Chicago Brain Injury Lawyers

Brain injuries are a serious public health concern, impacting countless lives across the United States. Traumatic brain injuries (TBIs) have contributed to approximately one million U.S. deaths over the last two decades. In Illinois alone, recent data from the CDC reveals about 5,395 TBI-related deaths each year. These staggering statistics underscore the gravity of brain injuries and the urgent need for professional legal assistance.

Brain injuries in Illinois commonly result from car accidents, workplace mishaps, falls, and violent incidents. These accidents can lead to severe and sometimes fatal outcomes. If you or a loved one has suffered a brain injury, contacting an attorney at Briskman Briskman & Greenberg is crucial. Our dedicated attorneys represent clients throughout Chicagoland, including the cities of Joliet, Waukegan, and Zion, as well as Cook, Lake, and Will counties. We are committed to seeking justice for brain injury victims and ensuring you receive the compensation you deserve. Call us today for a consultation and take the first step towards protecting your rights and future.

Most Common Types and Causes of Brain Injury Accidents in Illinois

An acquired brain injury (ABI) is a brain injury that is not hereditary, congenital, degenerative, or induced by birth trauma. Essentially, this type of brain injury occurs after birth. The injury changes the brain’s neuronal activity, affecting the physical integrity, metabolic activity, or functional ability of nerve cells in the brain. An acquired brain injury is the umbrella term for all brain injuries.

Traumatic Brain Injury

A TBI is an alteration in brain function or other evidence of brain pathology caused by an external force. Traumatic impact injuries can be defined as closed (or non-penetrating) or open (penetrating). Examples of a TBI include:

• Falls,
• Assaults,
• Motor vehicle accidents,
• Sports injuries, and
• Non-Traumatic Brain Injury

Often referred to as an acquired brain injury, a non-traumatic brain injury causes damage to the brain by internal factors, such as a lack of oxygen, exposure to toxins, or pressure from a tumor. Examples of NTBI include:

• Stroke,
• Near-drowning,
• Aneurysm,
• Tumor,
• Infectious disease that affects the brain (i.e., meningitis), and
• Lack of oxygen supply to the brain (i.e., heart attack)

Regardless of the type, a brain injury can impair cognitive abilities and physical functioning. It can also disrupt behavioral and emotional functioning, profoundly affecting a person’s daily life and overall well-being.

Causes of Brain Injuries in Illinois

According to the most recent data from the Illinois Department of Public Health, unintentional injuries were the fourth-highest cause of death for all ages in Illinois in 2019. Among the approximately 9,000 annual deaths due to injury in Illinois, the leading causes are poisonings, TBI, and suicides. Research shows that:

• Falls lead to nearly half of the TBI-related hospitalizations.
• Firearm-related suicide is the most common cause of TBI-related deaths in the United States.
• Motor vehicle crashes and assaults are other common ways a person may get a TBI.

Understanding these causes is crucial for recognizing the importance of seeking legal help. Brain injuries can have devastating and long-lasting effects on victims and their families. If you or a loved one has suffered a brain injury, contact the experienced attorneys at BB&G for help recovering compensation.

Brain injuries can lead to many symptoms that significantly impact a person’s daily life. Recognizing these symptoms early and seeking appropriate medical and legal assistance is essential to ensure proper care and support. Some of the most common brain injury symptoms include the following:

• Headaches,
• Dizziness or balance issues
• Nausea or vomiting
• Fatigue or drowsiness
• Confusion or disorientation
• Memory problems
• Difficulty concentrating
• Mood swings
• Depression or anxiety
• Sleep disturbances
• Sensitivity to light or noise
• Seizures

Chronic irritability and aggression are seen in approximately 40%–70% of patients with traumatic brain injury. Aggression in patients with such an injury is generally reactive without premeditation and is non-purposeful, explosive, periodic, and ego-dystonic (meaning the patients are genuinely remorseful after the event). These emotional and behavioral changes can be challenging for injured individuals and their families, requiring comprehensive support and care.

Estimates suggest that 30-40% of individuals who survive severe TBI will stay in low-level or reduced states of consciousness for prolonged periods. This can result in significant long-term care needs and financial burdens. If you or a loved one is experiencing any of these symptoms following a brain injury, it is crucial to seek immediate medical attention and legal assistance.

At BB&G, we understand the profound impact of a brain injury on individuals and their families and work to help you address the significant financial costs accompanying brain injury treatment. 

Chicago Brain Injury Claims 

Brain injuries can have devastating and long-lasting effects on victims and their families. If you or a loved one has suffered a brain injury due to someone else’s negligence, you have the right to seek compensation through a legal claim. Understanding the types of lawsuits available under Illinois law is essential for protecting your rights and securing the justice you deserve.

Personal Injury Lawsuits

If a brain injury results from an accident, such as a car crash, slip and fall, or workplace incident, you can file a personal injury lawsuit. Under Illinois law, these lawsuits seek compensation for medical expenses, lost wages, pain and suffering, and other related costs. It is crucial to act quickly, as the Illinois statute of limitations limits the time you have to file a claim.

