If you or a family member suffered a traumatic brain injury (TBI) during a personal injury incident, you understand the impact these injuries can have. Living with a brain injury is never easy. A TBI can be straining on a person’s physical, mental, and financial health. A TBI can also make it difficult to work, resume daily activities, and enjoy a long and active life.
After a brain injury, your future may depend on the treatment you receive and your ability to pay for the care that you need. An experienced Chicago brain injury lawyer at Abels & Annes, P.C. can explain how you can pursue the compensation you deserve. Extensive medical bills and lost wages, along with pain and suffering, are not something you should have to deal with on your own.
When you need a skilled Chicago brain injury law firm, reach out to the team at Abels & Annes. We can help if you are suffering from a head injury due to a motor vehicle accident or other type of accident.
Traumatic Brain Injury Statistics in Illinois
The latest stats from the Illinois Department of Health show that 29,697 people in Illinois suffered traumatic brain injuries in one recent year. Of those people with brain injuries, 2,780 of them died from their injuries.
Falls and motor vehicle collisions were two of the most common causes of brain injuries. For every 100,000 people in our state, more than five fall victims and two motor vehicle accident victims died from a traumatic brain injury in that year.
The American Association of Neurological Surgeons estimates that 50 to 70 percent of all brain injuries are caused by vehicle accidents. Nationwide studies also show that 27 to 69 million people suffer brain injuries each year.
The dedicated personal injury lawyers at Abels & Annes are extremely familiar with the challenges brain injuries can create and how expensive they are to treat. To learn more about how you may receive compensation for a brain injury caused by someone else's negligence, call us today.
What is a Traumatic Brain Injury?
The definition of a traumatic brain injury is “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” These injuries include:
- Damage to the structural integrity of the skull
- Damage to the brain tissue from violent movement
- Injuries where the brain tissue is penetrated
TBIs range from mild to severe, with varying symptoms and degrees of prognosis.
Mild traumatic brain injuries usually affect a person for a short period of time before they make a full recovery. More serious traumatic brain injuries can cause bruising, torn tissue, bleeding, and other physical damage that results in long-term complications or death.
What Types of TBI Cases Can Abels & Annes Handle?
A Chicago brain injury attorney at Abels & Annes can handle all types of claims and lawsuits involving brain injuries that were caused by another party’s negligence. Some of the most common types of TBI cases we handle include:
Car, Truck, and Motorcycle Accidents
Motor vehicle accidents are one of the most common causes of brain injuries in Chicago and may result in serious, complicated head injuries. Truck accidents are less common, but they usually involve devastating force that leads to an increased likelihood of a TBI. We also represent motorcycle riders who simply have little to no protection and can easily injure their head when they are struck or thrown from their bike.
Pedestrian and Bicycle Accidents
Pedestrians and bicyclists are completely exposed when they are walking or cycling near roads. If a car hits a pedestrian, they are usually thrown or crushed by the force of the vehicle. This impact commonly causes brain injuries and serious repercussions after pedestrian or bicycle collisions.
Slip and Fall
When a person slips and falls on a wet floor or broken staircase, they can easily hit their head hard enough to cause a brain injury. While some falls are not serious and only result in minor injuries, other situations can be devastating and result in lasting consequences, including severe pain and suffering. A compassionate Chicago brain injury lawyer on our team can explain your legal rights and options after a traumatic fall.
Medical Malpractice
Medical malpractice occurs when a doctor, hospital, or other healthcare provider deviates from the standard of care, resulting in an injury to the patient. If the mistake causes a lack of oxygen to the brain or the medical provider fails to notice or treat an existing issue, a brain injury may result.
Birth Injury
Infant brain damage can occur during childbirth in certain situations involving healthcare professional negligence. The most common cause of birth injury-related TBIs is the use of an instrument like forceps or suction with too much force to deliver the baby. Also, if the baby's brain is deprived of oxygen for too long, a brain injury can occur.
