Chicago brain injury lawyer

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Chicago Traumatic Brain Injury Lawyer

Suffering the long-term effects of a TBI? Our team might be able to help.

According to the Illinois Department of Public Health, Violence and Injury Prevention Section, almost 30,000 people suffered traumatic brain injuries (TBIs) across the state in 2021. Thousands of these individuals were hospitalized for their injuries, and nearly 3,000 TBI victims ultimately passed away due to the harm they suffered.

The relative prevalence of injuries like concussions makes it so that not everyone fully grasps the potential severity of TBIs. The reality is that these injuries can be quite serious, and they have the potential to impact nearly every aspect of a survivor’s life. A TBI is more than just a minor bump on the head. These injuries have the ability to fundamentally alter the way a person’s brain works. This can lead to a wide variety of cognitive, emotional and physical symptoms that require long-term – and often costly – care.

If you suffered a brain injury that happened because of someone else's negligence, you may have the right to pursue compensation for certain accident-related losses. At Gainsberg Injury and Accident Lawyers, we have experience representing TBI survivors from all walks of life. Whether your TBI was the result of a car accident, workplace incident, trip and fall, or other traumatic accident, our team may be able to help you build a strong claim for compensation under Illinois law.

Reach out today to schedule a free case review, and let’s discuss whether our team might be a good fit for your case.

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Gainsberg Injury and Accident Lawyers in Chicago

Why choose Gainsberg Injury and Accident Lawyers?

The days, weeks and months following a traumatic accident can feel like a whirlwind, particularly if you’re managing the symptoms of a brain injury. Trying to wade through all of the logistical challenges on your own can be extremely overwhelming, and one small mistake has the potential to totally derail your recovery.

At Gainsberg Injury and Accident Lawyers, we understand how hard it is for TBI survivors to focus on healing physically while simultaneously trying to negotiate with insurance adjusters or legal professionals. If you’re recovering from a TBI, you may not have enough bandwidth to juggle all of these logistical challenges, and that’s completely understandable. That’s why our team aims to alleviate as much strain as possible for our TBI clients.

Our Chicago-based team has experience handling complex catastrophic injury claims, and we have a proven track record of securing favorable outcomes for our clients. For example, we once secured a $3,000,000 settlement for a client who suffered a TBI while working as an airline employee. This kind of hands-on experience enables our team to provide individualized, knowledgeable legal support to clients in Chicago and across the state of Illinois.

Whether negotiating with insurance companies or fighting for our clients in court, our objective is always to fight for what’s in our clients’ best interests – even if that means we have to do a little extra legwork. Because TBIs often have long-term consequences for survivors and their loved ones, we want to partner with you throughout your case to ensure we’re advocating for compensation that will reflect the true nature of your past, present and future losses.

What is a traumatic brain injury?

A traumatic brain injury (TBI) is a kind of internal injury that is most often caused by a blow to the head or sudden jolt. Penetrating head trauma from something like a gunshot can also cause a TBI. Traumatic brain injuries can be extremely serious because they change the way the person’s brain functions.

When the cells and tissues of the brain are damaged, it can trigger a wide variety of physical, cognitive, and emotional symptoms. Even relatively mild TBIs like concussions temporarily alter the way survivors’ brains work, which is why many concussion patients exhibit neurological symptoms after their accident. More severe injuries can lead to major health complications and some even result in death.

Mild vs. moderate vs. severe traumatic brain injuries

In a medical setting, traumatic brain injuries are typically classified into three different severity levels:

Mild traumatic brain injuries

Concussions are perhaps the most common kind of mild TBI, but there are some other injuries that could also fall into this category. Even though doctors consider these injuries “mild,” the symptoms can still be incredibly distressing. They often interrupt patients’ daily routines and may require multiple doctors’ visits and other kinds of medical treatment.

Moderate traumatic brain injuries

Moderate TBIs often involve more extensive damage to the brain. There may be serious internal bleeding or large tears in brain tissues. The worse the damage is, the more severe the symptoms tend to be. Many individuals who suffer moderate TBIs must undergo extensive medical treatments and may require long-term rehabilitative care.

Severe traumatic brain injuries

Severe TBIs usually result in loss of consciousness for over 24 hours. In these cases, survivors often experience widespread bleeding in the brain and may exhibit significant neurological impairments. Some survivors of severe brain injuries never regain full neurological functioning and may require permanent placement in a care facility or other forms of round-the-clock assistance.