Medical Malpractice Lawsuits

When a brain injury is caused by the negligence of a healthcare professional, such as a misdiagnosis, surgical error, or improper treatment, you can pursue a medical malpractice lawsuit. Illinois law requires proving that the healthcare provider’s actions fell below the standard of care, directly resulting in the injury. Compensation can cover medical bills, ongoing care costs, and additional damages for pain and suffering. According to the Illinois medical malpractice statute, injury victims must file a physician’s affidavit of merit along with the lawsuit.

Product Liability Lawsuits

If a defective product, such as a faulty helmet or car part, causes a brain injury, you can file a product liability lawsuit against the manufacturer, distributor, or retailer. This lawsuit holds these parties accountable for releasing a dangerous or defective product into the market. Compensation can include medical expenses, lost wages, and other related damages.

Wrongful Death Lawsuits

When a brain injury leads to a loved one’s death, surviving family members can pursue a wrongful death lawsuit. This type of claim seeks compensation for funeral expenses, loss of companionship, and financial support the deceased would have provided. Wrongful death lawsuits help families hold responsible parties accountable and secure justice for their loss.

The attorneys at BB&G can guide you through the legal process and fight for your rights. 

What Evidence Do I Need in my Brain Injury Case?

Gathering and presenting evidence is crucial to establish liability and secure compensation in brain injury cases. In most cases, proving a brain injury case requires detailed documentation and expert testimony in Chicago. 

Medical Records

Medical records are foundational in brain injury cases. They provide a comprehensive account of the diagnosis, treatment, and prognosis of the injury. Key documents include emergency room reports, which provide immediate assessment and treatment details, and hospital records that offer in-depth information about surgeries, treatments, and hospital stays. Doctor’s notes document ongoing treatment and follow-up care, while diagnostic tests, such as MRIs and CT scans, reveal the extent of the brain injury.

Expert Testimony

Expert witnesses play a critical role in brain injury cases. Neurologists, neuropsychologists, and other medical professionals can explain the severity and implications of the injury. Their testimony helps establish the link between the accident and the brain injury, clarifying how it impacts the victim’s life.

Eyewitness Accounts

Eyewitnesses can provide valuable information about how the injury occurred. Their statements help reconstruct the accident and show the circumstances that led to the brain injury. This includes bystanders who witnessed the accident and first responders, such as police officers, firefighters, or paramedics, who attended the scene.

Accident Reports

Accident reports are official documents that detail the incident leading to the brain injury. For example, in car accidents, police reports include information about the parties involved, road conditions, and possible causes. These reports serve as an objective account of the event.

Employment Records

Employment records demonstrate the impact of the brain injury on the victim’s ability to work. These records can show lost wages, job performance changes, and any accommodations the employer makes. This evidence is vital for calculating economic damages.

Photographic and Video Evidence

Photos and videos from the accident scene and any footage of the victim’s condition post-accident can be compelling. This visual evidence helps illustrate the injury’s severity and the accident’s circumstances. Understanding and compiling this evidence is critical for building a solid case and achieving justice for the injured party.

Medical Malpractice Evidence

When a brain injury results from medical malpractice, additional specific evidence is required to prove negligence. 

Medical Expert Testimony

In medical malpractice cases, expert testimony is essential to establish that the healthcare provider deviated from the standard of care. Medical experts can explain how the provider’s actions (or inactions) directly caused the brain injury.

Medical Records Review

A thorough review of medical records by an independent expert can identify errors or omissions in the treatment provided. This review helps pinpoint where the standard of care was not met.

Informed Consent Documentation

Informed consent forms show that the patient was adequately informed about the risks of a procedure. If a brain injury occurs and the risks are not adequately disclosed, this can support a negligence claim.

Hospital Policies and Protocols

Reviewing hospital policies and protocols can reveal systemic issues or failures that contributed to the brain injury. This evidence can demonstrate that the healthcare facility did not adhere to established standards.

Proving a brain injury case in Chicago requires meticulous evidence gathering, including medical records, expert testimony, eyewitness accounts, and more.

Helping You Continue to Live a Life of Dignity

Whether you’ve experienced a close head injury or a traumatic brain injury (TBI), we work to help you recover financial compensation from the party or parties responsible for your injury. We are prepared to assist you in seeking compensation for:

• Past, current, and future medical expenses
• On-going care needs
• Lost wages
• Loss of earnings capacity
• Vocational rehabilitation
• Pain and suffering
• Permanent disability

Speak with an Experienced Brain Injury Lawyer About Your Case Today

If you or someone you live with was recently involved in an accident or underwent a medical procedure and suffered a brain injury as a result, you may be entitled to monetary compensation. A brain injury will impact the rest of your life, and it shouldn’t be your responsibility to ensure that your bills are paid and your family cared for. At Briskman Briskman & Greenberg, we’ve assembled a dedicated team of Chicago brain injury lawyers who are dedicated to helping our clients obtain the compensation the need—and deserve. All personal injury cases involving head or brain injuries are handled on a contingency basis, which means we will only accept payment if we are successful in getting you compensation. To learn more, give Briskman Briskman & Greenberg a call at 877-595-4878. You can also connect with us through our secure online contact form.