Chicago Traumatic Brain Injury Lawyer

Chicago Traumatic Brain Injury Lawyer | TBI Attorney in Cook County at Kramer Injury Law LLC

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Our attorneys are passionate about representing clients who’ve suffered traumatic brain injury (TBI) as a result of negligence or an accident. Call now (312) 775-1012 for a FREE consultation.

Chicago Traumatic Brain Injury (TBI) Lawyer

 

Traumatic brain injury often causes lasting cognitive and mental issues. As advanced as our society has gotten in medicine, research has only recently begun to uncover the impacts of even mild TBI.

The lawyers at Kramer Injury Law are passionate about helping individuals and families affected by traumatic brain injury. If you’ve been affected by TBI because of someone else’s negligent or reckless behavior, our experienced attorneys can help.

Even after major accidents, traumatic brain injuries often go overlooked and undiagnosed. If you arrive at the emergency room without obvious symptoms like active brain hemorrhaging or hematoma from a brain bleed, coma, or other vegetative impairment, your TBI will likely be left untreated. Many emergency room doctors rely on follow-up appointments with primary care physicians to identify and treat any ongoing cognitive impairment you may have.

Unfortunately, with everyone’s busy lives and without obvious symptoms, you may end up with a traumatic brain injury that doesn’t get addressed until it becomes a much bigger problem. At that point, your life and mental state could be profoundly affected by your injury.

In fact, up to 50% of all concussions go undiagnosed after the injury.

MRI technology has only recently been able to see finely enough to detect micro-hemorrhaging. As a result, medical researchers have only just found that nearly every whiplash incident causes some minor brain damage. If you experience loss of consciousness or a diagnosable concussion, you should definitely receive neuro-rehabilitative treatment.

But medical treatment is expensive and you’ve already got a lot on your plate.

It can be hard to prioritize your health. But with a TBI, medical attention is critical.

Our Chicago personal injury law firm can help you get the medical treatment you need and hold the responsible party accountable. If your TBI was caused by someone else, you could have a personal injury lawsuit for damages against them or their employer.

A personal injury settlement can help you cover the costs of your medical treatment and any other expenses you and your family have suffered since your injury.

At Kramer Injury Law, we know that a traumatic brain injury needs to be taken seriously, even if you feel “fine.” We know that you might be struggling – we’re here to lessen the load, not add to it. Because of this, we take TBI cases on a contingency fee basis.

With a contingency fee, you don’t pay our firm until we recover compensation for you. You can focus on your health while we work passionately to uphold your rights under the law.
Call our Chicago and Cook County personal injury offices today at (312) 775-1012 for a free consultation of your case with our expert legal team.

Common Types of Traumatic Brain Injuries

Traumatic brain injuries occur when the neurons, veins, or arteries in your brain is damaged. A traumatic brain injury occurs whenever your head is struck with enough force. Traumatic brain injury can also occur when your head “whips” in an accident, causing the brain to strike the inside of your skull with too much force. TBIs range in severity from concussion to even coma or death. But even “simple” or “mild” concussions can have major health effects.

  • Penetrating injuries or “open” TBIs involve a foreign object piercing the brain.
  • Non-penetrative injuries or “closed” TBIs happen when an outside force makes the brain move within the skull, damaging brain tissue, which can be a result of something striking the cranium or rapid head movements like those that cause whiplash

Although concussions are a common form of traumatic brain injury, other TBIs include:

  • Diffuse axonal injuries that tear the brain’s connective nerve tissue
  • Hemorrhage of blood in the brain
  • Bruising, contusion, or hematoma of the brain
  • Coagulated blood from brain bleeds
  • Lesions on the brain caused by inflammation or destruction of brain cells
  • Skull fractures

The brain is possibly the most complex organ you have, responsible for regulating your entire body. Research into traumatic brain injury is just beginning to understand the long term effects of even minor impacts. Getting examined by a medical professional is the first step to understanding the severity of your injury.

Common Causes of Traumatic Brain Injury

You may take all the precautions possible to protect your health and still get injured. A helmet or seat belt can protect you from a worse outcome but even with protection, you can get hurt.

