation, stress, and anxiety
A brain injury victim could experience challenging personality changes, including emotional trauma and permanent impairment, almost immediately after the accident happened.
Treatment for many brain injuries and emotional symptoms generates excessive medical bills and pain and suffering damages.
What You Could Recover in a Traumatic Brain Injury Lawsuit
Should someone else act negligently and cause an accident that injured your brain, you could have a brain injury case against them involving several kinds of claims, including medical negligence (malpractice) and product liability.
Still, you must prove that someone else acted wrongfully and that wrongful conduct caused your traumatic brain injuries and other damages.
If your traumatic brain injury claim is successful, you could recover:
- Costs associated with your medical treatment
- Lost wages
- Past/future medical expenses
Our traumatic head injury lawyers can resolve your compensation case to ensure that you receive maximum compensation for your damages. Your brain injury lawyer will take specific steps to build a solid case including:
- Examine medical records
- Investigate the accident or event scene
- Hire medical experts for testimony at trial
- Gather photographic and video evidence if available
- Use analysis typically, brain injury lawsuits tools, and financial experts to determine your lifelong need for ongoing financial compensation
- Submit a demand letter to the defendant's insurance company
- Negotiate a settlement or build the case to take to trial
Our brain injury lawyers will leave no stone unturned to ensure that you are duly compensated for all damages before resolving your brain injury claim.
Typically, brain injury lawsuits take many years to resolve. We understand that the injured party suffering from a catastrophic head injury needs financial compensation now.
Our brain injury law firm works with the best doctors who agreed to accept a lien against the lawsuit and accept payment for head injury care only after the case has been resolved. We accept head injury cases, like in all our practice areas, on a contingency fee arrangement, meaning that the defendant will pay our fees through a negotiated settlement or jury award.
Sample Illinois Traumatic Brain Injury (TBI) Settlements
$15.9 MILLION SETTLEMENT (Will County)
A female newborn sustained a life-threatening anoxic ischemic injury after an obstetrician and various medical professionals allegedly failed to properly identify and respond to abnormal fetal monitoring data for over three hours.
The hospital's neonatologist allegedly did not arrive until two minutes after delivery and did not attempt intubation until five minutes of life.
As a result, the child, now age 7, suffers from severe traumatic brain injuries, spastic quadriplegia, cortical blindness, seizures, and global developmental delay.
The settlement, paid by the anonymous hospital insurance company and several medical defendants, is the highest reported Will County malpractice verdict or settlement.
$19.5 MILLION SETTLEMENT (Cook County, Chicago, Illinois)
A 56-year-old factory worker suffered a permanent neuromuscular injury impairing his motor skills after being deprived of oxygen during negligent intubation at Northwestern Memorial Hospital.
He had previously undergone a tracheostomy and was on a ventilator. He suffered the injury when a third-year resident employed by a community hospital training at Northwestern attempted to change his tracheostomy tube but failed to maintain an adequate airway.
Northwestern paid $12 million of the settlement, and the resident's employer paid $7.5 million.
$20 MILLION SETTLEMENT (Lake County)
The defendant paid the highest reported medical malpractice settlement in Lake County after emergency room medical professionals allegedly failed to monitor oxygen in a 13-year-old female patient continuously.
As a result, the young patient treated for meningitis and encephalitis could suffer permanent brain damage.
The patient suffered catastrophic brain injury symptoms, including hypoxic brain injury, and requires constant medical care in an assisted living facility. Her traumatic brain injury lawyer settled her personal injury case.
$50 MILLION AWARD (Cook County, Chicago, Illinois)
A male newborn infant suffered severe TBI brain damage during delivery when an OB-GYN at Evanston Hospital allegedly failed to perform a Cesarean section even after multiple signs of fetal distress and ordered the administration of the labor-inducing drug Pitocin put further stress on the infant.
The child has cerebral palsy, impaired language and motor skills, and other developmental problems and needs basic living tasks.
The medical malpractice verdict included damages for past and future medical care, future lost earnings, medical bills, physical therapy, loss of normal life, emotional distress, and pain and suffering.
$7.9 MILLION AWARD
A jury found the defendant, the Chicago Transit Authority (CTA), liable for damages after a CTA bus collided with the vehicle of the 33-year-old female plaintiff in an intersection, causing the plaintiff's multiple catastrophic injuries, including loss of consciousness (minor head injuries) and spinal cord injuries.
She reportedly suffers from memory loss, mobility issues, loss of vision in one eye, and lingering psychological problems, requiring 24-hour supervision.
In addition, the plaintiff claimed the CTA bus driver attempted to beat a red light when he struck her vehicle, leading to a motor vehicle accident.
Where Can a Person Go for Brain Injury Treatment in Chicago, Illinois?
In the Chicagoland area, we are fortunate to have many nationally recognized hospitals that excel in treating people with severe to mild traumatic brain injury (TBI).
Among the leading facilities for brain injury rehabilitation are:
- Shirley Ryan AbilityLab (Formerly RIC) 355 E. Erie St., Chicago, IL 60611
- Rush University Medical Center 1653 W. Congress Parkway, Chicago, IL 60612
- Northwestern University Feinberg School of Medicine, Department of Physical Medicine & Rehabilitation 710 N. Lake Shore Drive, #1022, Chicago, IL60611
- Schwab Rehabilitation Hospital 1401 S. California Ave., 60608
- Marianjoy Rehabilitation Hospital 26W171 Roosevelt Road, 60187
Traumatic Brain Injuries in Personal Injury Cases
Our traumatic brain injury attorneys are committed to securing the most favorable compensation for each client. As part of our law practice, your brain injury attorney will represent victims with various head trauma.
