Shockingly, one out of every 60 Americans is currently living with a permanent brain injury-related disability. Even more worrisome, about 1.7 million individuals sustain a new brain injury every year.
While not everyone who suffers a traumatic brain injury (TBI) will suffer permanent disability, everyone who experiences this type of injury does have to cope with significant losses as a result of their accident. These losses start with the initial medical bills for your immediate care, but they continue to compound when you can’t go back to work right away or have to dedicate a lot of time to your recovery.
TBIs are very serious, so it might be a wise time investment to initiate a free consultation with a Chicago brain injury attorney. A lawyer will listen to you detail the extent of your accident and losses. From there, they’ll be able to inform you about your legal options. If someone else had a legal duty to provide for your safety and they failed to do so, then you might have the right to file a claim for full or partial compensation.
Learn more about traumatic brain injuries, the consequences of them, and your legal options after an accident below.
Understanding Traumatic Brain Injuries (TBIs)
Traumatic brain injuries occur when the brain is damaged by an external force, like a bump to the head or a sudden, violent shaking of the skull, and normal brain functioning is disrupted. TBIs can also happen when an object penetrates the skull and makes contact with the brain.
The term ‘traumatic’ brain injury suggests that the accident and its impacts would be immediately obvious and severe, but that’s not always the case! Some TBIs, termed secondary brain injuries, occur gradually after the original accident.
That said, any form of head trauma that impacts one’s ability to function constitutes a traumatic brain injury. There are simply levels to TBIs, some being minor with minimal symptoms and others being extreme. The main difference between TBIs and other brain injuries is the resulting brain damage and the chances for a full recovery. With other head injuries, the damage isn’t ‘traumatic’, meaning the person is physically able to recover with reduced impacts to their overall quality of life. Their functioning isn’t reduced despite the injury. Traumatic damage, on the other hand, could result in lingering symptoms, permanent changes to the brain, and a reduced ability to function without a recovery period.
Types of Traumatic Brain Injuries
There are three main types of traumatic brain injuries, which are all separated based on the severity and significance of the impairment to the person’s functioning. As soon as the accident occurs, the type of TBI the person is classified as experiencing will be based on:
- The length of the loss of consciousness
- The length of memory loss or disorientation
- How responsive the person was after the incident
In general, the more serious the symptoms are, the more severe the TBI. In general, any time a person suffers any loss of consciousness after a head jolt, they should get a medical evaluation. Any loss of consciousness is considered a symptom of a TBI.
Mild TBIs
Mild traumatic brain injuries, often referred to as concussions, typically cause a temporary loss of consciousness or a sudden change in awareness that occurs after a blow to the head. This loss of consciousness typically lasts less than 30 minutes. Initially, the person may seem confused and unsure of what just happened. Take note of the person’s eyes for unusual dilation and consider whether the person seems to be off balance.
Mild TBIs are the least severe type of head injury in this category, but that doesn’t mean they shouldn’t be taken seriously. Even a mild concussion can later result in permanent damage or death in a later secondary concussion if they are not treated promptly. If you notice symptoms of a mild TBI, then it’s best to seek timely medical treatment to analyze the extent of the damage.
You also need to be very protective of your mental state in the coming days. Preventing a secondary concussion is paramount.
With the right treatment and care, you have a great chance of fully recovering from a mild TBI and getting back to your original level of functioning. With sports-related mild TBIs, 96% of sufferers fully recover 8 weeks after the incident.
Moderate TBIs
Moderate traumatic brain injuries happen when the injured individual remains unconscious for more than 30 minutes and up to 24 hours. Even once this person ‘wakes up’, they’re likely to experience an altered mental state for up to 24 hours.
Moderate TBIs result from contusions or hematomas. Contusions are defined as bruising and swelling to the brain when blood vessels are damaged. Contusions can have delayed symptoms that don’t surface for up to 24 hours. Hematomas are defined as bleeding around the brain that happens when a blood vessel completely bursts. When the vessel bursts, blood will collect in a protective membrane. The area where this collection occurs defines the type of hematomas you will be diagnosed with.
Once a person regains consciousness after a moderate TBI, they may experience immediate difficulty with coordination, balance, and speech. They could become nauseous or experience a seizure.
Unfortunately, the recovery rate for moderate TBIs isn’t as impressive as it is for mild TBIs. In a recent 2021 study, around one in three (35%) sufferers achieved a good recovery after recovering for a full year after the incident. Only about 19% reported experiencing a full recovery.
