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Belleville Traumatic Brain Injury Lawyer
A traumatic brain injury can change everything in an instant. One moment you or a loved one is going about a normal day in Belleville, and the next, a car crash on Route 15, a fall at a construction site near Scott Air Force Base, or a collision on Interstate 64 sends someone to the emergency room with a head injury that may never fully heal. A traumatic brain injury, or TBI, is an injury that affects how the brain works, and it is a major cause of death and disability in the United States. If someone else’s negligence caused your TBI, you have legal rights worth protecting. Briskman Briskman & Greenberg, located at 205 W Randolph St., Suite 925, Chicago, IL 60606, represents injury victims across the region, including those in the Belleville area. Call us at (312) 222-0010 for a free consultation. This page is attorney advertising.
Table of Contents
- How Traumatic Brain Injuries Happen in the Belleville Area
- Illinois Law and Your Right to Compensation After a TBI
- The Deadline to File a TBI Claim in Illinois
- What to Expect From a Belleville TBI Claim
- Why Briskman Briskman & Greenberg for Your Belleville TBI Case
- FAQs About Belleville Traumatic Brain Injury Lawyers
How Traumatic Brain Injuries Happen in the Belleville Area
Belleville sits in St. Clair County, just east of St. Louis, and its roadways see heavy traffic every day. Routes like Illinois 15, Lebanon Avenue, and the busy stretch of Interstate 64 near Shiloh are common scenes of serious crashes. People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. In the Belleville area, car accidents, truck accidents, motorcycle crashes, and pedestrian accidents are among the most frequent causes of brain injuries that lead to personal injury claims.
Construction work around the Scott Air Force Base corridor and along major commercial strips also puts workers at risk. A fall from scaffolding, a blow from a falling object, or a forklift accident can cause serious head trauma. Slip and fall incidents at Belleville’s shopping centers, parking lots, and older public buildings create another category of TBI claims rooted in premises liability. Even a rear-end collision at a relatively low speed can cause a concussion or more severe brain trauma, especially when the victim’s head strikes the headrest, window, or steering wheel.
What makes TBIs so serious is that symptoms are not always obvious right away. A person may walk away from a crash feeling sore but otherwise okay, only to develop severe headaches, memory problems, or cognitive difficulties in the days that follow. A TBI affects how the brain works, is a major cause of death and disability, and may lead to short- or long-term health problems. Getting medical attention immediately after any accident involving a blow to the head is critical, both for your health and for any future legal claim.
Because TBIs can stem from so many types of accidents, including those involving distracted or drunk drivers, unsafe premises, or negligent employers, identifying all responsible parties matters enormously. A thorough investigation can uncover evidence that strengthens your claim significantly.
Illinois Law and Your Right to Compensation After a TBI
Illinois law gives TBI victims the right to pursue compensation from the parties responsible for their injuries. Under Illinois’ modified comparative negligence rule, codified at 735 ILCS 5/2-1116, you can recover damages as long as your share of fault does not exceed 50% of the total cause of your injury. If you are found to be partially at fault, your damages are reduced in proportion to your percentage of fault. For example, if you are 20% at fault and your total damages are $500,000, you would recover $400,000.
When multiple defendants share responsibility for a TBI, Illinois’ joint and several liability rules under 735 ILCS 5/2-1117 become important. Under that law, all defendants found liable are jointly and severally responsible for a plaintiff’s past and future medical and medically related expenses. A defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This matters in TBI cases because medical costs, rehabilitation, and long-term care can be enormous, and you need every responsible party held accountable.
Compensation in a TBI case can include medical bills, lost wages, loss of future earning capacity, pain and suffering, and the cost of ongoing care. There were over 69,000 TBI-related deaths in the United States in 2021, about 190 TBI-related deaths every day, which reflects just how serious these injuries are. When a TBI results in death, the Illinois Wrongful Death Act, codified at 740 ILCS 180, allows surviving family members to pursue compensation for their losses.
Illinois law also addresses TBI claims that arise in the workplace. Under the Illinois Workers’ Compensation Act, 820 ILCS 305, employees who suffer brain injuries on the job may be entitled to benefits covering medical treatment, temporary total disability, and permanent partial disability. The Workers’ Compensation Act at 820 ILCS 305/8.1b requires that permanent partial disability be evaluated using specific criteria, including loss of function, the employee’s occupation, age, and future earning capacity.
The Deadline to File a TBI Claim in Illinois
Time is one of the most important factors in any TBI case. Under 735 ILCS 5/13-202, the statute of limitations for personal injury claims in Illinois is two years from the date the cause of action accrues. In most cases, that clock starts running on the date of the accident. Miss that deadline and you lose your right to compensation, no matter how strong your case is.
TBI cases present a unique challenge when it comes to timing. Some brain injuries are not immediately apparent. A person may not recognize the full extent of their cognitive or neurological damage until weeks or months after the accident. Illinois courts recognize the discovery rule in certain circumstances, which can delay the start of the limitations period when an injury was not reasonably discoverable at the time it occurred. However, relying on this exception is risky without legal guidance, and waiting too long to act almost always hurts your case.
There are also situations where the two-year period may be extended. If the injured person is a minor, under 735 ILCS 5/13-211, the limitations period does not begin running until they turn 18. If the injured person is under a legal disability at the time of the accident, the period may be tolled for the duration of that disability. Claims against a local government entity, such as a municipality or county, may be subject to a shorter one-year deadline under 745 ILCS 10/8-101, so acting quickly is essential.