Your traumatic brain injury could have been caused by:

  • A bicycle accident, car accident, or truck accident
  • Sports injuries, especially in high-impact activities
  • Slip and fall accidents on government or private property
  • Getting hit by falling objects
  • A physical assault or an explosion

If your injury was caused by someone else, either through negligence, recklessness, or malicious intent, you have the legal right to hold that person responsible for harming you.

When the law holds someone liable for the harm they’ve caused another person, it works to make the injured party “whole” again, as if the harm never happened. This is achieved through monetary compensatory damages paid for by the party at fault through civil litigation.

While damages cannot undo your injury, they can help you cover:

  • The cost of your medical treatment past, present, and future
  • Any income you’ve lost or will lose as a result of your injury affecting your ability to work
  • Your pain, emotional suffering, and mental anguish
  • Loss of normal life or disability caused by your injuries

A personal injury lawsuit involves filing a civil claim in civil court. You must prove your claims to the judge or jury assigned to your case with evidence of your accident and its probable cause.

Our lawyers can help you gather the evidence you need to prove your case. The stronger your body of evidence, the more likely you are of getting a pre-trial settlement. The earlier you get an attorney involved, the better your overall outcome.

What Are the Symptoms and Complications of TBI?

Because your brain’s function is so important, even a mild traumatic brain injury can affect your health both physically and psychologically. Sometimes the effects are lifelong or get worse over time.

TBI can be especially alarming if you or your loved ones start noticing changes to your personality. You may become depressed, anxious, or quick to anger. You may personally not even realize the difference since your mental cognition is impaired.

Symptoms of a traumatic brain injury could include:

  • Losing consciousness for any length of time, no matter how short
  • Trouble speaking, pronouncing words, remembering, or understanding others
  • Nausea, drowsiness, blurred vision, or dizziness
  • Sudden headaches or problems concentrating
  • Vertigo or issues with losing your balance
  • Mood swings or unusual behavior
  • Forgetfulness, irritability, or restlessness
  • Seizures or unusual eye movements
  • Light sensitivity, photo phobia, seeing flashing lights, or tinnitus (ringing in the ears)
  • Muscle weakness, trouble breathing, coma, or death

In addition, if you’ve suffered one concussion, that puts you at a higher risk of experiencing another, especially within the first 10 days after your injury. Repeated brain injury could cause second-impact syndrome or prolonged concussion symptoms, both of which seriously increase the danger of permanent brain damage or even death.

Some patients also experience post-concussive syndrome, suffering concussion symptoms months after their injury. These types of injuries need long-term management.

Special MRI scans can help diagnose the type of injury you’re dealing with.

  • Brain lesions can show up months or even years after an injury causes bruising.
  • Micro-hemorrhages appear as small black dots in the brain’s white matter.
  • Brain scans often show areas in the brain dedicated to memory and attention become less active immediately after the injury, then overactive months or years later.

Brain injuries can be frightening, but you’re not alone. The lawyers at Kramer Injury Law can help you access the resources you need to get better.

Call our Chicago office now at (312) 775-1012 to get started on your case or request a free case evaluation online.

Types of Damages Awarded in Traumatic Brain Injury Cases

Even a mild traumatic brain injury can cause major expenses and losses to pile up in your life. The point of filing a TBI lawsuit is to “make you whole” for these losses as if your injury never happened. The law tries to do this with monetary damages.

Of course, money can’t undo everything. Some losses simply cannot be undone. But a personal injury lawsuit can help offset the new challenges in your life caused by your injury.

Personal injury lawsuits in Illinois can result in three types of damages:

  • Economic or “compensatory” damages – Compensatory damages compensate you directly for the actual economic costs and expenses you’ve suffered because of your injury. This includes full or partial reimbursement for medical bills, the costs of long-term care, or any income you’ve lost (both past and future) as a result of no longer being able to perform your job because of your injury.
  • Pain and suffering and other non-economic damages – Physical injuries often result in non-economic suffering as well, especially traumatic brain injuries because of the profound effect they can have on your personality, everyday life, and relationships. The law actually considers the mental and emotional toll of your injury when calculating damages, such as any psychological distress, long-term disability, additional medical risks, loss of enjoyment of life, or lower expected lifespan. All of which can be common symptoms and effects of traumatic brain injuries.
  • Punitive damages – Sometimes, the party responsible for your injury has acted in such a way that a judge or jury may decide a punishment is necessary. Punitive damages can come into play if your injury is caused by someone’s reckless, intentional, malicious, or extremely negligent actions. Punitive damages are less about you and more about deterring the responsible person or anyone else from acting in a similar way again.

