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Chicago TBI Lawyer

An injury to the brain is the most uniquely debilitating accidental injury a person can suffer. Individuals who survive traumatic brain injury (TBI) often must endure a long, anguished, and expensive recovery, and will rarely ever be the same.

Rosenfeld Injury Lawyers LLC understands how these types of TBI 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, contact us for a free consultation.

We would recommend that you contact a brain injury attorney at our law office as soon as feasible to discuss your legal rights and options with a free case evaluation. We highly recommend that you contact us for a free consultation, and you will learn the benefits of our legal representation.

Chicago Traumatic Brain Injury Lawyer

Causes of Traumatic Brain Injury (TBI) in Accidents

A brain injury can result from a wide variety of accidents and other causes. According to the United States Centers for Disease Control and Prevention (CDC), 'accidental' TBI from various types of accidents claim the lives of 150 people each day.

Some of the most common causes of TBI related to accidents include:

Auto and truck accidents -A car accident can have devastating consequences, often changing the victim's life forever in the blink of an eye. This is especially true if the victim is involved in an accident with a truck or a driver who is distracted or under the influence. The Centers for Disease Control has concluded that auto accidents account for more severe TBI (brain injury) in people from 15 to 44 years of age than any other type of accident. A Chicago brain injury lawyer can help you file a negligence lawsuit.

Birth Trauma - These injuries are often sustained by a newborn infant as a result of negligence during the childbirth process. Tragically, most birth injuries involving anoxic and hypoxic brain injury lead to long-term damage are preventable. This type of Chicago 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 the administration of anesthesia or medications. Victims who expected to be treated for a different condition or injury awake from their procedures forever impacted by cognitive impairment (injury brain). Victims may also suffer head injuries in a nursing home accident

Workplace accidents- Even if a worker is at fault for an accident, they are entitled to receive benefits through mandated workers’ compensation coverage. If an entity aside from the injured person’s direct employer can be proven responsible for the injuries, the victim may be able to recover compensation in addition to that offered under workers' comp benefits. If the traumas in accidents such as a slip and fall prevent them from returning to their work, they may be or eligible for permanent disability.

How Brain Injury Attorneys Can Help You Recover 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 brain injury does not always manifest themselves 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.

If you or someone you care about has suffered a closed head trauma, it is critical that you contact an experienced Chicago brain injury lawyers to learn about your rights and legal options so you can receive the compensation you deserve under Illinois tort law. Contact us now to learn how a Chicago brain injury attorney can help ensure your claim has the greatest chance of success.

Chicago Traumatic Brain Injury Lawyer

Brain Injury Accident Law FAQs

Below are some frequently asked questions raised by individuals and families coping with a traumatic brain injury. We appreciate that many of these questions may give rise to additional questions or issues specific to your situation. Consequently, we welcome you to contact our law firm for a free consultation with an experienced Chicago brain injury lawyer who can assist you.

What Types of Traumatic Brain Injuries are Seen 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 lawyer will represent victims with a variety of head trauma. Regardless of the type of brain injury, we are committed to providing individualized representation to convey the extent of the injury to the insurance companies and other entitles evaluating the personal injury claim so we can maximize the value of each client's case.

Concussion

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 if left untreated, concussions can have severe consequences. Even a mild concussion can develop into a serious condition causing significant lifelong impairments or problems. For instance, it doubles a person’s risk of developing epilepsy over the next five years and may lead to a stroke if a blood clot forms in the brain.

A concussion usually happens when an impact to the skull causes blood vessels in the brain to expand while damaging cranial nerves. In many cases, the victim does not lose consciousness but is instead dazed by the impact. 

Contusion

A contusion is another common type of brain injury and often results from an impact directly to the head. Contusions frequently lead to bleeding and bruising on the brain. Some victims of large contusions require surgery to have them removed from the brain.

A coup-contrecoup describes a serious contusion that forms at the impact site in addition to the opposite side of the brain. This is often the result of the brain’s movement during impact, causing it to slam against the inside of the skull on the opposite side of the head.

Diffuse Axonal Injuries

Diffuse axonal issues are usually the result of a strong rotation or shaking of the head, a common occurrence when rotational forces happen in a vehicle accident. Diffuse axonal problems occur when the unmoving brain lags behind the forward and backward-thrusted skull, which causes the tearing of brain structures. Shaken baby syndrome is also referred to as a diffuse axonal injury.