Work-Related Accidents
Some workplaces and industries are known to be more dangerous than others. For example, a worker in the construction industry may suffer a brain injury on the job from falling, being crushed, or during a vehicle accident. In these cases, they may be able to recover compensation through workers’ compensation benefits. If a party besides the employer was responsible, they may be able to receive additional compensation through a third-party personal injury claim.
Types of Traumatic Brain Injuries
The most common types of brain injuries caused by trauma include skull fractures, anoxia and hypoxia, contusions, intracranial hematomas, penetrating injuries, or concussions.
These injuries all vary in degree of severity and prognosis. However, each of these injuries can seriously affect a person’s life. Our Chicago brain injury law firm team is familiar with all of these conditions and we can help secure the compensation needed to help treat them.
Contusions
A contusion occurs when the head is struck with force, causing areas of the brain to be bruised or swollen. Almost any type of head trauma can cause these contusions. And the severity can range from mild to life-threatening. In some cases, the swelling caused by the contusion may go down on its own. In other cases, surgery may be necessary to alleviate pressure on the brain.
Coup and Contrecoup Injuries
Coup injuries refer to contusion injuries on the brain at the site where the head was struck. Contrecoup brain injuries occur on the opposite side of the head as the brain is knocked to the opposing side of the skull. These injuries are technically a form of contusion. However, they are worth mentioning separately because they are common during motor vehicle accidents and have serious ramifications for TBI victims.
Concussions
Concussions are one of the most common types of TBI. They occur when sudden movement causes the brain to move around inside the skull. This creates chemical changes in the brain and can also stretch and damage brain tissue. Concussions can occur because of a direct blow to the head or due to whiplash.
Intracranial Hematoma
An intracranial hematoma is when a major blood vessel in the brain gets damaged and causes bleeding. These injuries are most common from trauma, such as a car accident or fall. The blood collection from the hematoma can cause pressure to build up on the brain, which can cause further damage.
Penetrating Injuries
This injury occurs when the skull and brain are pierced. This commonly occurs when a sharp object is forced into the skull by a violent impact. Penetrating injuries are extremely serious and require immediate emergency care.
Diffuse Axonal Injuries
A diffuse axonal injury occurs when the skull is forced forward and backward at a rapid rate. This causes tearing of the brain’s white matter, which can cause widespread neurological destruction and impairment. These injuries are very serious and can lead to coma or death.
Brain Injuries from Lack of Oxygen
One type of brain injury that is not caused by blunt trauma or a penetration object is known as an anoxic and hypoxic brain injury. These injuries are essentially the same but vary in degree.
An anoxic brain injury occurs when the brain doesn’t receive enough oxygen to stay alive, leading to death. A hypoxic brain injury occurs when the brain receives insufficient oxygen, resulting in damage to the brain.
These injuries can be severe and may result in coma, loss of cognitive function, and death.
Some of the most common causes of a lack of oxygen to the brain include:
- Drowning or near-drowning
- Crush injuries
- Complications during birth
- Cardiac arrest
- Carbon monoxide poisoning
- Exposure to hazardous gases
Compensation a Brain Injury Lawyer Can Recover
Our injury lawyers understand that recouping compensation for a brain injury that was not your fault can make an incredible difference for you and your family. In most cases, victims and their families are facing mounting bills, stress, and an uncertain future. If your traumatic brain injury is severe, you might be out of work for some time, losing the precious income you need.
Insurance companies will pay the least amount possible on injury claims because they are in business to make money. They don’t care about your injuries; they only care about their bottom lines. If you try to settle your claim on your own, you might not receive enough compensation for past medical bills, never mind future medical bills and lost time from work.
In addition to medical bills and lost income, you may be able to receive other forms of compensation because of the accident. The various types of compensation that you could receive include:
- Past medical bills for injuries you suffered in the accident.
- Future medical bills for upcoming surgeries and doctors’ visits, rehabilitation, and future care.
- Physical, cognitive, and psychological therapies. These types of therapies may continue for months or years.
