Chicago Traumatic Brain Injury Claims: Legal Options After a Serious Head Injury

Chicago Traumatic Brain Injury Claims: Legal Options After a Serious Head Injury

Reviewed for legal accuracy by Murphy Carter Gilbreth & Enright Ltd., Chicago Catastrophic Injury Attorneys

A traumatic brain injury can change a life in seconds. These injuries frequently occur in vehicle crashes, dangerous property conditions, construction accidents, and other serious incidents. What makes brain injuries especially challenging is that symptoms are not always immediately obvious.

Many people leave an accident believing they are simply shaken up. Hours or days later, they may begin experiencing headaches, memory problems, confusion, dizziness, personality changes, or difficulty concentrating. Because the brain controls nearly every function of the body, even a moderate injury can affect work, relationships, and daily independence.

When a brain injury occurs because of someone else’s negligence, Illinois law may allow injured individuals to pursue compensation for medical treatment, lost income, and the long-term consequences of the injury.

This guide explains what Chicago residents should understand about traumatic brain injury claims, including symptoms, long-term impacts, how Illinois law handles these cases, and when it may be appropriate to speak with a Chicago brain injury lawyer.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when a sudden impact or force disrupts normal brain function. TBIs range from mild concussions to severe injuries involving bleeding, swelling, or permanent neurological damage.

Medical professionals generally classify TBIs into three categories.

Mild Traumatic Brain Injury (Concussion)

A mild TBI may cause headaches, dizziness, confusion, fatigue, or difficulty concentrating. Loss of consciousness is not always required for a concussion diagnosis.

Moderate Traumatic Brain Injury

Moderate TBIs may involve longer periods of confusion or unconsciousness and can lead to more noticeable cognitive or neurological impairment.

Severe Traumatic Brain Injury

Severe TBIs can result in extended unconsciousness, significant neurological damage, and long-term disability requiring ongoing medical care.

Common Causes of Brain Injuries

Traumatic brain injuries can occur in many types of accidents. Common causes include:

• Motor vehicle accidents

• Slip and fall incidents

• Negligent property maintenance (unsafe premises conditions)

• Construction and workplace accidents

• Pedestrian collisions

• Bicycle accidents

In a major city environment with heavy traffic, active construction, and dense pedestrian areas, serious head injuries can occur in a wide range of everyday situations.

Symptoms of a Traumatic Brain Injury

Symptoms may appear immediately after an accident or develop gradually over time.

Common symptoms include:

• Headaches

• Dizziness

• Nausea

• Confusion

• Sensitivity to light or sound

• Difficulty concentrating

• Memory problems

• Fatigue

More severe brain injuries may cause:

• Repeated vomiting

• Seizures

• Slurred speech

• Loss of coordination

• Worsening confusion

Anyone experiencing neurological symptoms after an accident should seek medical evaluation as soon as possible.

Long-Term Effects of Brain Injuries

The long-term effects of traumatic brain injuries vary depending on the severity of the injury and the individual’s health.

Possible lasting impacts may include:

• Memory loss or cognitive impairment

• Personality or mood changes

• Emotional instability

• Reduced concentration and attention

• Speech or communication difficulties

• Challenges returning to work

Many individuals with mild traumatic brain injuries begin to recover within a few weeks, while others may experience symptoms for months. Moderate and severe brain injuries may require long-term rehabilitation or ongoing medical care. In the most severe cases, brain injuries may lead to wrongful death claims brought by surviving family members.

Factors That Affect the Value of a Chicago Brain Injury Claim

No two brain injury cases are exactly the same. The potential value of a claim depends on several factors.

Medical Expenses

Brain injury treatment may include emergency care, hospitalization, neurological testing, rehabilitation, therapy, and medication.

Future Medical Needs

Some individuals require ongoing therapy, cognitive rehabilitation, or long-term medical supervision.

Lost Income

Brain injuries may affect a person’s ability to return to work or maintain the same earning capacity.

Liability

The strength of the evidence showing negligence plays a major role in determining case value.

The Legal Process for Brain Injury Claims in Illinois

Although every case is different, many brain injury claims follow a similar legal process.

Medical Treatment and Documentation

Seeking prompt medical care helps protect health and creates important documentation about the injury.

Investigation

Evidence may include accident reports, photographs, surveillance footage, witness statements, and expert evaluations.

Filing the Claim

In Illinois, most personal injury lawsuits must be filed within two years of when the claim accrues (735 ILCS 5/13-202). In many cases, this is the date of the injury, but Illinois law may apply a discovery rule, meaning the timeline can begin when a person knew or reasonably should have known of the injury and that it may have been wrongfully caused.

Different timelines may apply in certain situations. Claims involving minors may be subject to tolling. Claims against local public entities or employees, such as a city or municipality, may be subject to a shorter one-year deadline under Illinois law.

Negotiation or Litigation

Some cases resolve through insurance negotiations, while others proceed to litigation if liability or damages are disputed.

Types of Compensation Available in Brain Injury Cases

Illinois law allows injured individuals to seek compensation for both financial losses and personal harm.

Economic Damages

These may include:

• Medical expenses

• Rehabilitation costs

• Lost wages

• Reduced earning capacity

• Future medical care

Non-Economic Damages

These may include:

• Pain and suffering

• Emotional distress

• Loss of normal life

• Disability-related lifestyle changes

Illinois currently does not have a generally applicable statewide statutory cap on non-economic damages in most personal injury cases, although courts may review damages based on the specific facts of a case.

Choosing the Right Chicago Brain Injury Lawyer

Traumatic brain injury cases can be medically complex and often require expert testimony and detailed documentation of long-term effects.

When evaluating an attorney, it may be helpful to consider experience handling catastrophic injuries, access to medical experts, and the ability to manage complex litigation.

Murphy Carter Gilbreth & Enright Ltd. represents individuals and families dealing with serious injuries throughout Chicago and Illinois.

Frequently Asked Questions

How long do brain injury cases take?

The timeline varies depending on the severity of the injury, the clarity of liability, and whether litigation becomes necessary.

Can I still recover compensation if I was partly at fault?

Possibly. Illinois follows a modified comparative negligence rule. An injured person may recover damages as long as they are not more than 50 percent at fault, though any recovery is reduced by their percentage of fault.

Are delayed symptoms common after a concussion?

Yes. Some traumatic brain injury symptoms can appear hours or even days after an accident.

Is a concussion considered a traumatic brain injury?

Yes. A concussion is generally classified as a mild traumatic brain injury.

Contact a Chicago Brain Injury Lawyer

If you or a loved one suffered a traumatic brain injury after an accident in Chicago, understanding your legal options may help you plan your next steps.

You may contact Murphy Carter Gilbreth & Enright Ltd. at 312-541-9700 to discuss your situation.

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case must be evaluated individually based on its specific facts. Prior results do not guarantee a similar outcome.