Two years sounds like plenty of time. It is not. Building a strong TBI case requires gathering medical records, retaining expert witnesses, reconstructing the accident, and negotiating with insurance companies, all of which take time. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible after your injury to protect your rights.
What to Expect From a Belleville TBI Claim
Every TBI case is different, but most follow a similar path. After seeking medical treatment, the next step is a thorough investigation of how the injury happened and who is responsible. In a car accident case, that means gathering police reports, witness statements, traffic camera footage, and accident reconstruction analysis. In a premises liability case, it means documenting the dangerous condition that caused the fall and establishing that the property owner knew or should have known about it.
Medical documentation is the backbone of any TBI claim. Your treating physicians, neurologists, and neuropsychologists will document the nature and extent of your injury. People who sustain a TBI can experience a broad range of signs or symptoms, ranging from common somatic symptoms such as headache and nausea to uncommon signs such as a loss of consciousness. Cognitive testing, imaging studies, and detailed medical records all help establish the severity of the injury and its impact on your daily life.
Illinois law also requires careful attention to how fault is allocated among multiple parties. In cases involving a drunk driver, a distracted driver, or a negligent employer, there may be more than one defendant. Each defendant’s share of fault affects how damages are distributed under 735 ILCS 5/2-1117. An experienced legal team will investigate all potential sources of liability and work to maximize your recovery.
Insurance companies will likely be involved from the start. They have adjusters and attorneys working to minimize what they pay. A represented TBI victim is in a far stronger position than one who negotiates alone. Briskman Briskman & Greenberg handles all communications with insurers on behalf of their clients, working to pursue the full compensation each client deserves. As a Chicago abogado de lesiones personales team serving the Belleville region, they understand how to build and present these claims effectively.
Why Briskman Briskman & Greenberg for Your Belleville TBI Case
Briskman Briskman & Greenberg has spent decades representing injury victims across the Chicago metropolitan area and the surrounding region, including clients from communities like Belleville, O’Fallon, Fairview Heights, and throughout St. Clair County. The firm handles TBI cases arising from car accidents, truck accidents, motorcycle crashes, construction accidents, slip and falls, and other serious incidents.
The firm works on a contingency fee basis for personal injury cases, which means clients pay no attorney’s fees unless the firm recovers compensation on their behalf. Clients should be aware that even under a contingency arrangement, they may be responsible for certain costs and expenses depending on the outcome of the case. The firm will clearly explain all fee arrangements during your free consultation.
TBI cases are among the most serious personal injury matters because the effects of a brain injury can last a lifetime. Among those injured in Illinois, 2,780 died where TBI was reported as a cause of death, another 7,806 were hospitalized with a TBI, and an additional 19,111 were treated and released from emergency departments with a TBI. These numbers reflect real families whose lives were upended by preventable injuries. Briskman Briskman & Greenberg takes these cases seriously and works to pursue every avenue of compensation available under Illinois law.
If you or a family member suffered a TBI in Belleville or anywhere in the surrounding area, do not wait to get legal help. Call Briskman Briskman & Greenberg at (312) 222-0010 today. The consultation is free, and there is no obligation. Past results in any case do not guarantee a similar outcome in your case, as every matter depends on its own facts and circumstances.
FAQs About Belleville Traumatic Brain Injury Lawyers
How do I know if I have a TBI claim after an accident in Belleville?
If you suffered a blow to the head in an accident caused by someone else’s negligence, and you experienced any symptoms such as headaches, confusion, memory problems, dizziness, or loss of consciousness, you may have a TBI claim. The key is getting a medical evaluation right away and then speaking with an attorney. A diagnosis from a physician, combined with evidence of the other party’s fault, forms the foundation of a claim. Every case is different, and the strength of your claim depends on the specific facts involved.
Can I still recover compensation if I was partly at fault for the accident?
Yes, in most cases. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. You can recover damages as long as your share of fault is 50% or less. Your total compensation is reduced by your percentage of fault. So if you were 30% at fault and your damages total $300,000, you could recover $210,000. If your fault exceeds 50%, you are barred from recovering anything under Illinois law.
What types of compensation can a TBI victim recover in Illinois?
TBI victims may be able to recover compensation for past and future medical expenses, lost wages, loss of future earning capacity, rehabilitation costs, pain and suffering, and loss of normal life. In cases involving the death of a TBI victim, the Illinois Wrongful Death Act at 740 ILCS 180 allows surviving family members to pursue additional compensation. The specific damages available depend on the facts of your case, and no attorney can guarantee a particular outcome.
How long does a TBI lawsuit take to resolve in Illinois?
The timeline varies widely depending on the severity of the injury, the number of parties involved, the complexity of the liability issues, and whether the case settles or goes to trial. Some cases resolve within a year through settlement negotiations. Others, particularly those involving catastrophic or permanent injuries, may take several years. One reason not to rush a TBI case is that it is important to fully understand the long-term impact of the injury before settling, since a settlement is typically final.
What should I do right after suffering a head injury in a Belleville accident?
Seek medical attention immediately, even if you feel okay at first. Some TBI symptoms do not appear right away, and a prompt medical evaluation creates a record that is essential for any future claim. Document the accident scene if you can, get contact information from witnesses, and report the incident to the appropriate parties, whether that is police, a property owner, or an employer. Avoid giving recorded statements to insurance companies before speaking with an attorney. Then call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation.
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