Common traumatic brain injury symptoms

While most of us think of injuries as purely physical, TBIs can also impact the way people think and experience emotions. Here are some of the most common physical, cognitive, and emotional symptoms we see in cases involving TBIs:

Physical

Cognitive

Emotional

  • Headaches
  • Memory loss
  • Irritability
  • Dizziness
  • Confusion
  • Depression
  • Lack of motor coordination
  • Trouble concentrating
  • Anxiety
  • Blurred vision or other vision changes
  • Changes in processing speed
  • Post-traumatic stress disorder
  • Nausea and vomiting
  • Challenges with problem-solving
  • Loss of quality of life
  • Fatigue
  • Communication difficulties
  • Personality changes
  • Loss of consciousness
  • Difficulty transitioning between tasks
  • Difficulty regulating emotions
  • Sensitivity to light and/or sound
  • Trouble with executive functioning
  • Substance use disorders

Can traumatic brain injury symptoms appear days later?

In some cases, individuals with traumatic brain injuries do not even realize they’ve been injured until hours or even days after an accident. That’s because some TBI symptoms – particularly in mild cases – are signs of injury that progress slowly. Additionally, shock and adrenaline can mask certain TBI symptoms immediately following an accident. This can lead to a delayed diagnosis and may even result in unforeseen medical complications.

This is why we strongly advise that anyone involved in a traumatic accident seek a medical evaluation as soon as they can. Even if you feel okay right after an accident, you may have an invisible or slow-to-develop brain injury that can snowball into a much more severe condition if left untreated. Early medical intervention can also help you establish a timeline of your accident and provide you with important documentation that may become relevant in the event that you file a claim for compensation.

What is post-concussion syndrome?

Post-concussion syndrome often gets overlooked in conversations about TBIs. Someone with post-concussion syndrome may show concussion-related symptoms for an extended period of time. It’s estimated that millions of people suffer concussions every year, which can lead some people to downplay the significance of these injuries.

In reality, many survivors of these “mild” TBIs experience persistent symptoms that make it almost impossible for them to return to their pre-accident routines. Individuals with post-concussion syndrome can easily become overwhelmed by all the mounting costs and unrelenting symptoms associated with the condition. Even a few weeks’ worth of disruptions can be enough to put some survivors in a seriously compromised financial position. Some individuals may even put themselves at further risk by returning to their routines too quickly out of fear of the financial impact of missing school, work, or other obligations.

The long-term impact of a traumatic brain injury

No matter how severe an injury is, it’s possible for a TBI to continue disrupting a victim’s life for months or years after an accident. Sometimes, people assume these injuries are only acute issues and don’t pay enough attention to the long-term effects on survivors’ lives.

Symptoms like cognitive impairment and emotional dysregulation can be long-lasting, and they may trigger additional personal and professional consequences for some survivors. Some TBI survivors become permanently disabled and may require accommodations for the rest of their lives.

In some of the most severe cases, TBI survivors never regain full neurological functioning and may require permanent assistance. In these situations, family members are often left footing the bill for expensive residential facilities or in-home nursing care. All of these things combined can create a seemingly insurmountable financial burden for accident victims and their loved ones, which is precisely why some survivors choose to file personal injury claims.

How brain injuries affect personal injury claims

In some accident scenarios, injured victims may be able to file insurance claims for certain accident-related losses. Sometimes, however, the standard insurance claims process doesn’t result in a favorable resolution or doesn’t provide a victim with sufficient compensation to cover the full scope of their damages.

If another person’s negligence caused or contributed to your TBI, you may be within your rights to file a personal injury lawsuit. In these cases, plaintiffs file claims against alleged at-fault parties in the hope of recovering compensation. In order to successfully hold the other party accountable, however, you’ll have to be able to show that your TBI was proximately caused by that party’s negligence.

In practice, this usually means you need to show that the other party caused you identifiable harm by violating a legally established duty of care. For example, if you sustained a TBI after slipping and falling on a wet grocery store floor, the store owner may be found liable if an investigation shows that they knew (or should have known) about the slip hazard and failed to take reasonable steps to address it.

