Chicago Brain Injury Lawyer

Experienced Legal Representation and Maximum Compensation in Brain Injury Cases in Chicago

At Rosenfeld Injury Lawyers, we know the devastation a brain injury can cause not just to the injured person but to their entire family. As a Chicago brain injury lawyer team with decades of experience, we’ve seen firsthand how quickly life can change after a traumatic event. 

Whether the injury was the result of a car accident on the Kennedy, a fall on a job site in River North, or medical malpractice at a local hospital, we are committed to helping our clients secure the medical care, lost income, and long-term support they need. Contact us for a free consultation today!

Brain Injury Settlements Recovered by Our Chicago Law Firm

$12,000,000 Surgical Error 

Peter came to us after a routine cardiothoracic procedure at a major Chicago hospital went catastrophically wrong. Due to a preventable surgical error, he suffered a brain injury resulting in cognitive deficits and a below-the-knee amputation. The hospital’s failure to monitor oxygen levels during surgery contributed to the oxygen deprivation that caused permanent brain damage. Our law firm worked with top medical professionals to build a case rooted in clear medical negligence, ultimately securing a settlement to support Peter’s lifelong care needs.

$4,500,000 ATV Accident 

Nine-year-old Liam was riding on the back of an ATV in Will County when a family friend lost control of the vehicle. He was thrown from the ATV, suffering a traumatic brain injury and multiple facial fractures. We pursued a brain injury lawsuit against both the homeowner’s insurance and the ATV manufacturer. Our investigation revealed that the vehicle lacked proper passenger safety warnings. The recovery will help cover future medical expenses, therapies, and educational support for Liam’s development.

$4,133,333 Construction Site Fall 

Jose was working on a job site in Chicago’s West Loop when faulty scaffolding collapsed, sending him nearly 20 feet to the ground. He suffered a shattered pelvis and a traumatic brain injury. Our team brought a personal injury claim against multiple subcontractors and equipment providers for failing to follow basic OSHA safety standards. The settlement will allow Jose to recover financially while managing his ongoing care.

$2,800,000 Bar Assault 

After a night out in Wicker Park, our client, Marcus, was assaulted by a group of intoxicated patrons just outside a bar’s entrance. Despite prior incidents and requests for added security, the establishment failed to take action. Marcus suffered a traumatic brain injury and spinal injuries, requiring multiple surgeries. We filed a negligent security suit and worked with surveillance footage, eyewitness accounts, and expert testimony to hold the bar accountable. The recovery will help Marcus manage his permanent disability and lost earning capacity.

$1,680,000 Motorcycle Crash 

Steven, a 31-year-old motorcyclist, was riding near the Chicago Loop when a rideshare driver abruptly pulled over to let out a passenger. Steven crashed into the vehicle and was thrown from his bike, sustaining a mild traumatic brain injury and several broken bones. We filed suit against the rideshare company and obtained a settlement that allowed Steven to cover his medical bills, time off work, and ongoing rehabilitation after the accident.

What Makes Us the Best Brain Injury Attorneys in Chicago

At Rosenfeld Injury Lawyers, our team has recovered more than $450 million for injured victims and their families throughout the Chicagoland area. Whether you’re navigating a complex brain injury claim or pursuing justice after medical malpractice, we’re here to deliver results with integrity, skill, and compassion.

Our injury lawyers bring nearly 25 years of focused legal experience to every case. We’ve been nationally recognized by the Million Dollar Advocates Forum, Super Lawyers, and AVVO. As active members of the Illinois Trial Lawyers Association and the American Association for Justice, our legal team stays ahead of evolving laws that affect brain injury lawsuits in Illinois.

We understand how deeply a severe brain injury can affect a person’s ability to work, communicate, and enjoy life. That’s why we pursue every angle—through negotiation or trial—to get our clients the maximum compensation they deserve. 