This severe disturbance often produces permanent or temporary widespread damage to the brain, coma, and at times death. Victims often present numerous functional impairments based on where the tears (shearing) occurred.

Subdural Hematoma

Subdural hematoma, also called a subdural hemorrhage or bleeding-on-the-brain, occurs when blood vessels burst between the brain and the brain’s outer protective membrane, or dura mater, usually as a result of 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 it’s critical that subdural hematomas are diagnosed as early as possible.

Unfortunately, symptoms sometimes do not appear until days or weeks after head trauma, as more blood collects, delaying diagnosis. A chronic subdural hematoma develops over the course of many days to even weeks after relatively minor head trauma and is more common in older people.

Elderly persons are at increased risk of subdural hematoma because they are commonly taking anticoagulant medication (blood thinners) and are also susceptible to falls in nursing homes.

In the elderly, even mild trauma could cause a subdural hematoma, because veins have usually already stretched as a result of aging, which makes them more prone to injury.

Penetration Head Injury

A penetration injury to the head 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. Slower moving objects can easily ricochet off the head, also causing damage.

Some victims of this type of brain injury suffer “through and through” injuries when an object enters and exits the skull after passing through the brain. Firearms falls, a car accident, and being struck with an object can create devastating penetration injury causing the victim permanent damage and disability.

Anoxic Brain Injury

Anoxic injuries can occur at any time 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. Brain trauma classified as anoxic differ from a hypoxic injury in that inadequate supplies of oxygen usually cause hypoxia, while anoxia is the result of 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. Asphyxia—the inability to breathe—can occur as a result of near-drowning, suffocation, choking, or attempted suicide.

Brain Infection

Parasites, fungi, viruses, and other organisms invading the body can cause infection of the brain. 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.

TBI's in Infants and Children

Brain trauma is the leading cause of death and disability in young children, according to the Brain Injury Association of America. Although brain injuries are serious in any person, children are more fragile and susceptible to these kinds of injuries. 

Nearly one million children every year suffer TBIs, with approximately 20 percent of those requiring hospitalization. The largest percentage of childhood traumatic brain injury patients are four years and younger, or 16 years and older.

Many cases of pediatric brain damage 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, it will cost you nothing out of your pocket to hire an attorney. Victims of brain injuries do not need to pay anything out of pocket for legal representations for themselves or a loved one. Instead, your injury lawsuit proceeds on a contingency basis. Our law firm is not paid unless your injury claim is successful.

How are Brain Injuries Typically Treated?

With any kind of injury to the head, it is important to seek medical attention in an emergency room as soon as possible so doctors can take x-rays and monitor your blood pressure, oxygen, and other vital signs. This is especially true when there is a loss of consciousness. If they decide your head wound is minor or mild, you should be fine recovering at home.

However, if your injury is deemed life threatening, then physicians might put you on a course of treatment that includes surgery, medication, and rehabilitation.

Medications for Brain Injuries

You might be prescribed medications to reduce the risk of pressure buildup in your brain, comas, or seizures. Doctors might perform surgery to remove blood clots and repair skull fractures, among other things.

Ongoing rehabilitation might be necessary to address the long-term health implications of your injury, such as blurred vision.

Why Your TBI Needs to Be Treated

If traumatic brain injuries are left untreated, there can be permanent brain damage for the victim, including educational difficulties in the case of a child; problems concentrating or performing on a job; effects on personal relationships; and ongoing mental health issues such as depression, disorientation, stress, and anxiety. Many victims of brain injuries also experience personality changes. TBI treatment means medical bills and pain and suffering damages.

What Can I Recover in a Traumatic Brain Injury Lawsuit?

If someone else acted negligently and caused an accident that injured your brain, you could have a case against them. There are several different kinds of claims you could bring including negligence, malpractice, and product liability, but the key is that you must prove that someone else acted wrongfully and that wrongful conduct caused your injuries.

If your claim is successful, you may be able to recover the costs associated with your medical treatment and time away from work (lost wages), both past and future medical expenses, as well as, compensation for your “non-economic” damages such as pain and suffering and diminished quality of life and disability.

How Long do I Have to File an Illinois Brain Injury Lawsuit?

You have only two years in Illinois to bring a lawsuit for personal injuries, including a head injury / TBI, beginning from the date of the injury-causing event (735 ILCS 5/13-202). However, this clock does not start running until you discover the injury. If your suit is a malpractice action, then you cannot file it once four years have passed from the date of the injury regardless of when you discovered you had a possible cause of action.