Severe TBIs
The most significant type of traumatic brain injury is classified as severe. In these situations, immediate treatment is necessary to prevent death and stabilize the person’s bodily functions to prevent further brain damage. Sometimes, severe TBIs require immediate surgery to help relieve pressure from the injury.
Diffuse axonal injury is a common type of severe TBI that frequently occurs in infants or after car accidents. This head injury happens when the brain shakes back and forth, slamming into the skull with force. After a diffuse axonal injury, the sufferer is typically in a coma and experiences damage to several parts of the brain.
A penetrating head injury happen when a foreign object pierces the skull and enters the brain tissue. Depending on the circumstances, a penetrating TBI can lead to a quickly devolving situation if the person starts bleeding from the wound.
Typically, a severe traumatic brain injury will result in permanent brain damage, which can cause changes to a person’s physical, mental, and emotional state. They may never fully recover from the ordeal, but with time and effort, they can improve their overall quality of life.
Since a severe TBI can prevent the injured person from properly advocating for themselves, you may want to reach out to a Chicago brain injury law firm on behalf of a loved one who is suffering from a severe TBI. The right attorney can help you seek justice for your loved one as well as help you get compensated for losses you’re experiencing as a result of your loved one’s newfound condition.
Signs and Symptoms of TBIs
Identifying the exact symptoms of a traumatic brain injury in a legal case is critical. To seek out the maximum compensation, you need to first get a proper diagnosis that analyzes the extent of your symptoms. That said, you need to consider your overall well-being, not simply the physical signs and symptoms of the brain damage. You’ll also need to consider the consequences to your cognitive state and the potential long-term effects of the injury, too.
Immediate Symptoms to Look For
The most immediate and obvious symptom to look for when considering whether you’re potentially experiencing a TBI situation is a loss of consciousness. Any loss of consciousness should be addressed by a medical professional, since they’ll be able to provide solid advice to help ensure a healthy recovery and prevent secondary damage.
Another immediate symptom of a TBI is confusion and disorientation. An altered state of consciousness may make it difficult for the injured person to remember what happened, communicate what they’re feeling, or connect with what’s happening in the present moment.
Physical Symptoms
Every TBI is unique, so the consequences of your brain injury and the legal guidance you need will be dependent on your circumstances and the extent of your injury. You may not experience every symptom, but the most commonly reported physical symptoms after a TBI include:
- Headaches
- Nasuea
- Uncontrollable vomiting
- Unequal eye dilation
- Blurred or double vision
- Clear fluid draining from the ears or nose
- Seizures or convulsions
- Slurred speech
- Lack of coordination
These physical symptoms could be immediate, but they might also start to appear hours or even days after the event. If you know you suffered a blow to the head and you notice a few of these symptoms, then it’s best to get a medical evaluation.
Cognitive Symptoms
Many of the physical symptoms you experience will be a result of the cognitive changes you’re experiencing due to the brain damage. The behavioral changes that you’re likely to see include:
- Decreased level of consciousness (disoriented, hard to awaken, dissociated, unresponsive)
- Confusion
- Memory loss
- Difficulty focusing on what’s happening or what’s around you
- Difficulty concentrating on a task
- Mood swings, especially increased irritability and frustration
- Changes in sleep patterns
- Hearing sounds that aren’t present (ringing in the ears)
- Sensory processing problems
- Blurred vision
- Fatigue
If you notice any of these symptoms, then it makes sense to seek out reliable TBI legal advice from an attorney. Your cognitive changes could also be impairing your judgment or ability to fully consider the range of your legal options, so having a solid legal advocate on your side can help ensure you make good decisions about your potential brain injury claim moving forward.
Long-Term Effects
Many of the impacts of a TBI cause long-term effects, even after significant recovery efforts have been made over a significant period of time. Some individuals who sustain TBIs will never regain full functioning and will need to learn how to cope with the long-term effects of the damage. Here are a few of some of the most commonly reported long-term effects associated with TBIs:
- Chronic headaches
- Cognitive impairments
- Permanent personality changes
- Loss of muscle strength
- Loss of motor coordination
- A loss of independence
When you develop depression from a brain injury, legal help is available. The right brain injury claim attorney can help you go over the details of your accident to determine if negligence may have played a role. If so, then you could be eligible to file a claim to help cover your expenses.