Types of Brain Injury Cases We Handle

Most of the brain injury claims we pursue involve traumatic brain injuries (TBI) caused by an external blow, jolt, or penetrating trauma to the head. But we also represent clients suffering from acquired brain injuries (ABI) that occur after birth but aren’t caused by external force.

The severity of a brain injury plays a critical role in treatment, long-term prognosis, and the value of a brain injury lawsuit:

• Mild Traumatic Brain Injury: These injuries can still cause serious disruption in daily life, including memory loss, dizziness, emotional changes, and more. Repeated concussions raise the risk of long-term brain damage and conditions like CTE.
• Moderate TBI: Victims may lose consciousness for hours, experience long-lasting confusion or difficulty concentrating, and require extended medical treatment and time off work.
• Severe TBI: A severe brain injury can lead to a permanent disability or even death. Victims often need lifelong care and assistance with basic functions such as speech, motor skills, and mobility.

We handle all types of brain injury cases in Chicago, including:

• Concussions 
• Contusions (brain bruising)
• Diffuse axonal injury 
• Coup-contrecoup injuries
• Penetrating brain injuries 
• Brain hemorrhages and intracranial hematomas
• Hypoxia and anoxic brain injuries 
• Cerebral edema (brain swelling)
• Skull fractures
• Stroke-induced acquired brain injury
• Second impact syndrome

What Are the Most Common Causes of Brain Injury in Chicago?

Here are some of the most common causes behind the brain injury cases our Chicago personal injury lawyers handle throughout the city:

Car Accidents 

Motor vehicle accidents—especially those involving motorcycles, rideshare vehicles, or high speeds—are among the leading causes of traumatic brain injury in Chicago. Victims are often struck without warning, hitting their heads against steering wheels, pavement, or windows. Even a “mild” impact can cause a serious brain injury if the head experiences sudden acceleration or deceleration.

Fall Accidents

Fall accidents are a major contributor to brain injuries, particularly among older adults and workers in the construction and maintenance industries. From icy sidewalks to unsafe scaffolding, Chicago presents countless slip, trip, and fall hazards that can lead to concussions, axonal injury, or coup-contrecoup brain injuries.

Medical Malpractice

Our brain injury attorneys have handled cases where surgical errors, anesthesia mistakes, and delayed diagnoses caused brain damage due to oxygen deprivation or untreated swelling. These are often considered non-traumatic brain injuries, but the effects can be just as devastating. In some cases, medical negligence during childbirth leads to lifelong conditions such as cerebral palsy.

Workplace Accidents

Chicago construction zones, warehouses, and industrial sites are hotspots for head trauma. Falling tools, dropped loads, equipment malfunctions, and lack of protective gear all contribute to work-related brain injuries, many of which require claims against both employers and third parties.

What Damages Can Traumatic Brain Injury Victims Recover in Chicago?

Every case is different, but under Illinois law, victims are entitled to recover a wide range of damages, including the following.

Economic Damages

These are the measurable, out-of-pocket costs tied directly to the injury, including:

• Medical expenses – from emergency care and hospitalizations to ongoing therapies, surgeries, and medical treatment
• Medical bills related to rehabilitation, mental health services, and assistive equipment
• Lost wages – both current income and time missed during recovery
• Lost income and diminished future earning capacity due to long-term or permanent impairment
• Costs of in-home care, mobility aids, or retrofitting a home for disability access

Non-Economic Damages

These account for the personal suffering a brain injury victim endures, and are often just as significant as financial losses:

• Mental anguish and emotional distress
• Loss of enjoyment of life
• Pain and suffering (physical and psychological)
• Loss of companionship or support (in cases involving severe or fatal injuries)
• Disfigurement or permanent lifestyle changes due to serious brain injury

Punitive Damages

In cases where the defendant’s behavior was especially reckless—such as extreme medical errors or DUI crashes—we may pursue damages designed to punish the wrongdoer. While not awarded in every case, Illinois courts will sometimes award punitive damages when gross negligence or willful misconduct is involved.

What Is the Average Payout for a Brain Injury in Chicago?

