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Our brains are our powerhouses. That said, anytime a person experiences damage to their brain, they’re undergoing a traumatic and potentially life-altering experience.
If you or someone you know has experienced a recent TBI, then it’s in your best interest to discuss what happened with Chicago brain injury lawyers as soon as possible. The right attorney can help you unpack your legal options after you explain the specific facts surrounding your accident and injuries. Learn more about identifying a TBI, your legal options after experiencing one, and how our lawyers at Kermani LLP can help.
Common Types of Brain Injuries in Illinois
A traumatic brain injury (TBI) is defined as damage that occurs to the brain as a result of a traumatic, jarring physical event. Some specific traumatic brain injuries include:
- Concussions;
- Diffuse axonal Injury;
- Brain contusions;
- Cerebral edema;
- Hematoma (epidural, subdural, or intracerebral);
- Skull fractures;
- Penetrating brain injury.
While there are many types of traumatic brain injuries, each is categorized based on the severity of the injury and the level of incapacitation faced by the victim:
- The least serious type of TBI is called a minor brain injury. Don’t let those terms fool you, though, because a mild TBI can still lead to significant complications. These types of injuries are often called concussions because they cause a loss of consciousness.
- A moderate TBI causes unconsciousness for up to 24 hours. These injuries lead to more serious complications but aren’t necessarily permanent. It’s possible for someone with a moderate TBI to regain full functioning with significant effort, persistence, and support.
- A severe TBI causes a coma lasting more than 24 hours. Unfortunately, this type of brain injury often leads to a life-long recovery process. The person may not be able to fully recover from the ordeal, but that doesn’t mean that they can’t significantly improve with the right help and support.
Causes of Brain Injuries in Chicago
One of the leading causes of brain injuries in Chicago is traffic accidents. When it comes to motor vehicle accidents causing TBI situations, negligence becomes a significant factor. If another driver was negligent and caused the crash, they might be held legally and financially responsible for the medical bills and other losses associated with the incident. Get in touch with brain injury lawyers in Chicago if you think someone else caused the traffic accident that led to your brain injury or your loved one’s TBI.
Following car accidents, other leading causes of brain injuries in Chicago include fall accidents, intentional violence, recreational sporting injuries, and firearm-related injuries.
Symptoms of a Traumatic Brain Injury
When you hear the term ‘traumatic brain injury’, you’d imagine that the signs and symptoms of such an injury would be apparent and immediate. That’s not always the case, though, as it could take time for symptoms of a TBI to emerge depending on the seriousness of the incident. Here is what to expect with a TBI going from a mild one to a severe one:
- Loss of consciousness (doesn’t always happen);
- Nauseousness, dizziness, and vomiting;
- Lethargy;
- Memory loss;
- Confusion;
- Loss of function;
- Personality changes;
- Vision changes;
- Persistent headache.
In general, you should get a medical evaluation if you’ve struck your head or experienced any loss of consciousness. Falling asleep before getting treatment for a traumatic brain injury could result in extreme difficulty waking the person and further injury.
Legal Rights and Options for TBI Victims
After a serious accident that leads to a TBI, it’s important for you to investigate your legal rights and options. In some cases, you may be eligible to file for brain injury compensation when another party had a legal duty to provide for your care and failed to do so.
There are many situations where negligence could play a role and lead to a claim including:
- Motor vehicle accidents;
- Work-related injuries;
- Defective product injuries;
- TBIs caused by medical malpractice;
- Slip and fall accidents on someone else’s property.
Pursuing Compensation for Brain Injury Cases
Where negligence and brain injuries are present, there is a basis for a legal claim. Legal action for brain injury victims could include filing a personal injury lawsuit or filing insurance claims for traumatic brain injuries. Before you take action to pursue a claim, you need to know the value of your claim. The value of a TBI claim is usually pretty significant since the losses are high and these injuries usually result in a long-term recovery period. You need to consider all your economic, non-economic, and future losses to accurately calculate the value of your claim. Collect evidence that highlights the actual value of your economic losses, and get in touch with an attorney when you’re ready to take the next steps.