It’s important to look for an attorney that has a solid foundation of understanding regarding your specific TBI effects. For instance, an experienced chronic headaches brain injury lawyer will know how to get in touch with a medical expert who can testify on behalf of the extent of your headaches and how they impact the overall quality of your life. Similarly, having the right PTSD brain injury legal support can be the difference between getting minimal compensation and getting what you rightfully deserve for the permanent trauma you endure on a daily basis.
Causes of Traumatic Brain Injuries
Brain injuries develop after the head gets struck by an outside force. The most common scenarios where this type of damage results include:
- Motor vehicle accidents
- Slip and fall accident
- Sports injuries
- Assaults
- Shaken baby syndrome
- Work-related accidents
- Explosions
Since there are many causes of traumatic brain injuries, the legal assistance you look for should factor in what caused your injury. For instance, if your TBI developed after a car accident, then you’ll want to hire a motor vehicle accident brain injury lawyer. If your injury is the result of a work-related incident, then seek out a Chicago TBI lawyer with specific experience handling work-related accidents. The right lawyer’s experience can guide your own legal claim and increase the chances of your claim being a success.
Preventative Measures
Traumatic brain injuries are more common than you’d think, which is why there are so many rules and regulations that are designed to help prevent these serious injuries. Some important safety rules that can minimize your risk of experiencing this type of injury include:
- Always wear a seat belt while in a car
- Remaining alert and vigilant behind the wheel
- Using the proper protective gear and precautions when at work
- Utilizing the right sports gear
- Training and stretching appropriately before sports events
Consequences of Traumatic Brain Injuries
The consequences of TBIs are far-reaching and can creep into every aspect of your life. That said, the right TBI legal help won’t only look at the surface of your physical injuries, but will dive deep into how the injury is impacting your ability to function, your emotional well-being, your pocketbook, and your quality of life. Before you start searching Google for a ‘brain injury lawyer near me’, consider all the potential consequences of your injury including all the following factors.
Medical Consequences
The right TBI attorney in Chicago will fully consider the medical consequences of your injury. This includes your short-term medical care needs and long-term rehabilitation and therapy needs. Depending on the extent of your injury, you may have a significant recovery period.
Economic Impact
The medical consequences of your injury will lead to significant medical expenses. This isn’t the only economic impact you’re likely to experience, though, since your injury will likely prevent you from going back to work right away. Lost wages or lost income can be recovered by compensation. The right brain injury legal representation will also consider your overall earning capacity and whether it’s been permanently diminished as a result of your injury. Other potential economic impacts include any financial costs you incur as a result of your injury that you wouldn’t have had to endure otherwise.
Emotional and Psychological Consequences
TBIs can also lead to significant psychological and emotional trauma, especially when the injury results in long-term symptoms or an extended recovery period. With prolonged symptoms, conditions like depression, anxiety, and even PTSD can develop.
Litigation and Settlement Tactics in Brain Injury Cases
Are your losses stacking up after experiencing a TBI? If so, then you could have legal options for recovery if someone else’s negligence contributed to your accident. The typical Chicago brain injury lawsuit process is initiated once you reach out to an attorney and start documenting all your losses. The time it takes for your case to resolve will depend on the extent of your losses, the complexity of your accident, and the strength of the other party’s legal team. Below, we’ll go over what to expect throughout the litigation process.
Assessing the Case
The first way a lawyer will help you is by going over everything that happened and providing you with a thorough assessment. You could have a case if the defendant's negligence caused your injury. If you do have a case, then a lawyer will help you gather the right evidence and medical records you’ll need. They’ll also get in touch with medical experts who can assist with documenting the extent of your injuries.
Filing the Claim
Once you start your case, your attorney will collect all the necessary documentation to successfully file your official claim. Hiring a Chicago brain injury lawyer can help you determine whether you should utilize options like worker’s compensation or pursue other legal options. An attorney can help with other aspects of your situation, like potentially filing criminal charges against the other party. The statute of limitations in Illinois is typically two years from the date of the accident that caused your TBI.
Negotiation Strategies
Filing a strong case will help you value the claim accurately, so that’s one reason why it’s so important to hire a qualified fall-related brain injury attorney from the start. When you file a solid case, the other party is more willing to negotiate fairly. Your attorney will begin communicating with insurance companies or the other party’s legal team in an attempt to reach an agreement. Many traumatic brain injury cases are resolved during this stage.
Trial Tactics
When negotiations fall through, your lawyer will begin preparing for trial. They’ll go through the jury selection process, get together all the evidence, and get you prepared for your trial.