The average brain injury payout in Chicago is approximately $11.6 million, with a median value of $6 million. Settlements and verdicts range from as low as $75,000 to nearly $76 million.

Many factors influence brain injury settlement amounts, including:

• Severity of the injury 
• Liability and fault 
• Medical expenses and cost of future care
• Lost wages and future earning capacity
• The emotional and psychological toll on the victim and their family

Example Cases Filed in Cook County

Birth Injury 

A Cook County jury awarded over $101 million to the family of a child who suffered permanent brain damage due to delayed delivery. The child, Gerald, was deprived of oxygen during labor and was later diagnosed with cerebral palsy, requiring full-time care. The claim was brought against multiple Chicago-area medical providers for failing to act on fetal distress warnings and improperly handling the delivery. The final structured settlement included $50 million in upfront compensation, plus lifetime medical support.

Construction Site Fall 

Ronald Bayer, an ironworker, fell from scaffolding at a DeKalb warehouse project and suffered a traumatic brain injury along with paralysis from the chest down. The jury found the general contractor 80% liable for failing to enforce proper safety protocols and awarded Bayer $80 million. Damages covered extensive medical costs, future lost earnings, pain and suffering, and the permanent impact on Bayer’s life. The verdict reinforces how construction negligence can lead to devastating head injuries.

Scaffolding Collapse 

A fatal scaffolding collapse near the John Hancock Building killed two women and injured several others, including Peggy Whitaker, who sustained a traumatic brain injury and later died after years of medical complications. A wrongful death and brain injury lawsuit was filed against multiple companies, including the building manager and contractors. The total settlement exceeded $75 million, with $26 million allocated to the architectural and engineering firms involved. 

Highway Crash 

Zachary Yoder, a young boy, suffered a severe traumatic brain injury after a multi-vehicle pileup on I-90 during a snowstorm. His family’s SUV collided with a semi-truck operated by a company based in Chicago, and Zachary was left with permanent impairment and lifelong care needs. The jury awarded more than $38 million in total damages, including over $14 million in projected lifetime medical costs. 

Why You Need a Brain Injury Attorney

Personal injury cases involving brain injury are complex, high-stakes, and often hotly contested by every involved insurance company. Our experienced attorneys understand how to prove the full extent of a brain injury, especially with no immediate symptoms. 

Our Chicago brain injury attorneys work with neurologists, neuropsychologists, and other medical professionals to build airtight cases that show exactly how the injury happened, what kind of care will be required, and how your life has changed as a result.

These lawsuits also require an in-depth understanding of local courts, rules of evidence, and legal precedent. As seasoned trial lawyers, we routinely litigate cases in Cook County Circuit Court, and we’re familiar with how local judges and defense teams operate. 

What Are the Statistics of Traumatic Brain Injury in Illinois?

In 2021 alone, nearly 30,000 people in Illinois sustained a TBI, and over 7,800 were hospitalized with one. According to state public health data:

• 2,780 people in Illinois died due to traumatic brain injuries in a single year.
• 19,111 more were treated in emergency departments and released.
• Falls were the leading cause of brain injury hospitalizations (35.8 per 100,000 people).
• Motor vehicle accidents were responsible for over 27% of TBI hospitalizations.
• Among children in Illinois, TBI made up nearly 9% of all injury-related ER visits, second only to falls.

In 2024 alone, at least 23 reported OSHA cases in the Chicago region involved head trauma, brain injury, or fatal falls where a TBI was suspected. The most common cause was falling from heights such as roofs, scaffolding, ladders, and stairs.

Where Do Brain Injury Accidents Occur Most Often in Chicago?

In Chicago, brain injuries most commonly occur in high-risk areas like construction zones, commercial rooftops, and dense urban roadways. We’ve handled brain injury cases across the city involving:

• Downtown high-rise job sites with scaffold and ladder falls
• Residential roofing projects on the South and West Sides
• Stairwell and hallway falls in apartment buildings and delivery routes
• Major intersections like Western & Fullerton, Cicero & Roosevelt, and Damen & 95th
• I-55, I-90, and Lake Shore Drive, where high-speed motor vehicle accidents often lead to head trauma

What Laws Govern Brain Injury Claims in Chicago?