Why Brain Injury Cases Require Expert Legal Representation
You are not legally obligated to hire an attorney to represent you in a TBI claim, but most brain injury claims should be handled by expert legal representation. For one, valuing your claim will be a challenge. The level of economic damages you’re experiencing is likely pretty high. From medical expenses for brain injuries treatment to emotional distress, you’ll need to consider every impact on your overall quality of life to accurately value your claim. What’s more, you’ll likely need to consider the long-term effects of brain injuries because you don’t know how long your recovery process will be or how much you will lose to your injury over the years.
Another reason representation is important is because negotiating with the other party can be intense and overwhelming. The right lawyer will make sure your rights are upheld and you don’t agree to a settlement award that’s less than what you deserve. Finally, an attorney can get you in touch with expert medical witnesses and any other resources you may need to file a successful claim.
Why Kermani LLP is the Choice for Brain Injury Cases in Chicago
Considering the severity of your TBI situation, you need to hire a Chicago traumatic brain injury lawyer with the right skill set and experience.
Our attorneys here at Kermani LLP have been representing injured clients in similar personal injury cases since founding our firm in 2011. We understand the gravity of the situation you and your loved ones are going through after the accident. For that reason, we operate on a contingency fee basis. There are many ways lawyers get paid, but we don’t charge any upfront costs. We only get paid once you do.
Once you get in touch with us, we’ll discuss your accident in detail. We want to know what happened, who might potentially be at fault, and what steps you took immediately following the incident. From there, we’ll listen to you explain exactly how the TBI has impacted you or your loved one’s quality of life. Once we have a handle on these details, we can provide you with personalized legal counsel about your rights and options.
Our understanding Chicago brain injury attorneys have the right experience, qualifications, and knowledge to help you navigate the complexities of your situation. Schedule a call with our office now to get started on getting financial justice after your accident.
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Frequently Asked Questions
What are the long-term effects of a brain injury?
A brain injury can cause permanent, life-altering consequences. In severe cases, TBIs can cause permanent debilitation and personality changes. At worst, it could cause a person to become completely dependent on others or technology to survive. Recovery isn’t always possible. Even when you can return to normal levels of functioning, the process won’t be easy. It could take months and even years of dedication and hard work to fully restore yourself to your prior state. While you focus on this, you’ll likely endure countless losses in the form of lost wages and an overall decline in the quality of your life.
How do brain injury settlements work in Illinois?
In Illinois, brain injury settlements are determined based on a thorough analysis of the law, your accident, and your injuries. First, a legal duty of care must be established, and negligence must be proven. From there, your overall settlement award will hinge on the extent of your losses and whether your negligence contributed to the incident. You’ll be able to recover damages as long as you were less than 50% to blame, but your overall award could be reduced based on your percentage of fault.
Can I file a brain injury claim on behalf of a loved one in Chicago?
Some brain injuries cause permanent debilitation, which means a person suffering from a TBI may not be able to fully advocate for themselves. That said, loved ones of the victim can pursue a brain injury lawsuit on behalf of the injured person. To do so, the loved one must obtain a power of attorney over the injured person. You could also hire a lawyer on behalf of your loved one. Speak directly with an attorney for specific legal advice in your situation.
What evidence is needed for a brain injury claim in Illinois?
To prove a brain injury claim in Illinois, you’ll need to secure enough evidence to prove a legal of care existed, the other party was at fault, and the extent of your losses. Evidence may come in the form of receipts or bills, like your medical costs or property repair bills. It could also come in the form of letters, like a statement from your employer regarding the wages you’ve lost out on, or from your family describing the impact of your injury on your quality of life. Evidence might come as video of the accident, witness statements, photographs, or other physical evidence.
What treatments for brain injuries can compensation cover in Chicago?
When you seek compensation for a brain injury, your settlement award should fully cover all the costs associated with your brain injury, which means it should cover all previous, ongoing, and future medical treatment you’ll need. That’s not all your compensation should cover, though. You’ll want to hire a medical expert to help you consider all the long-term losses you’re likely to experience with your level of injury.
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