Brain Injury Settlement Options
An experienced TBI attorney in Illinois will work towards securing an out-of-court settlement when the conditions are right. The main reason for this is because going to court is time-consuming and costly. The right lawyer won’t stop at seeking compensation for your brain injury in Chicago though only this method, though. They should be willing to take your case all the way to court if the other party isn’t willing to fairly compromise. Sometimes, you’re able to get a better settlement award when you take your case to trial.
You have a few options for your settlement. You can opt to receive one massive lump sum payment or a structured settlement. Structured settlements allow you to receive several payments over a period of time. You can arrange the structured settlement in a way that works for you, whether that be monthly payments or multiple future lump sum payments.
Why Choose DJC Law for Your Brain Injury Case
Are you considering filing a brain injury lawsuit? Considering the severity of your losses and condition, you need to know how to choose a brain injury attorney in Chicago that’s equipped to represent you fully. Your brain injury settlement lawyer could be the difference between successfully receiving the money you need to recover from the ordeal and being left to handle those expenses on your own.
Here at DJC Law, our team is dedicated to ensuring justice for every client who looks to us for help. Our team has decades of combined legal experience, and we’re ready to use that to your advantage. Below, we’ll go over a few reasons why you should consider working with us.
Expertise in Brain Injury Cases
First, you need to find a brain injury attorney in Chicago with the right expertise. You can judge a firm’s experience and knowledge by taking a look at its past case results and checking out the specific areas of focus for those cases.
In general, you’ll only want an attorney with specialized knowledge in traumatic brain injury litigation. The stakes in your situation are too high to deal with an inexperienced attorney attempting to learn on the go. Even better, look for an attorney with experience handling lawsuits exactly like yours. For instance, a sports injury brain damage lawyer will be well equipped to handle a TBI caused by recreational sports. A lawyer that’s more focused on car accidents might not be as effective in your situation.
Client-Centered Approach
Next, you want to seek out a traumatic brain injury lawyer that offers compassionate representation and personalized legal strategies, like the attorneys here at DJC Law. A client-centered approach typically leads to bigger settlement awards and more successful outcomes.
Strong Advocacy
The right brain injury litigation expert will be a strong advocate for you. They’ll already know the best legal strategies for brain injury cases, so they’ll be prepared to handle any aggressive negotiations or courtroom presentations. You deserve effective representation you can rely on.
Testimonials
DJC Law is a reputable Chicago brain injury law firm that you can trust. If you’re looking for a brain injury personal injury lawyer who is equipped to serve you, then we’re ready to hear from you. Previous clients, like Ferrer Dalia, describe our lawyers as doing “everything in their power to help,” and we’re ready to bring that energy to your case. Check out our testimonials for more details about what former clients that about our office.
Client Success Stories
The best brain injury lawyer in Chicago will display empathy, deliver results, and rejoice in your success. Our clients say that our team is “incredibly diligent; always prompt, thorough, and tactful.” In a recent serious injury case, we were able to recover $5.9 million for a child who suffered head injuries at a restaurant.
Contact DJC Law
Are you ready to talk to a proven brain injury attorney in Chicago? Schedule a free consultation by leaving your details on our online form or call our office now at (888) 853-8169. We’ll work out a good time to talk, discuss the details of your situation, and identify your potential legal options. If we think you have a claim, then we can help you take the next steps.
Are You Ready to Talk to a Chicago Brain Injury Lawyer?
Experiencing a brain injury is not only traumatic physically, but emotionally as well. Unfortunately, a significant brain injury can completely derail your life goals and plans, forcing you to adapt to a new lifestyle that might also include re-learning life skills and how to be independent again.
Even with less serious TBIs, you can still expect a host of losses. Considering what you’ve lost, it’s in your best interests to hire skilled Chicago brain injury attorneys who can help you value your losses, compile proof of your claims, file your paperwork, and negotiate with the other party.
The sooner you reach out to an attorney’s office, the better. The right legal advocate will promptly begin collecting time-sensitive evidence, launching investigations if necessary, looking into your legal options, and starting your journey toward justice.
Here at DJC Law, our team of compassionate Chicago brain injury attorneys is committed to achieving justice for every client. If your loved one is suffering from a debilitating traumatic brain injury, then it’s possible for you to seek out a claim on their behalf.
To learn more about your potential legal options, reach out to our office now for a free consultation with one of our top Chicago brain injury lawyers.