Chicago Brain Injury Lawyer

Experienced Legal Team Helping Victims Recover Compensation

If you or a loved one has experienced a brain injury, a knowledgeable Chicago brain injury lawyer at Rosenfeld Injury Lawyers is here to help. These injuries can change lives in an instant—physically, emotionally, and financially. 

Contact us today to schedule a free consultation and learn how we can help you recover compensation for your medical bills, lost income, and long-term care.

Brain Injury Settlements We’ve Recovered

• $20,300,000 – A child sustained permanent cognitive impairments and cerebral palsy due to medical negligence at birth. 
• $12,000,000 – Surgical mistake during cardiothoracic surgery led to severe brain damage and the amputation of a leg below the knee.
• $4,133,333 – A construction worker fell from a scaffolding, suffering both a pelvic fracture and a traumatic brain injury. 
• $1,680,000 – A motorcyclist was struck by a rideshare vehicle as it dropped off a passenger. He suffered a mild traumatic brain injury. 
• $510,000 – A cyclist hit by a car making a left turn received the full insurance policy limit after being diagnosed with a concussion and mild brain trauma, alongside facial injuries.

What Constitutes a Brain Injury?

A brain injury generally refers to any disruption or damage to the normal function of the brain, often caused by an external force, lack of oxygen, or bleeding inside or around the brain. 

It ranges in severity from mild concussions that may result in temporary symptoms to extremely serious incidents leading to lasting impairments. 

How Common Are Traumatic Brain Injuries?

Traumatic brain injuries (TBIs) are a serious health concern across the United States. Here’s an overview of some startling statistics:

• 1.5 million Americans sustain severe brain trauma annually.
• Per the latest data from 2021, 29,697 people in Illinois sustained traumatic brain injuries.
• Of those cases, 9% tragically resulted in death where TBI was identified as a contributing cause, 26% required hospitalization, and 64% were treated in emergency departments and later released. 
• Suicides accounted for 90.6% of TBI-related deaths, while firearm incidents made up 77.8% of deaths. Assault and homicide followed with 9.8%, while motor vehicle accidents and falls each accounted for around 5%. Deaths from being struck by an object were rare, making up just 0.3% of the total.

Types of Brain Injuries

Brain injuries can manifest in various forms, each with unique causes and levels of severity. Some of the most common types include the following:

Concussion

Concussions are one of the most common types of traumatic brain injury (TBI) and typically result from a sudden impact on the head or movement that causes the brain to shake within the skull. This may lead to mild TBI symptoms like headaches, dizziness, and confusion, or more severe symptoms, depending on the severity.

Stroke

A stroke occurs when blood flow to part of the brain is blocked or a blood vessel within the brain ruptures, potentially causing damage to affected areas. Symptoms can range from weakness and speech difficulties to paralysis. 

Strokes require timely and accurate diagnosis to be treated effectively, as a misdiagnosis or delay in treatment can lead to irreversible damage. If you or someone you know has a stroke due to a possible medical malpractice, you can consult a Chicago stroke misdiagnosis attorney to understand whether you have a case. 

Brain Aneurysm

An aneurysm in the brain refers to a bulging, weakened area of a blood vessel, making it prone to rupture and bleed into the surrounding areas. This can create significant pressure within the skull and produce severe headaches, and vision problems, or lead to life-threatening complications if untreated to relieve pressure.

Brain Hemorrhage

A hemorrhage involves uncontrolled bleeding either within or around brain tissue, which often physically damages brain cells. It might be caused by trauma or ruptured aneurysms, leading to symptoms such as sudden and severe headaches, vomiting, and loss of consciousness. These injuries can be life-threatening.

Skull Fracture

A skull fracture occurs when there is a break in the cranial bone caused by impact to the head, sometimes a penetrating brain injury. 

Depending on its severity, it can range from a simple crack to penetration of brain tissue and may lead to serious complications in a person’s life, such as infections and permanent disability, as well as psychological suffering and other emotional symptoms.

If you or a loved one has suffered from a skull fracture due to someone else’s negligence and needs legal assistance with personal injury claims, you can reach out to a Chicago fracture injury lawyer to receive fair compensation. 

Oxygen Deprivation

Instances of complete oxygen deprivation can result in severe and permanent brain damage or even death, whereas partial deprivation may cause varying degrees of normal brain function impairment depending on the duration and extent to which the brain was deprived.

Common Causes of Brain Injuries

Head injuries and traumatic brain injuries occur in a multitude of circumstances. However, some scenarios are more common than others. Assessing the cause is essential for determining liability and pursuing appropriate legal action. Below are some of the most common causes of brain injury cases in Chicago.

Motor Vehicle Accidents 

Collisions involving trucks and cars rank high among causes for brain injuries due to the forceful impacts that can jostle or cause a person’s head to strike an object, potentially leading to traumatic brain injury, like diffuse axonal injury, caused by rapid shaking back and forth.