In Illinois, you can get punitive damages if the party responsible for your injury acted with “an outrageous disregard or indifference” to the well-being or lives of others.

At Kramer Law, our attorneys have collected millions of dollars in damages for our TBI clients. The amount of damages you can expect depends on the facts of your case. The only way to accurately determine how much you can expect is to talk to an Illinois personal injury lawyer.

To help determine your damages, our lawyers can help you document and prove the “nature, extent, and duration” of your traumatic brain injury and the effects it’s had on your life.

The Legal Process in Chicago After a TBI

Your traumatic brain injury case may or may not go to trial. However, at Kramer Injury Law, our attorneys will prepare your case as if it will go to trial from the beginning.

Even if your case never goes to trial, any settlement negotiation will be based on what you can expect to get if your claims were to end up in court. As a result, the stronger your case is at the start, the better your position will be for trial or settlement negotiations.

Our legal team can help you present your best case throughout the entire process of your injury claim. Call our Chicago area offices now at (312) 775-1012.

Personal injury cases rely heavily on facts. The most important part of your personal injury claim is your ability to prove the “nature, extent, and duration” of your TBI.

In order to prove your traumatic brain injury, you must document your injury and its effects on your life in detail. Getting medical attention for your TBI is the first step in this documentation process. Medical treatment is not just important for your health, it’s also critical to your case.
You must be able to establish:

  • The severity and type of your traumatic brain injury
  • What type of medical treatment your TBI requires
  • That your TBI was actually caused by the other party
  • The extent of your pain, suffering, disability, or loss of life enjoyment

Traumatic brain injury documentation could include:

  • Medical tests such as MRI, X-Ray, CAT, or CT scans
  • Documentation of all the medical appointments you’ve had to attend
  • Photos, videos, or eyewitness accounts of the incident that caused the injury
  • If your TBI happened because of a traffic accident, a police report of the scene
  • Testimony from accident reconstruction experts
  • Your own testimony as to the accident or your injuries
  • Expert testimony from neurologists, treating physicians, and medical professionals
  • Evaluation by a speech pathologist as to your language skills
  • Neuropsychological tests to determine your cognitive abilities
  • Intracranial pressure (ICP) monitoring of the inside of your skull
  • Testimony from a psychologist or mental health professional about your state

Because the brain is so complicated, your TBI case can also become quite complex.

The lawyers at Kramer Injury Law are passionate about protecting clients who are victims of traumatic brain injuries. We have the legal expertise to take your TBI case from zero to a settlement or judgment that can support you and your family moving forward.

A negotiated pre-trial settlement agreement is a way to resolve your TBI case without having to go to trial. Because a negotiated settlement concludes your case quicker and with fewer resources than going to trial, Illinois law encourages these types of agreements.

Coming to a satisfying settlement agreement involves sitting down and negotiating with the person or people responsible for your traumatic brain injury. You may be up against a single person or the company they work for. You may also go up against their insurance companies.
You could negotiate a settlement in between several weeks to a few months. But it’s important that you don’t just take any settlement offer given to you.

Whoever caused your traumatic brain injury may not want to take responsibility. They may try to get away with a quick but low settlement offer to get rid of your case. Insurance companies especially want to pay out only as much as they absolutely have to. But traumatic brain injuries often require years or a lifetime of care. It’s not fair for the responsible party to get off the hook when you have to deal with your TBI for potentially your whole life.

Going up against a large company can feel daunting. That’s where the attorneys at Kramer Injury Law come in. We take on bad actors and hold them responsible for your injuries, no matter how many lawyers they may have on their payroll.