Pursuing a brain injury lawsuit in Chicago means navigating a complex legal framework of local, state, and federal laws.

Illinois Premises Liability Act (740 ILCS 130/) – This statute governs the legal responsibilities of property owners and occupiers. It’s central to accidents due to unsafe conditions, poor maintenance, or inadequate lighting.

Illinois Vehicle Code (625 ILCS 5/) – Covering speed limits, right-of-way, and driver responsibilities, this law is foundational for motor vehicle accident cases involving TBIs from car, truck, or rideshare crashes.

Workers’ Compensation Act (820 ILCS 305/) – For brain injuries on the job, this act provides benefits like medical coverage and lost wages, even if the employer wasn’t negligent. 

While OSHA regulations don’t create direct civil liability, they’re vital for proving negligence in construction-related TBIs. Key standards include:

• 29 CFR 1926.501 – Fall protection
• 29 CFR 1926.451 – Scaffold safety
• 29 CFR 1926.1053 – Ladder safety
• 29 CFR 1910.135 – Head protection (PPE requirements)

Healing Art Malpractice Statute (735 ILCS 5/2-622) – This law requires an affidavit and written expert opinion to initiate a brain injury lawsuit related to misdiagnosis, surgery errors, anesthesia errors, or other medical malpractice.

Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/) – Allows parties found partially at fault in a lawsuit to seek proportional contribution from other responsible defendants; critical in cases involving multiple liable parties, such as a medical provider and a product manufacturer, or multiple contractors on a job site.

Case law also plays a role. Lebron v. Gottlieb Memorial Hospital is a landmark Illinois Supreme Court decision involving a newborn who developed cerebral palsy due to oxygen deprivation during delivery at a Chicago-area hospital. Although the key holding of the case dealt with the constitutionality of damage caps in medical malpractice cases (which were ultimately struck down), the court acknowledged the devastating, long-term nature of brain injuries and affirmed the plaintiff’s right to full compensation without arbitrary limits.

How Long Do Victims Have to File a Brain Injury Lawsuit in Illinois?

Under 735 ILCS 5/13-202, you typically have two years from the date the injury occurred to file a personal injury claim. This applies to most traumatic brain injury cases caused by car accidents, premises liability, and workplace incidents (outside of workers’ comp claims)

If your brain injury happened on the job, Illinois law requires you to file your claim within three years from the date of injury, or two years from the last payment of compensation, whichever is later.

For brain injuries caused by medical malpractice, under 735 ILCS 5/13-212, you have two years from the date you knew (or reasonably should have known) about the injury. No more than four years can pass from the date the malpractice occurred, regardless of when it was discovered. For minors, the deadline is eight years from the date of the incident, but no later than the child’s 22nd birthday.

Who Is Legally Liable for Brain Injury Accidents in Chicago?

At Rosenfeld Injury Lawyers, we investigate every angle to hold the right parties accountable, which may include:

• Drivers & Vehicle Owners – In car accidents, rideshare crashes, or truck collisions, the at-fault driver and their insurance company may be responsible. 
• Property Owners – Landlords, businesses, and even the City of Chicago can be held liable for unsafe conditions.
• Employers & Contractors – Besides workers’ comp, we pursue third-party claims against contractors, site supervisors, or equipment providers.
• Medical Providers – In cases involving medical negligence, hospitals, doctors, and nurses can be liable.
• Product Manufacturers – Defective equipment, helmets, or recreational vehicles can cause or worsen a brain injury, opening the door to product liability claims.

Common Defenses in Chicago Brain Injury Cases

Defendants in brain injury claims often rely on strategic defenses to reduce or avoid liability.

The defense may argue that the injured person was partially or primarily at fault for the incident. Under 735 ILCS 5/2-1116, this can reduce or bar recovery depending on the percentage of fault. Our team builds strong factual records to demonstrate that our client’s actions did not contribute to the injury.

