An injury to the brain can be especially debilitating and those who have been injured due to other another person’s careless behavior may be forced to endure a long, painful and expensive recovery. The Chicago brain injury attorneys of Rosenfeld Injury Lawyers have helped individuals and families recover the compensation they were entitled to after brain injuries resulting from car accidents, medical malpractice, workplace injuries and more.
We know that these types of injuries impact all areas of victims’ lives and can place severe strain on their family and friends. In addition to the cost of medical procedures, therapy and out of pocket expenses, they are likely to lose wages and suffer a reduction in the quality of their life forever. If you or someone you care about has suffered a traumatic brain injury, it is important to know what your rights and legal options are so that you can pursue the compensation you deserve.
Anatomy of a Brain Injury Claim
Before you are able to file a lawsuit, you must first be able to prove that the injuries you’ve suffered were the direct result of another person or company’s negligent actions. Our lawyers will investigate your claim in order to establish the following so that we can build a case on your behalf.
- The Duty of Care— this is the legal definition for what amounts to a reasonable expectation. For example, drivers are expected to pay attention to the road, doctors are expected to follow the same procedural protocols as others in their field and employers are expected to provide safe workplaces.
- Breach of Duty— one we have established what can be defined as reasonable, we can show how the responsible person or company has failed to live up to those very fair expectations. The most obvious example of a breach of the duty of care would be if a surgeon failed to perform a procedure in the same manner that his or her peers in the medical community would have.
- Causation— you are unable to hold another party liable for your injuries unless you can prove that the negligent actions were directly responsible. While people may act irresponsibly at times, they are only liable if you can show that their recklessness was the clear cause of your injuries.
- Damages— this is a legal term used to describe the physical, emotional and financial toll suffered by the victim. There are both economic and non-economic damages. Compensatory damages are awarded to cover the cost of medical bills, lost wages and therapy, but items such as pain and suffering, lost opportunity and diminished quality of life are considered non-economic and their value must be decided by a jury.
Why We Rely on Medical Experts to Assist in Building Brain Injury Cases
In order to prove that there was a breach in the duty of care, we need to show the court exactly what caused your injuries and how the defendant broke his or her duty of care. Medical experts are instrumental in establishing how an injury occurred and arguing for the need for certain types of medical treatment now and into the future. By determining what type of medical care will be required, we can place an accurate value on that care so that you are able to recover the compensation needed to pay for it.
Medical experts can also convince a jury by explaining medical concepts they may be ignorant to, as people who have no medical training or experience. The use of testimony from these specialists has been linked to numerous successes in the past and will increase your chance of securing damages.
Types of Accident Cases that Consistently Involve Brain Injury
Brain injuries can result from a wide variety of accidents, which include the following.
- Auto or truck accidents — a car wreck can be devastating, in that the victim’s life is often changed forever in the blink of an eye. This is especially true if the vehicle is involved in an accident with a truck or a driver who is distracted or under the influence. The CDC has stated that auto accidents account for more TBI’s impacting people from 15 to 44 years of age than any other type of accident.
- Birth injuries — the majority of birth injuries that lead to long-term brain damage are preventable. They often stem from other minor injuries or conditions that are undiagnosed or not treated in a prompt manner.
- Medical malpractice — negligence in medicine has been responsible for numerous traumatic brain injuries. Victims who were expecting to be treated for one condition or injury awake from their procedures forever impacted by cognitive impairment or brain damage.
- Workplace accidents — even if the worker is at fault for an accident, he or she is entitled to receive benefits though mandated workers’ compensation coverage. If it can be proven that an entity aside from the direct employer was responsible for the incident, the victim may be able to recover additional compensation that exceeds compensation offered under work comp benefits.
Need to Identify & Treat Brain Injuries
One of the most important developments in the field of brain injury treatment is the need to quickly diagnose brain trauma in order to implement a treatment plan as soon as feasible. Some brain injuries may be indicated by symptoms including:
- Loss of consciousness
- Blurred or double vision
- Difficulty breathing
- Slow respiratory rate and increased blood pressure
- General fatigue
- Difficulty concentrating
- Numbness or tingling
- Loss of bowel or bladder control
The above symptoms may be indicative of an injury that merits closer evaluation or diagnostics testing such as MRI’s or CAT scans. When a brain injury is suspected or confirmed a doctor my order medication or surgery.
In the Chicagoland area, we are fortunate to have a number of nationally recognized hospitals that excel in treating people with brain injuries. Amongst the leading facilities for brain injury rehabilitation include:
Shirley Ryan Ability Law (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 IL 60611
Schwab Rehabilitation Hospital 1401 S. California Ave.
Chicago, IL 60608
Marionjoy Rehabilitation Hospital
26W171 Roosevelt Road
Wheaton, IL 60187
Types of Compensation in Brain Injury Lawsuits Under Illinois Law
If you or a loved one has suffered a brain injury due to an accident or medical malpractice, you may be able to recover compensation for any or all of the following.
- Your past and future medical expenses. This includes hospital bills, physical therapy, doctor’s visits, occupational therapy and any ongoing care.
- Lost wages. You will be entitled to receive the value of your wages during time taken off of work or for wages that you would have earned in the future should you be unable to ever work again.
- Pain and suffering. This is defined as both physical and emotional trauma due to the injuries you have suffered.
- Wrongful death. If your loved one died due to a traumatic brain injury, you may be able to recover compensation on the grounds of wrongful death.
Get Experienced Brain Injury Attorneys to Ensure You Receive the Maximum Compensation Illinois Law Allows
If you or a loved one has been injured, Rosenfeld Injury Lawyers can help. We have helped individuals and their families from across Illinois recover compensation after suffering brain injuries and we would like the opportunity to assist you as well. To learn more about your legal rights and options, we invite you to arrange a free case review with one of our award winning Chicago brain injury attorneys today.