Having Kramer Law on your side of the negotiation table signals to insurance companies that they are in for a fight. We level the playing field for you when the odds seem overwhelming. You can trust our legal team to represent your best interests during settlement negotiations.

Sometimes, you simply cannot come to an agreement in settlement negotiations. When you and the responsible party cannot agree on a settlement, your dispute will go to civil court.

At trial, a judge or jury will determine:

  • The extent of your traumatic brain injury and its effects on your life,
  • Who is responsible for causing your injury, and
  • How much that party should compensate you to make you whole.

Going to trial could be an intimidating prospect. Fortunately, the legal team at Kramer Injury Law can handle the process for you, from gathering evidence to calling witnesses and cross-examination. Our lawyers shine in the courtroom as much as at the negotiation table.

Contingency Fee Arrangements in TBI Lawsuits

When you’re dealing with a traumatic brain injury, you’ve already got enough on your plate. You deserve justice and just compensation. Right now, you shouldn’t have to worry about whether you can even afford a lawyer to fight for your rights.

At Kramer Injury Law, our lawyers believe that you deserve the best representation you can get. We are here to fight for you, and we don’t take any legal fees until we win for you.

Under a contingency fee arrangement, our legal team only gets paid if you get damages. You’re already dealing with medical bills, treatment costs, and possibly a loss of income. We’re not here to add to that load. We’re here to help take the load off your shoulders.

Your consultation is also free. Call us now to get started at (312) 775-1012.

Frequently Asked Questions About Traumatic Brain Injuries

A traumatic brain injury is a frightening diagnosis, whether the injured person is you or your family member. You might have a difficult time figuring out who to trust or how to proceed. You may have a thousand questions and no idea where to begin.

The lawyers at Kramer Injury Law are here to answer your question for you. Below are general frequently asked questions we see regarding TBI cases. if you have specific questions about your own case, the only way to answer them would be a consultation call with our lawyers. For questions regarding your own personal case, call us now at (312) 775-1012.

Is It Worth Getting a Personal Injury Lawyer for Your TBI?

Yes. When it comes to traumatic brain injury cases, your lawyer is your best advocate. Research has shown that having a lawyer can help resolve personal injury cases with three times as much in damages compared to cases without legal representation.

Traumatic brain injuries are complex and your case can get complicated. You should not accept or sign a settlement offer until you’ve had the chance to talk to a lawyer about your legal options. If you don’t talk to a lawyer before accepting a settlement, you may be signing away your legal rights for a fraction of what you’re actually owed. And once you sign the settlement, you might lose the right to sue again in the future.

One issue with traumatic brain injuries is that they often go undiagnosed and have lifelong effects. So if you sign a settlement without investigating the true extent of your injury and what it’s going to cost you moving forward, you could be leaving a lot on the table.
When you work with the lawyers at Kramer Injury Law, we’ve got your back.

When Should You Call an Attorney About Your TBI?

As soon as possible is best. You want to start documenting your injury early.

The Illinois statute of limitations for personal injury lawsuits is 2 years. That means you must file your lawsuit within 2 years of either the date of your injury or the date you should have known about your injury. This is because some traumatic brain injuries are latent, meaning they don’t become apparent until weeks, months, or even years after the initial injury.

If you don’t file your lawsuit within the Illinois statute of limitations, you could lose the legal right to pursue your claim for damages forever.

When you work with our lawyers at Kramer Injury Law, we not only help you with the legal process, but we can help guide you towards the medical attention you need. And getting medical treatment establishes a paper trail proving the details of your injury.
Your consultation is free. Call us now at (312) 775-1012.

How Do You Prove Traumatic Brain Injury?

The most important evidence to prove your TBI case is your medical record. When you get medical treatment, you start a paper trail documenting the details of your injury. Your medical files will play a significant role in establishing the extent of your injury.

