Coronavirus Update: To New & Existing Clients Learn More ›

Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
BBB Accredited Business

What Type of Financial Compensation can I Recover for a Brain Injury Caused by the Negligence of Another?

What Type Of Financial Compensation Can I Recover For A Brain Injury Caused By The Negligence Of Another? Typically, you can recover for the following types of damages in a brain injury case:

  • Medical
  • Employment
  • Suffering
  1. What Kinds Of Damages Can I Get For My Brain Injury Claims?
  2. How Can I Calculate My Brain Injury Award?
  3. Will My Brain Injury Compensation Be Affected By My Case Strategy?
  4. How Will My Role In The Accident Affect My Recovery?
  5. Still Wondering What You Can Obtain In A Brain Injury Lawsuit?

What Kinds Of Damages Can I Get For My Brain Injury Claims?

If someone negligently harms you and you sustain a brain injury, then you might have various kinds of compensation available in a lawsuit. The three general categories are medical, employment, and suffering. Defendants owe you for all of the medical bills you rack up including surgeries, medications and other treatments like rehabilitation. They also must compensate you for the fact that but for the injury you would have been a working employee. This means you should recover all lost wages and other income you failed to obtain because of the accident. Finally, a successful brain injury lawsuit should reimburse you for the pain and suffering as well as other intangible injures you received due to the brain injury. These are just the main kinds of compensation that are available and the extent that you obtain from each of them depends on the facts of your case. However, someone from Rosenfeld Injury Lawyers LLC can explain to you what your specific recovery options may be if you give us a call today.

Back to the Top

How Can I Calculate My Brain Injury Award?

"What is my brain injury claim worth?" Normally, this is one of the earliest things we hear from clients that we represent in Illinois. They want a dollar figure to gauge the worth and value of litigation. It makes sense. Trials take time and energy. However, we typically prefer to estimate a range of recovery that plaintiffs might obtain because every case is different and juries are fickle. How do we calculate a prediction for brain injury awards? We tally the expenses, lost wages, and other costs. Then, we multiply that figure by 2 or 3 depending upon the extent of the brain injury victim's intangible injuries such as disability, disfigurement, pain, and suffering. This calculation can help you imagine what your brain injury claim could obtain through court or settlement.

Back to the Top

Will My Brain Injury Compensation Be Affected By My Case Strategy?

Yes, your brain injury claim compensation will be affected by the case strategies you choose. Right off the bat, your first decision will be to pick a legal team and who you pick has a direct relationship to what you get in court. Then, if you decide to settle rather than try your case, that too can have a material impact on how much your suit recovers. Also, various decisions you will need to make along the way definitely shape your award or settlement. Some of these things include discovery, trial, and post-trial tactics. Highlighting all of the things that can influence your recovery is beyond the scope of this section. However, hopefully this shows you how critical every step of your lawsuit is and how important legal counsel will be in your Illinois brain injury lawsuit.

Back to the Top

How Will My Role In The Accident Affect My Recovery?

You can still recover for your brain injuries even if you contributed to the accident. Illinois follows the modified comparative negligence theory. Thus, as long as your portion was less than 51%, you can seek damages. However, your award will be reduced by the amount that you were responsible for what happened. For instance, suppose that a jury found you were 20% responsible and suffered $100,000 in damages, then you would receive $80,000. Yet, if a jury found you were 60% responsible and suffered $100,000 in damages, then you would receive nothing.

Back to the Top

Still Wondering What You Can Obtan In A Brain Injury Lawsuit?

There's no need to wonder. Call the Rosenfeld Injury Lawyers LLC today and someone from our team can explain exactly where and how much you might be able to recover. Also, we can help you understand what you need to do in order to achieve this compensation. Just contact our offices and we can walk you through the whole entire process.

For additional information see the following pages:

250M + Recovered for Our Clients
No Fee Guarantee We Never Charge a Fee Unless We Win
Available 24/7 Available 24-Hours per Day When You Need Us
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
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 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
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