The point at which the clock starts running on your brain injury case is known as an accrual. As noted above, you typically have two years once it begins to accrue. But how will you know when it starts? Broadly speaking, it starts whenever you realize you were injured. But because the law recognizes that not all damage manifest themselves right away, it created a backstop, which is the point when you should have discovered your injury.

Illinois law also gives children and fraud victims more time to pursue their Chicago personal injury lawsuits. If your medical harm was latent and presented after a long period of time, you might get relief from the standard two-year window.

Consult with the highly recommended Chicago brain injury lawyers today to make sure you file your claims in a timely manner for your circumstances

Sample Illinois 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 a severe TBI, spastic quadriplegia, cortical blindness, seizures, and global developmental delay. The settlement, paid by the anonymous hospital insurance company and several medical defendants, is believed to be the highest reported Will County malpractice verdict or settlement.

$19.5 MILLION SETTLEMENT (Cook County, Chicago)

A 56-year-old factory worker suffered a permanent neuromuscular injury impairing his motor skills after he was deprived of oxygen during negligent intubation at Northwestern Memorial Hospital.

He had previously undergone a tracheostomy and was on a ventilator and suffered the injury when a third-year resident employed by a community hospital who was training at Northwestern attempted to change his tracheostomy tube but failed to maintain an adequate airway. The injury left the plaintiff unable to return to work. Northwestern paid $12 million of the settlement and the resident’s employer paid $7.5 million.

$2 MILLION SETTLEMENT (Cook County)

A 65-year-old pedestrian was struck by a vehicle that was turning left while she was crossing a street in Lake Forest. Among other issues, she suffered post-concussion syndrome with occasional short-term memory loss and intractable headaches. Her medical expenses totaled over $170,000.

$2.15 MILLION SETTLEMENT (DuPage County)

A 35-year-old motorcyclist was struck by the defendant’s vehicle while it was making a left turn onto Maple Street in Elmhurst. He suffered a traumatic injury that allegedly causes difficulty concentrating and controlling emotions, in addition to broken ribs and a torn knee ligament ($205,938 medical expense). The settlement was paid by the defendant’s insurers.

$20 MILLION SETTLEMENT (Lake County)

The highest reported medical malpractice settlement in Lake County was paid after emergency room nursing staff allegedly failed to continuously monitor oxygen in a 13-year-old female patient who was being treated for meningitis and encephalitis. The patient suffered catastrophic harm including hypoxic brain injury and now requires constant care in an assisted living facility. Half the settlement was paid by the self-insured hospital and the other half by its excess insurance company, Allied World.

$50 MILLION AWARD (Cook County)

A male newborn infant suffered severe 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 also ordered the administration of the labor-inducing drug Pitocin, which put further stress on the infant. The child suffers from cerebral palsy and impaired language and motor skills, in addition to other developmental problems, and needs assistance with daily living. The 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 defendant 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 multiple catastrophic injuries including loss of consciousness and spinal cord damage. She reportedly suffers from memory loss, mobility issues, loss of vision in one eye, and lingering psychological problems, requiring 24-hour supervision. The plaintiff claimed the CTA bus driver was attempting to beat a red light when he struck her car.

Chicago Traumatic Brain Injury Attorney

Where can a Person go for Brain Injury Treatment in Chicago, Illinois? 

In the Chicagoland area, we are fortunate to have a number of nationally recognized hospitals that excel in treating people with brain trauma. Among the leading facilities for brain injury rehabilitation are:

Shirley Ryan AbilityLab (Formerly RIC) 355 E. Erie St., Chicago 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 60611

Schwab Rehabilitation Hospital 1401 S. California Ave., 60608

Marianjoy Rehabilitation Hospital 26W171 Roosevelt Road, 60187

View More Brain Injury FAQs

Get Help From an Experienced Chicago Brain Injury Attorney

If you or a loved one has been injured, 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. We have numerous attorneys in practice areas that handle TBI cases.

An injury attorney from our law office have helped individuals and their loved ones recover compensation through an injury claim, and we would like the opportunity to assist you as well.

Brain Injury Victims Should Connect With Us Today

To learn more about your legal rights and options in a traumatic brain injury (TBI) lawsuit, we would recommend that you call us to arrange a free case evaluation and free consultation from a Chicago law firm today.

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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
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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
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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
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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
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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