Collisions on major roads like Lake Shore Drive, I-290, or Western Avenue often result in sudden head impacts, which can cause severe traumatic brain injury, such as diffuse axonal injury. Our Chicago car accident attorneys are well-versed in handling TBI cases and can ensure that the at-fault party is held accountable.

Slip and Fall

A slip-and-fall on an icy sidewalk in Wicker Park or a wet floor in a Magnificent Mile retail store can result in brain injuries when someone hits their head. Falls often result in hospitalizations or even permanent disabilities.

If you’ve suffered a brain injury after slipping and falling on another’s property, contact our Chicago slip and fall injury lawyers to ensure maximum compensation through a premises liability claim. 

Defective Product Injuries 

Acquired brain injury can also result from dangerous or faulty products, like defective bicycle helmets or malfunctioning industrial equipment. If a product fails to prevent or causes a penetrating injury, the manufacturer may be held liable. 

If you believe your brain injury was the result of a defective product, contact our Chicago product liability attorneys to discuss the compensation you may be entitled to. 

Medical Malpractice

Mistakes in medical attention settings can lead to some of the most adverse outcomes, including serious injuries caused by oxygen deprivation, surgical mistakes, or birth injuries. 

If you believe your brain injury stems from a medical mistake or negligence, don’t wait to seek justice. Our team of Chicago medical negligence attorneys has the following specialists to help you receive the compensation you deserve:

• Chicago surgery error attorneys specialized in handling cases leading to blood clots as primary injuries or secondary injury at facilities like Northwestern Memorial Hospital
• Chicago birth injury lawyers handling cases such as shaken baby syndrome during delivery at facilities like Lurie Children’s Hospital
• Chicago hospital fall injury attorneys specialized in handling cases of falls due to staff negligence and other forms of substandard care.

Sports Injuries

What to Do If You Suspect a Traumatic Brain Injury (TBI) 

If you think that either you or someone close to you might have sustained a brain injury—whether it’s mild, moderate, or severe TBI—it’s critical to take prompt and appropriate steps. Here’s what you should consider doing:

• Seek medical attention: Immediate medical attention is important as brain injuries can have non-obvious symptoms that require urgent care.
• Monitor health: Monitor your health closely and document any symptoms (such as mood swings, depression, and pain) to assist doctors in making an accurate diagnosis. 
• Don’t post about your injury on social media: Refrain from posting about your injuries online because these posts could potentially be used against you later on, affecting the amount of compensation you’re entitled to if you file a legal claim. 
• Contact a traumatic brain injury lawyer: Consult with a personal injury lawyer who is experienced with brain injuries and can guide you through your legal options and help ensure crucial evidence gets preserved for potential claims. 

Compensation Awarded in Traumatic Brain Injury Claims 

Our skilled traumatic brain injury attorney aims to help you receive fair compensation for all damages sustained, including but not limited to:

• Current and future medical expenses
• Lost wages from time away from work
• Loss of earning capacity if your ability to work has been affected long-term
• Rehabilitation costs, including physical and cognitive therapy 
• Physical pain and suffering, which encompasses both physical and emotional pain

What Is the Average Settlement in Brain Injury Claims?

In a successful brain injury claim, there’s no average or go-to amount when it comes to settlement figures. The value of a traumatic brain injury case depends on individual factors, like:

• Clarity of Liability – If it’s clear who was at fault (e.g., a negligent driver, employer, or medical provider), the chances of a higher settlement increase. Disputed liability often leads to delays or reduced offers.
• Long-Term Care Needs – A severe traumatic brain injury (TBI) can require lifelong treatment, including physical therapy, in-home care, and cognitive rehabilitation. Settlement amounts reflect the full scope of medical expenses, including future costs.
• Quality of Evidence – Strong medical records, expert opinions, and testimony from family members or caretakers can help demonstrate how the injury affects brain function, emotional stability, and overall quality of life. This is especially important in cases involving diffuse axonal injury, chronic traumatic encephalopathy, or repeated concussions.
• Competence of Attorney – A seasoned Chicago brain injury attorney understands how to build a compelling case, present evidence effectively, and push back against insurance companies. An experienced traumatic brain injury lawyer will fight to ensure fair compensation for lost wages, medical bills, and other damages.

The Insurance Coverage of the Defendants

Insurance company policy limits play a crucial role in the amount that can be claimed, as the defendant’s coverage will cap how much you could potentially receive through a settlement, regardless of your actual damages. 

To obtain full and fair compensation in these circumstances, you would need to file a traumatic brain injury lawsuit against the defendant. An experienced attorney is vital in seeking fair compensation for traumatic brain injury claims. 

The Extent of Injury and Medical Treatment Needed

The scope of treatment for brain injuries varies widely, ranging from rest and careful monitoring in cases of mild traumatic brain injuries to extensive, long-term rehabilitative care for severe trauma. 

Costs can escalate rapidly when more intensive interventions–surgeries, therapies (both for the physical trauma and cognitive consequences), and medications–are necessary.