TBI-related personal injury cases can get a little complicated because of the wide variation in symptoms associated with these injuries, as well as the potential for delayed or inaccurate diagnoses. Extensive medical evidence, detailed documentation and – in some cases – expert testimony can all help show the extent of a victim’s injuries and any associated losses.

An experienced Chicago TBI attorney can help gather and present this kind of evidence during settlement negotiations or in a trial setting. It’s not unusual for people to downplay the extent of a survivor’s injuries or even call into question the accuracy of their diagnosis. A trusted catastrophic injury lawyer in Chicago can help push back against common defense tactics and advocate for your rights under Illinois law.

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What damages can be recovered in a Chicago brain injury lawsuit?

If the facts support a finding of negligence against the other party involved in your accident, that at-fault party may be ordered to compensate you for certain injury-related losses. Depending on the nature and extent of your losses, you may be able to recover compensation for economic and non-economic losses like:

  • Medical expenses
  • Hospitalization bills
  • Rehabilitation/long-term care costs
  • Physical and/or occupational therapy costs
  • Mental health counseling expenses
  • Lost wages from missed work shifts
  • Reduced earning capacity
  • Pain and suffering
  • Emotional distress

In Illinois, most personal injury cases involving private individuals aren’t subject to any damage caps. However, our state’s modified comparative negligence system could still limit your compensation amount. If you contributed to your own accident, you may still be able to recover compensation as long as you weren’t more than 50% at fault. If you contributed to a lesser extent, any compensation you receive will be reduced by the same percentage as your level of fault.

Your Chicago traumatic brain injury lawyer can help you understand the role comparative negligence might play in your case. They may also be able to defend you against inflated claims of shared fault or push back against undervaluations of your damages.

Do you have a Chicago brain injury lawyer near me?

Gainsberg Injury and Accident Lawyers meets clients in the heart of downtown Chicago. We are proud to represent members of our local community, and we are committed to providing individualized legal support to every client we work with.

If you’re unable to visit our office in person, we’re happy to schedule video meetings or conduct consultations in medical facilities if necessary. No matter how we connect, our team is happy to answer your questions and provide you with the information you need to make a confident decision about how best to fight for compensation.

Chicago TBI lawyer frequently asked questions

Can a concussion qualify as a brain injury?

Concussions are generally considered a form of mild traumatic brain injury. In fact, they’re some of the most commonly reported TBIs in the United States.

What if my imaging tests were normal?

Not all TBIs show up on CT scans or MRIs. This can complicate insurance claims and lawsuits because the opposing side may attempt to use the lack of imaging as “evidence” that you weren’t really injured.

Can brain injuries cause permanent disability?

It’s absolutely possible for a TBI to result in permanent physical, cognitive, and/or emotional disabilities.

How much is a TBI case worth?

Every case is different, and the value of your traumatic brain injury claim will depend on the nature of your specific losses. Our previous TBI-related recoveries have ranged from thousands to millions of dollars – it really just comes down to the facts.

How are future medical costs calculated?

If you’re hoping to recover compensation for future losses, your legal team will need to carefully calculate costs based on many different kinds of evidence. Expert testimony from doctors, economists, rehabilitation specialists, and life care planners can be extremely helpful on this front.

What evidence helps prove a brain injury?

Medical records, neuropsychological testing, expert testimony, and even testimony from friends and family can support not only the existence of your injury but the extent of its impact on your level of functioning.

How long does a brain injury case take?

There’s no universal timeline for brain injury cases. Some of these claims settle before they even proceed to trial, but others must work their way through the entire court system prior to reaching a resolution.

Should I hire a lawyer after a concussion?

If another party's negligence caused your concussion, an experienced Chicago TBI lawyer may be able to help you understand and take advantage of available legal options.

Contact a Chicago traumatic brain injury lawyer today

At Gainsberg Injury and Accident Lawyers, we understand how important it is for TBI survivors to build strong claims for compensation. These injuries are serious, and their effects can be felt for months or years following an accident. Our team has experience supporting local clients in their efforts to recover compensation for traumatic brain injuries, and we would love the opportunity to work with you in your own fight.

To schedule a free case review, you can call, text, or stop by our office at 77 W Washington St., Suite 1215. We’d be happy to speak with you about your case and answer any questions you might have about recovering the compensation you need and deserve.

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