Regardless of the type of brain injury, our head injury lawyers are committed to providing individualized representation to convey the extent of the injury to the insurance companies. In addition, our traumatic brain injury lawyers will evaluate the personal injury claim to maximize the value of each client's brain injury lawsuit.
A concussion is the most common injury to the brain. Although it is generally considered less serious than other types of brain injury, the long-term effects are not fully understood, and concussions can have severe consequences if left untreated.
Even a mild traumatic brain injury can develop into a serious condition causing significant lifelong impairments or problems.
A concussion usually happens when an impact on the skull causes blood vessels in the brain to expand while damaging cranial nerves. In many serious brain injury cases, the victim does not lose consciousness, even for a few seconds, but is dazed by the impact. A concussion could cause a painful headache, nausea, disrupted sleep patterns, dry mouth, fatigue, and blurry vision while suffering recovery.
A contusion is another common type of brain injury and often results from an impact directly to the head through a violent jolt. Contusions frequently lead to bleeding and bruising on the brain. Some victims of extensive contusions require surgery to have them removed from the brain.
A coup-contrecoup describes a serious contusion that forms at the impact site when both sides of the brain sustain damage. The brain's movement during impact could slam brain membrane tissue against the inside of the skull on the head's opposite side.
Diffuse Axonal Injuries
Diffuse axonal issues are usually the result of a strong rotation or shaking of the head, a common damaged brain tissue occurrence when rotational forces or severe jolt happen in motor vehicle accidents, even when those are minor head injuries.
Diffuse axonal problems occur when the unmoving brain lags behind the forward and backward–thrust skull, which causes the tearing of brain structures. The shaken baby syndrome is also referred to as a diffuse axonal injury.
A subdural hemorrhage is bleeding on the brain. It occurs when blood vessels burst between the brain and its outer protective membrane, or dura mater, usually due to a blow to the head.
The build-up of blood can put pressure on the brain and cause serious injury or death, which is why subdural hematomas must be diagnosed as early as possible.
Unfortunately, traumatic brain injury symptoms sometimes do not appear until days or weeks after head trauma, as more blood collects, delaying diagnosis. In time, a mild form of subdural hematoma will result in dilation of one or both pupils, physical pain where the injury occurred, and painful headaches.
A chronic subdural hematoma develops over days to weeks after relatively minor head trauma and is more common in older people.
Penetrating Head Injury
A penetrating injury to the head from external factors is usually the result of an object such as a bullet or knife penetrating the skull and forcing skin, hair, and bone along with it into the victim's brain.
Rapidly traveling objects can cause extensive damage to specific areas of the brain. In addition, slower-moving objects can easily ricochet off the head, causing damage.
Anoxic Brain Injury
Anoxic injuries can occur when there is a lack of oxygen delivered to the brain. Without a continuous flow of oxygen in the bloodstream, the death of brain cells can happen in as little as four minutes.
Classified as anoxic differs from a hypoxic injury in that inadequate oxygen supplies usually cause hypoxia, while anoxia results from a complete loss of oxygen.
While the two conditions are similar, a complete lack of oxygen supply to the brain can cause significantly more widespread damage.
While many scenarios can cause anoxic injuries, the two leading causes are believed to be cardiac arrest - which causes the heart to cease pumping blood to other bodily organs - and asphyxia.
In addition, asphyxia - the inability to breathe - can occur due to near-drowning, suffocation, choking, or attempted suicide.
Parasites, fungi, viruses, and other organisms invading the body can cause brain infection. Brain infection can also be caused by brain abscesses, surgical errors, and other medical malpractice.
An infection can be categorized as encephalitis when the brain tissue itself is involved, or meningitis, which affects membranes covering the brain.
Traumatic Brain Injuries and Wrongful Death
Damaged brain cells from sports injuries, during a child's birth, in a car accident, or repeated concussions can lead to wrongful death. In addition, when trauma is present, the victim often experiences fatal internal bleeding.
Surviving family members who lost a loved one from fatal head injuries can file a personal injury case citing a preventable death.
Financial recovery typically includes:
- Lost wages and future lost income
- Future lost earnings
- Loss of consortium and companionship
- Funeral & burial costs
- Hospital bills and medical expenses
- Pain and suffering the decedent felt before donning
- The family's pain, suffering, grief, mental anxiety, and emotional distress
Get Help from Experienced Chicago Brain Injury Lawyers
Were you or a loved one injured? If so, a Chicago brain injury attorney from Rosenfeld Injury Lawyers, LLC can help by connecting you with an experienced personal injury lawyer to help you receive the maximum compensation you're entitled to receive.
We have numerous injury attorneys in practice areas that handle traumatic brain injury cases on a contingency basis. For example, our brain injury law office has helped individuals and their loved ones recover compensation through a brain injury claim.
Brain injury victims should connect with our birth injury law office today.
Call us to arrange a free consultation from a Chicago traumatic brain injury attorney to learn more about your legal rights and options in a traumatic brain injury lawsuit. (888) 424-5757.
- Anoxic Brain Injury (Loss of Oxygen)
- Brain Infections
- Causes of Traumatic Brain Injuries (TBI's)
- College Sports (NCAA) Brain Injury
- Pediatric Brain Injury
- Infant / Newborn Brain Injury
- Post Traumatic Amnesia
- Severity & Types of Brain Injuries
- Fractured Skull
- Subdural Hematoma / Brain Bleed
- Brain Injury Accident FAQs
- Traumatic Brain Injury Statistics