Brain injuries, particularly mild or moderate TBIs, may not show up on initial imaging. Defense teams often claim there is no “proof” of injury. We work closely with neurologists and neuropsychologists to validate cognitive impairments through clinical testing and long-term documentation.

Defendants may argue that the brain injury or related symptoms stem from a pre-existing medical issue. We counter this by showing how the incident either caused the condition or significantly worsened it, using medical history and expert review.

In cases involving contact sports or recreational activities, the defense may claim the injured party knowingly accepted the risks. We focus on failures in supervision, inadequate safety measures, or lack of informed consent to overcome this argument.

Another common strategy is to argue that the defendant’s conduct did not directly cause the brain injury. We use detailed timelines, witness statements, and expert causation analysis to establish a clear link between the negligent act and the resulting harm.

How to Strengthen Your Brain Injury Case in Chicago

The outcome of a brain injury lawsuit often depends on what you do in the hours, days, and weeks after the injury occurs.

Even if symptoms seem mild, immediate medical attention is critical. Some brain injury symptoms—like confusion, memory loss, or dizziness—may not appear right away but can worsen over time. Timely diagnosis also provides essential documentation for your case.

Missed appointments or non-compliance with treatment plans can be used against you by the defense. We advise our clients to stay consistent with medical treatment, therapy, and follow-up evaluations to demonstrate the seriousness of the injury.

Keep a record of how the injury occurred, your symptoms, emotional changes, daily struggles, and out-of-pocket costs. We also recommend saving medical records, bills, prescriptions, and employment documents related to lost earnings.

The insurance company may attempt to settle quickly or get you to say something that harms your claim. Let us handle all communication to protect your rights and position your case for full value.

Contact an experienced brain injury attorney. Our legal team builds your case with the support of medical professionals, expert witnesses, and trial-ready evidence.

How Our Chicago Brain Injury Attorneys Can Help

Our personal injury attorney team is here to manage every aspect of your case while you focus on recovery. We will:

• Gather evidence from accident reports, witnesses, and surveillance to prove how the client’s injury occurred.
• Collaborate with neurologists and life care planners to document the full impact of your brain injury, including future care needs and permanent impairment.
• Deal directly with the insurance company and other parties to protect your rights and maximize your recovery.
• Present your case in court if a fair settlement isn’t possible.

FAQs

Who can file a lawsuit following a severe traumatic brain injury?

A person who suffers the injury can file a claim. If the victim is incapacitated, a legal guardian or family member may file on their behalf. In cases involving minors or those with permanent impairment, long-term legal authority may be required. If the brain injury results in death, the surviving spouse, children, or next of kin may file a wrongful death claim under Illinois law.

How much do personal injury lawyers charge for brain injury cases in Chicago?

Our Chicago personal injury lawyers work on a contingency fee basis. You pay nothing up front, and we only get paid if we recover compensation for you.

Can I recover lost income if I was partially to blame for the accident?

Yes. Under Illinois law, you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced in proportion to your share of responsibility.

What evidence do I need to support my claim?

Strong brain injury cases include medical records, expert evaluations, documentation of lost wages, photos, incident reports, and witness statements.

What are the signs and symptoms of a brain injury?

Common brain injury symptoms include confusion, memory loss, headaches, dizziness, nausea, difficulty concentrating, and mood changes. Some appear immediately, while others develop over time.

How long does a traumatic brain injury case take to resolve?

Many cases settle within 6 to 18 months, but complex claims involving severe traumatic brain injury, disputed liability, or medical malpractice may take longer. Each case timeline varies depending on facts and recovery needs.

Consult a Chicago Brain Injury Lawyer Near You

If you or a loved one has suffered a brain injury in Chicago, our firm is here to help. At Rosenfeld Injury Lawyers, we offer a free consultation, and you pay nothing unless we win your case. Contact us today to schedule your free consultation.

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.