Brain Injuries Sustained in Truck Accidents With Sample Settlements
A serious outcome of Illinois truck accidents is a traumatic brain injury (TBI). They can leave you or a loved one devastated. They can leave you unable to perform daily tasks. You will not enjoy life the same way.
Rosenfeld Injury Lawyers works with victims of truck crashes in Illinois and many other states. When we represent those that have suffered serious injuries such as a concussion, we know that they need every resource that the law can offer.
However, it is not easy all the time. Sometimes the facts and evidence are hard to gather and illustrate and sometimes the trucking company defendants are unwilling to cooperate even though they were at fault.
The next few pages show you some issues that arise in truck accidents lawsuits with brain injuries and other types of injuries. If you have more questions, give us a call and speak to any one of our experienced truck accident attorneys.
Brain Injuries in Illinois Truck Accidents
Basically, anyone going up against a commercial truck (especially a tractor-trailer) does not have a great shot at success. They are big; they wait a lot; and they are going fast. This is why we see so many injuries with truck accidents especially brain injuries.
The brain does not have a lot of protection to begin with. It has three protective components: the skull encasing it; three layers of meninges that wrap around it; and cerebrospinal fluid which cushions it. That is basically it.
So what kinds of brain injuries occur in truck accidents? Take a look at the following list of common types:
- Traumatic Brain Injury: Traumatic brain injury is an all-inclusive label applied to any damage to a part of the brain including stem and skull. Symptoms are normally serious but varied and might not appear for a long time after the event which triggered the bruising and subsequent damage.
- Closed Head Injury: A closed head injury occurs when trauma is applied to the brain but does not crack the skin, tissue, or skull. Despite only being a surface wound, they can be serious and victims should see a doctor for treatment
- Open Head Injury: An open head injury is when a blow does crack the skin, tissue, or skull of a person (like a skull fracture). These are even more serious than closed head injuries because of complications like infections. Victims should consult their doctors immediately even if symptoms seem mild.
- Concussion: If a truck accident causes enough force to be applied to your head and brain, then you might suffer a concussion or a loss of consciousness generally. Concussion effects can range from a mere headache to complete body function loss and many other things in between. Furthermore, they can get worse if you do not see a doctor.
- Hematoma: Victims of semi-truck accidents experience a subdural hematoma when blood forms around brain vessels and collects in the tissues of the skin. It’s like a bruise but its location (i.e. brain) makes it a very serious issue that is hard to detect or treat without seeing a doctor and undergoing various diagnostic examinations.
- Hemorrhage: Hemorrhage is when someone starts bleeding within the brain, tissues of the skull, or neighboring areas. This bleeding creates pressure which can in turn put someone into a coma or even kill them.
- Contusion: Victims of truck accidents might get a contusion if tissues begin leaking blood into brain cavities. These buildup over time and get worse and worse so like other brain injuries it is important to consult a physician as soon as you can.
This covers most of the major brain injuries arising out of truck accidents in Illinois or any other state for that matter. To learn about various claims for recovery following an incident like this, and what value your claim might be worth, call us today and speak to a truck accident attorney at the Rosenfeld Injury Lawyers LLC.
Statistics on Brain Injuries from Chicago Truck Accidents
We want to provide you with some general information related to truck accidents and brain injuries. It should help understand both the scope and severity of the topic. Also, it might encourage you to driver safer and seek medical and legal help if you are involved in a crash like this:
- The CDC states that three in ten deaths from injuries occur because of a head injury and almost one-fifth of those come from motor vehicle accidents.
- For people between the ages of five and twenty-five, the leading cause of death is a head injury from a motor vehicle accident.
- For people between the ages of fifteen and forty-five, the leading cause of hospitalization is a head injury and a goof portion of those come from a motor vehicle accident.
- Rear-end and front-end truck accidents are the two leading kinds of crashes that produce brain injuries.
- The most common side-effects of brain injuries from truck accidents are blurred vision, headaches, sleep difficulty, loss of appetite, dizziness, bleeding, disorientation, memory loss, and nausea. These can last for weeks or months.
This information might be indicative of your experience or it might not be at all. The important thing is to go see a doctor to find out if you have suffered a brain injury and then go see a lawyer to find out if you have a claim for relief.
Our team can help you through that entire process and secure your compensation to the total extent under Illinois law.
Cases for Brain Injuries from Illinois Truck Accidents
Almost all of the time, your case for brain injuries that arise out of truck accident in Illinois will be for negligence. Negligence claims include the following parts:
- The defendant owed a duty to you.
- The defendant breached that duty.
- That breach caused your injuries.
- You suffered recognizable damages as a result.
How do you prove these points? Well, everyone owes a duty to operate their car or truck in a safe manner. If they breach that duty and for example crash into you, bump you, cut you off or do something similar, then they have acted negligently and breached their duty. Your task then will be to draw a line from that breach to your injuries.
For instance, you might show that their cargo which was unreasonably (read: negligently tied down fell off the truck and slammed into your head giving you a concussion. The only thing you would left at that point would be to show the economic and non-economic damages that arose as a result of this negligence.
