Common Causes of Head and Brain Injuries and Liability

Head and brain injuries are among the most severe and life-altering injuries a person can suffer. If you suffered from a head or brain injury in Illinois that was caused by someone else, you can seek compensation through a personal injury claim against the at-fault party.

Personal injury claims hold negligent parties liable for the harm their actions caused and offer victims a path forward. Due to the nature of your injury, you may be unable to work or have medical bills piling up. The compensation you receive from a successful claim can ease the financial burden your injuries place on you and your family. A Chicago personal injury lawyer can help you with your claim.

Incidents Resulting in Head and Brain Injuries

A wide variety of incidents can result in head and brain injuries, including those caused by negligence and intentional actions. Some of the most common causes of head injuries include:

• Slip-and-Falls – Slip-and-fall accidents are a leading cause of head injuries. Hazardous conditions such as wet floors, icy sidewalks, uneven surfaces, and poorly maintained staircases can lead to these accidents. If you suffer a brain injury due to a slip-and-fall, such as if your head strikes the ground, you may be able to file a premises liability personal injury claim against the property owner for their negligence.
• Vehicle Accidents – Motor vehicle accidents are significant contributors to head and brain injuries. The force of the collision can cause your head to hit the steering wheel, dashboard, or windows, causing a traumatic injury. In a car accident, the driver who caused the crash may be liable for your injuries.
• Sports Injuries – Contact sports like football, soccer, and hockey have increased rates of head and brain injuries, such as concussions and traumatic brain injuries. Depending on the circumstances of your injury, you may be able to file a suit against the person who hit you or the manufacturer of the helmet that failed to protect your head.
• Assaults – Intentional acts of harm, like physical assaults and domestic violence, can lead to severe head injuries. Your attacker does not need to have been found guilty in a criminal trial for you to file a personal injury lawsuit against them for the harm they caused.

Traumatic Brain Injuries

Traumatic brain injuries (TBI) are among the most serious kinds of head injury. They occur when the force of an object impacting or penetrating the skull damages brain tissue. Concussions are a minor form of TBI that can still leave a lasting impact on victims. However, a severe TBI can cause significant, life-long impairment.

Legal Claims for Head Injury Compensation

Victims of head injuries can seek compensation for their economic and non-economic losses through personal injury claims. Economic losses have specific monetary value, while non-economic losses are intangible losses with no precise monetary value. Some of the most common losses people pursue compensation for in injury claims are:

• Medical Expenses – Your past and future medical expenses include surgeries, hospital stays, prescriptions, treatments, and medical devices. An attorney can estimate your future medical costs if you suffer long-term effects because of your injury.
• Lost Wages – Your lost wages include the income you lost while recovering from your injuries and your loss of future earning capacity if your injuries permanently keep you out of the job market.
• Home Modifications – If your injuries restrict your movement, you may be able to seek compensation for necessary home and vehicle modifications, such as a ramp to your front door.
• Caretaker Costs – If you require at-home care due to your injuries, you may be able to seek compensation for hiring someone.
• Pain and Suffering – The pain and suffering you experienced due to your injury is a non-economic loss. Your attorney and a medical expert witness can determine fair compensation for your pain.
• Loss of Consortium – If your injuries impacted your marital relationship, loss of consortium compensation could be available. Loss of consortium is slightly different from other losses because it’s the spouse seeking it, not the injured party.

Proving Fault in Brain Injury Cases

How do you prove fault in a head or brain injury case? You and your attorney must gather evidence supporting your claim, including:

• Medical Records – Your medical records detail your injuries and the treatments you received for them. Your attorney can use these records to demonstrate the severity of your injuries and the necessity of your treatment.
• Financial Documents – Financial documents, such as pay stubs and income tax returns, can illustrate the difference in your pre- and post-injury income so you can seek compensation for lost wages.
• Injury Photographs – Photographs, including x-rays, can show the severity of your injuries.
• Eyewitness Statements – If other people witnessed the incident that caused your injuries, their statements could support your claims about what happened.
• Expert Testimony – Expert witnesses, such as medical professionals, financial advisors, and crash reconstruction specialists, can provide expert testimony about your injuries, lost wages, and more.

How a Personal Injury Attorney Can Help

Do you need a personal injury attorney? While an attorney isn’t required, they can make your life and claim easier. Your attorney can assist you by:

• Investigating your claim to determine what party or parties are at fault for your injuries
• Gathering evidence supporting your claim, such as records, statements, photographs, video, and more
• Filing your claim within Illinois’ two-year statutory period for filing personal injury lawsuits so the court doesn’t bar you from receiving compensation
• Representing your best interests in settlement negotiations with the insurance company
• Presenting the evidence supporting your case at trial before a judge and jury

Talk with a Chicago, Illinois, Personal Injury Attorney

Did you suffer a head or brain injury due to the negligent or intentional actions of another person? If so, you can seek compensation for your injuries by filing a personal injury claim against the at-fault party.

Call Wallace Miller at (312) 261-6193 or contact us online for a free consultation with one of our experienced attorneys. We’ll evaluate your case, explain your legal options, and answer any questions you have.