Our lawyers can help you build and prepare your strongest case with the most compelling evidence we can present. That might include:

  • Medical scans, charts, test results, and doctor’s notes
  • Testimony from your treating doctors or other medical staff
  • Expert testimony from traumatic brain injury professionals
  • Your own personal testimony about your experience
  • Psychological and mental health evaluations

Fortunately, you don’t have to do all of this alone. The attorneys at Kramer Injury Law are well experienced in traumatic brain injury cases specifically. We have the expertise to help you navigate your injury and the legal process.

How Much Is a Traumatic Brain Injury Lawsuit Worth?

At Kramer Injury Law, we’ve won settlements and judgments from hundreds of thousands to millions of dollars for our clients. It’s impossible to determine how much your specific lawsuit may be worth without considering the details of your case.

Whatever damages you get will depend on the nature, extent, and duration of your injury. You can generally expect more in damages if:

  • ● Your injury is severe, life-altering, or comes with major health complications
  • ● You have major mobility or communication challenges as a result of your injury
  • ● Your traumatic brain injury lowers your life expectancy
  • ● You can expect to live with the effects of your injury for years or even your whole life
  • ● Your TBI makes you unable to perform the work you were doing before
  • ● Your injury was caused by someone’s reckless or extremely negligent behavior

Damages will also cover the costs of your medical treatment.

Call the experienced TBI lawyers at Kramer Injury Law at (312) 775-1012 to get a better idea of what your personal injury lawsuit might be worth.

Can You Get Damages if You Were Partly at Fault in Your Injury?

Yes, but only if you were less than 51% at fault for your injury.

Illinois is a comparative negligence state, which means your damages will be reduced by the amount of your own fault. So if you’re 35% at fault, you will receive 35% less damages.

Determining fault is a critical part of proving who is responsible for your injury. Because TBI cases are so complex, determining fault might require expert witness testimony.

What Happens if You Don’t Accept a Settlement?

Ultimately, the choice of whether or not to agree to a settlement offer is yours. Your lawyers can advise you on your options but you make the final decision. If you refuse a settlement offer, you can respond with a counteroffer.

If for some reason you and the party responsible for your injury are unable to come to a settlement agreement, your personal injury lawsuit will go to trial. But even if you go to trial, you can accept a settlement offer up until the court makes its own judgment.

What Is Fair Compensation for Pain and Suffering From a TBI?

Pain and suffering fall under non-economic damages, making it more difficult to value with a number. However, courts look at several factors to determine pain and suffering damages.

If your traumatic brain injury has caused…

  • Significant medical care to help recover from your injury
  • Decreased mobility or functioning in your everyday life or job
  • Long-lasting or permanent harm to your health, mental state, or cognition
  • Worsening of a pre-existing condition
  • Increased risk of health complications in the future
  • Any pain, discomfort, or mental distress
  • Depression or loss of enjoyment of life
  • Trouble speaking or communicating

Then you can get pain and suffering damages to compensate you for what you’ve gone through. The amount of damages will depend on the severity and scope of your suffering.

How Can You Prove Pain and Suffering Linked to Your TBI?

To get non-economic damages, you must prove your pain and suffering. But how?
Your own testimony or the testimony of your doctors can help establish your pain and suffering. You can also use the following types of evidence as proof:

  • Documentation of your medical diagnosis
  • Bills from medical treatment, physical therapy, or rehabilitation appointments
  • Health care records from your mental health provider or therapist
  • Medications prescribed to treat pain, depression, or anxiety

Unfortunately, a traumatic brain injury can affect your life in many ways. The effects of a TBI can hurt your mobility, cognitive ability, mental health, income, and family life.

Fortunately, you don’t have to deal with your TBI alone. Our lawyers are here to help.

How Can Our Personal Injury Lawyers Help You?

At Kramer Injury Law, we are experts in traumatic brain injury cases. We not only get our clients the compensation they deserve, we also help them get their lives back on the right track.

You shouldn’t have to suffer because of someone else’s mistake or negligence. You deserve just compensation under the law and our lawyers are here to fight for you.

Being diagnosed with a TBI can be frightening, but you’re not alone. Our capable legal team can help you successfully navigate the new challenges in your life.

Call our Chicago and Cook County offices now for your free consultation at (312) 775-1012. We take TBI cases on a contingency fee basis, so you don’t pay until we recover for you.

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