- Past lost wages for the time you could not work because of your injuries.
- Future lost wages for time you cannot work in the future or if you have to take a position that pays less.
- Vehicle repairs or replacement.
- Replacement of personal property damaged in the accident.
- Loss of companionship if the accident caused injuries serious enough that you cannot enjoy doing things with your family.
- Loss of consortium if the accident caused injuries serious enough that you cannot enjoy a physical relationship with your spouse.
- The cost to hire someone for everyday tasks, such as grocery shopping, home maintenance, and cleaning you can no longer perform.
- Pain and suffering, both physical and emotional.
- Punitive damages if the at-fault person's grossly negligent actions caused the accident.
Traumatic brain injuries may be mild or severe and could have long recovery times. Compensation for your injuries will help you support yourself and your family.
Will My Case Settle or Go to Trial?
When you retain a brain injury attorney in Chicago, insurance companies know that you are not going to settle for the first low-ball offer they make. Usually, insurance companies will offer a higher amount when you work with an attorney. In other cases, even the insurance company’s highest offer may not be enough, depending on the type of traumatic brain injury that you sustain. Abels & Annes will not hesitate to go to trial to try to get more compensation when you have serious long-term injuries.
Insurance Coverage
Illinois requires every driver to have liability insurance. The at-fault driver’s liability insurance covers personal injuries and damage to your vehicle in the accident. The Illinois State Bar Association recommends purchasing enough insurance to cover all of your assets as well as an “umbrella” policy in case you are ever at fault in a catastrophic accident. The umbrella policy provides more coverage than regular insurance does. Even with the umbrella policy, at-fault drivers’ insurance policies may not cover severe traumatic brain injury medical costs.
If the at-fault driver does not have enough coverage to pay for all of your injuries but has significant assets, you may have the option to sue the driver to recover payment to cover all of your medical bills and other compensation. However, this is a difficult and complicated path to take. A knowledgeable brain injury lawyer in our Chicago office can review your unique circumstances and explain your options during a free case evaluation.
Additional Defendants to Pursue
If the at-fault party is working for an employer at the time of the accident, a traumatic brain injury attorney in Chicago could sue both the defendant and the employer. For example, in an auto accident, the at-fault driver could be considered an agent of that company which means the company may be liable for your losses.
Further, if the other vehicle was a commercial vehicle, such as a tractor-trailer truck, the company, dispatcher, warehouse, or others might share in the liability for the driver’s actions. For example, if the dispatcher told the truck driver to get a load delivered “no matter what it takes,” and the driver’s negligent speeding caused the accident, some liability could fall on the dispatcher and the company that hired the dispatcher.
Use of Medical Experts in Brain Injury Cases
Brain injury cases are complicated. They usually require expertise and experience to ensure the victim receives proper compensation. This means investigating the incident, interviewing witnesses, gathering evidence, and presenting a compelling case. One way that our team helps our clients receive large brain injury settlements is through the use of expert medical witnesses.
At Abels & Annes, our brain injury attorneys work with medical experts to demonstrate to an insurance carrier or jury the link between the defendant’s negligence and our client’s brain injuries. This expert can show causation, testify about the severity of an injury, clarify what the long-term ramifications are, and clarify how the brain injury affected the victim.
A medical expert’s opinion can make all the difference in a complicated brain injury case.
Contact a Chicago Traumatic Brain Injury Lawyer
The brain injury lawyers of Abels & Annes have the experience and resources needed to represent you in your TBI case. We will fight on your behalf to recover the maximum compensation you and your family deserve.
Don’t make the mistake of dealing with insurance companies on your own. Hire skilled legal representation to protect your rights.
If you suffered a traumatic brain injury in a Chicago motor vehicle crash, slip and fall accident, at work, or in another way, Abels & Annes is here to help. Call us at (312) 924-7575 or contact us online as soon as possible to schedule your free consultation and learn more about your rights and legal options as an accident and brain injury victim.