The lifetime costs of treatment for traumatic brain injury are substantial and are estimated to range from $85,000 to $3 million, depending on the severity and specific needs of the individual patient.

With such astronomical potential expenses, it becomes imperative that victims speak with a traumatic brain injury attorney as soon as possible if someone else is to blame for their injury. 

Parties That Can Be Pursued in a Brain Injury Claim

In a brain injury claim, identifying all responsible parties is critical for ensuring maximum compensation. Here are some potentially liable parties:

Individuals

A person who causes a traumatic brain injury through negligent actions, such as reckless driving, can be held liable under 735 ILCS 5/2-1116, Illinois’ comparative fault statute. These claims often arise from car accidents or physical assaults.

Employers

Under the doctrine of vicarious liability and the Illinois Workers’ Compensation Act (820 ILCS 305/), employers may be responsible when a TBI occurs during work activities due to unsafe conditions, lack of training, or defective equipment.

Product Manufacturers

A company that produces or sells a defective item can be held liable under 735 ILCS 5/13-213. This includes cases involving unsafe machinery, helmets, or tools that lead to head injuries or brain damage.

Property Owners

Property owners may be held accountable under the Illinois Premises Liability Act (740 ILCS 130/) if the brain injury resulted from hazards like broken stairs or unshoveled ice that they failed to correct.

Healthcare Providers

Medical malpractice claims for traumatic brain injury (TBI) are governed by 735 ILCS 5/2-622, which outlines requirements for suing healthcare providers over surgical errors, delayed diagnoses, or birth trauma that impact brain function.

Government Entities

Claims against public agencies must follow the Illinois Court of Claims Act (705 ILCS 505/). These can involve failure to maintain sidewalks, remove roadway hazards, or properly train city employees, leading to serious head trauma on public property.

Proving Liability in Brain Injury Cases

Proving liability in brain injury cases usually revolves around establishing that the other party was negligent. To do this, the following four elements must be proven: 

1. Duty of Care: The responsible party has a legal obligation to exercise reasonable care and protect the injured party from harm. For instance, drivers must follow traffic rules to avoid causing car accidents.
2. Breach of Duty: The second step is proving that the defendant breached that legal duty by failing to act in a way that a reasonable person would act in the same situation. For example, a driver who is speeding and runs a red light. 
3. Causation: There must be a direct link between the breach to your head trauma, showing it was their breach of duty that led to your injury. 
4. Damages: Finally, it needs to be shown that the harm resulted in compensable damages such as medical expenses, lost income, or pain and suffering. 

The experienced Chicago personal injury attorneys from Rosenfeld Injury Lawyers can help TBI victims gather evidence, use expert testimony, and present a persuasive argument to insurance companies or in court. 

You Have Limited Time to File a Brain Injury Lawsuit in Chicago

In Illinois, the statute of limitations for filing a brain injury lawsuit is usually two years from the date that your injuries were sustained (735 ILCS 5/13-202). However, exceptions to this rule often arise. 

For example, if you were a minor when injured, you have a longer deadline, and if you were injured through medical malpractice, the timeline is different as well.   

For these reasons, you should always speak with a lawyer as soon as possible after an injury to ensure you don’t miss out on your chance for compensation.

How Our Chicago Brain Injury Attorneys Can Help

Our Chicago brain injury attorneys are equipped with the necessary experience and resources to build strong personal injury cases on your behalf. Here’s how we can help:

• Gather Evidence: We begin by thoroughly examining all aspects of your accident, securing crucial evidence from the scene, and obtaining detailed medical records that corroborate your personal injury claim.
• Consult Expert Witnesses: We collaborate with medical experts who can substantiate how the injury occurred, the extent of your injuries, and their impact on your daily life, illustrating their severity when presenting a case to insurers or in court.
• Negotiation and Litigation: We use the evidence and expert testimony collected to negotiate effectively with insurers for a fair settlement that covers your losses. If we can’t reach a satisfactory agreement, our attorneys are prepared to take your case to trial, advocating vehemently on your behalf before a judge or jury.
• Understand Your Present and Future Needs: Our team acknowledges current costs and anticipates future expenses resulting from long-term care or therapy, making sure nothing gets overlooked when pursuing the compensation you’re owed.

Consult a Chicago Brain Injury Lawyer Near You!

Confronting a brain injury can be overwhelming, but you don’t have to face it alone. The compassionate and skilled personal injury law firm at Rosenfeld Injury Lawyers is ready to assist you every step of your journey so you can focus on what really matters—your health and recovery. 

We’ll determine who is liable and pursue compensation on your behalf, sometimes including filing claims against multiple parties.

Call our legal team at (888) 424-5757 or reach out online today to speak with a Chicago brain injury lawyer.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Decatur, Peoria, Springfield and throughout Illinois.

Resources: [1] NIH, [2] DPH, [3] DPH, [4] Northwestern

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.