These damages might include medical bills, lost income, disability, disfigurement, or many other harms all specific to your individual injuries. This would satisfy all four elements to your truck accident claim.
The Value of Brain Injury Claims from a Chicago Truck Crash
The largest components to brain injury claims from truck crashes or other kinds of motor vehicle accidents will normally come from medical expenses and intangible injuries. Sure, the defendant should pay for the ambulance trip, ER visit, immediate pain the incident caused, and various out-of-pocket expenses. Yet, this is just the beginning of what your claim should really look like.
What you should focus on is showing the prospective manner in which the brain injury will shape your life. Will it cause you to need long-term medical care and rehabilitation?
Will it disable you such that you cannot work the same job or recreational activities that you used to be able to perform? Will it cause you pain and suffering such that your quality of life is forever reduced?
Most of the time with these injuries in truck accident, victims answer yes to each of these questions. Therefore, you should look to build these into your claim and collect on each of them in addition to the initial shock and damage that results.
Rosenfeld Injury Lawyers LLC can sit down with you and review how the truck accident you were in affected your life and what that might mean in terms of recovery. We can shape an effective cause of action that collects on every available form of relief under Illinois law. To find out what you could recover, give us a call today!
How a Truck Accident Law Firm Can Help after a Chicago Crash
Experienced, dedicated, and immediate legal advocacy can protect your right to recover relief and financial compensation after an Illinois truck collision. Many things will need to be accomplished and quickly-failure to engage a team of personal injury attorneys may mean that does not happen.
Our team jumps into action following Chicago truck accidents so that victims are not taken advantage of by truck companies, large truck drivers, insurance companies, and other parties. We take care of the following things so our clients can focus on their health after such a traumatic incident:
- Witness interview
- Medical records collection
- Evidence gathering
- Police report requests
What You Should Do after a Chicago Truck Accident
If you are involved in a Chicago truck accident, there are a few things you can do to protect yourself.
First, seek medical attention. The most important thing you can do is see a doctor in order to stop further harm from occurring.
Second, try and record everything you remember from the incident. This will help ensure you do not forget any crucial facts.
Third, talk to experienced Chicago personal injury attorneys. They can work to advance your claim while you get better.
Fourth, do not speak to the truck driver, truck company, insurance company, or other opposing parties. They will try to get you to mess up and destroy your claim. Your attorney should have these communications on your behalf.
If you any questions about what you should do after a Chicago truck crash, give us a call or use our contact form below.
Sample Illinois Truck Accident Lawsuits with Brain Injuries
While the information below is a good starting point for learning about how a truck accident case involving a brain injury may be valued, there certainly are many other factors which deserve to be evaluated. Contact our office for a free review of your truck accident case with an attorney who has experience with a situation similar to yours.
2013; ILLINOIS; $80,771 JURY AWARD:
Here, a young woman was stopped at a right light, waiting for the light to turn, when another vehicle came screeching behind her. In fact, it was a large truck and it could not stop in time to avoid a collision. It rear-ended her sending her car into the middle of the intersection and wounding her in the process.
She suffered a concussion as well as a neck and brain strain. She sued the truck driver and the driver’s employer arguing that the latter was vicariously responsible under the theory of respondeat superior. However, her claim against the company went nowhere because the truck driver was not even working that day. He was just driving around for personal reasons.
She was successful against him personally though. The truck driver did not even contest liability. He only denied the amount of damages that she asked for in her complaint. A jury found that an appropriate amount for the crash and her injuries was $80,771.
2007; ILLINOIS; $203,806 JURY AWARD:
This accident started when a truck driver read-ended a car that then kicked off a chain-reaction crash involving five other vehicles. The woman in the first car hit sued the truck driver for negligence.
She said that because if the crash she suffered a brain injury that affected her memory, emotions, and cognitive abilities. Due to these injuries, she alleged she could no longer continue her employment as a store manager.
The defendant truck driver could not deny that he was responsible for the seven-car pileup but denied that the incident affected the plaintiff as much as she claimed. In particular, he refuted the contention that she could not work as a manger of a retail store anymore.
The jury found for the plaintiff for $203,806 in the following fashion:
- Lost Wages: $3,806
- Pain and Suffering: $20,000
- Punitive: $180,000
- Total: $203,806
Truck Accident Lawyers That Can Assist You in Chicago
Although these topics and the legal system may seem daunting, you do not have to do it all on your own. We can help you like we have helped other truck accident victims pursue recovery through the courts.
Plus, we can do it all on contingency so that you do not have to pay anything if you’re unhappy with the award or settlement. Call us today for a free consultation. We can show you how to get back onto the road to recovery.
Learn about other kinds of Illinois truck accident injuries. Please read the following pages.
- Understanding Wrongful Deaths in Illinois Truck Accidents
- Understanding Back and Neck Injuries in Illinois Truck Accidents
- Understanding Bone Fractures in Illinois Truck Accidents
- Understanding Paralysis Injuries in Illinois Truck Accidents
- Understanding Joint Injuries in Illinois Truck Accidents