Chicago Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) can change your life in an instant. With over 5 million Americans living with TBI-related disabilities, these injuries are a leading cause of death and severe disability for people under 45. The leading causes of traumatic brain injuries are motor vehicle accidents, falls, medical errors, and sports-related injuries.
Traumatic brain injuries can result in severe personality changes, diminished cognitive and motor abilities, and other lifelong disabilities. If you or a loved one suffered injuries in Chicago, our traumatic brain injury lawyers can help you recover compensation for your losses. At Ankin Law, we offer:
- FREE case consultations
- Over 100 years of
- combined experience
- 24/7 assistance
Call Ankin Law to secure maximum compensation for your traumatic brain injury. (312) 600-0000
Table of Contents
Why Choose Ankin Law for Your Traumatic Brain Injury Case
At Ankin Law, we’ve built our reputation on representing clients with complex, life-altering injuries. Traumatic brain injury cases demand more than legal skill. They require compassion, medical insight, and persistence. Our firm brings all three.
- Decades of Experience: With over 100 years of combined experience, our lawyers have handled hundreds of catastrophic injury cases, including severe brain and spinal trauma.
- Medical Understanding: We collaborate with neurologists, neuropsychologists, and rehabilitation specialists to evaluate the full impact of your injury and future needs.
- Proven Results: Our attorneys have recovered hundreds of millions of dollars for injured clients throughout Illinois.
- Local Advantage: As a Chicago-based law firm, we know Cook County courts, judges, and insurance defense strategies.
- Personal Commitment: At Ankin Law, “Injury Law Made Personal” means you work directly with attorneys who take the time to understand your story, not just your case file.
Did you suffer a TBI in an accident? Call a traumatic brain injury lawyer with Ankin Law to recover compensation for your medical bills. (312) 600-0000
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How Our Lawyers Prove Fault in a TBI Claim
To win compensation for a traumatic brain injury, your attorney must establish liability by proving that another party’s negligence directly caused your harm. At Ankin Law, we build cases through:
- Accident Reconstruction: Using data from vehicles, surveillance footage, and witness statements to show how the injury occurred.
- Medical Expert Testimony: Neurologists and neuropsychologists explain how the trauma caused your brain injury and its long-term effects.
- Economic Analysis: Vocational and financial experts project lost income, diminished earning capacity, and the cost of future care.
- Life-Care Planning: Specialists outline your medical and rehabilitation needs for the remainder of your life.
- Documentation of Non-Economic Harm: Journals, family testimony, and therapy notes help convey pain, suffering, and emotional loss.
Together, this evidence demonstrates that you were injured, and how profoundly your life has been changed.
What Is Considered a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a disruption in normal brain function caused by a sudden impact, jolt, or penetrating injury to the head. TBIs range from mild, such as concussions, to severe, involving extended unconsciousness or permanent brain damage. Symptoms include headaches, confusion, memory loss, mood changes, dizziness, or loss of coordination. Severe TBIs can result in cognitive impairments, physical disabilities, or emotional disturbances, sometimes even requiring long-term medical care and rehabilitation.
Types of Brain Injuries
Traumatic brain injuries are categorized based on their severity, location, and the mechanism of injury. Understanding the types of TBIs can provide insight into the impact of each.
Concussion
A concussion is the most common and mildest form of TBI. It occurs when a blow or jolt to the head causes the brain to move within the skull, leading to temporary changes in brain function. Concussions are often associated with sports injuries, falls, or minor accidents. While they are generally temporary, repeated concussions can lead to long-term complications, such as chronic traumatic encephalopathy (CTE).
Contusion
A brain contusion is a bruise on the brain tissue caused by a direct impact to the head. It involves localized bleeding and swelling in the brain. In severe cases, contusions can lead to more significant neurological issues and require surgical intervention to relieve pressure or remove clotted blood.
Diffuse Axonal Injury (DAI)
Diffuse axonal injury is caused by the brain shifting or rotating within the skull, often due to high-impact events like car or boat accidents. This movement stretches and tears the brain’s axons, which are responsible for transmitting signals between brain cells. DAIs can cause widespread brain damage, leading to coma or long-term cognitive and physical impairments. Symptoms vary depending on the severity of the injury, and recovery may take years.
The TBI case process typically follows five phases, from initial investigation through resolution. Each step builds evidence to maximize your compensation and ensure your long-term needs are covered.
Penetrating Brain Injury
Penetrating injuries occur when an object, such as a bullet or sharp debris, breaches the skull and damages the brain tissue. These injuries are life-threatening and may result in permanent neurological deficits. Survivors experience paralysis, sensory loss, or cognitive impairments, depending on the injury’s location and extent.
Anoxic Brain Injury
Anoxic injuries occur when the brain is deprived of oxygen, often due to near-drowning or cardiac arrest. The lack of oxygen causes brain cells to die, leading to cognitive and physical impairments. Recovery depends on the duration of oxygen deprivation and the timeliness of medical intervention.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can result from a variety of incidents, ranging from every day accidents to severe, high-impact events. Each presents risks and outcomes based on the nature of the trauma. When these causes are the result of negligence, victims can sue for their injuries.
Falls
Falls are the leading cause of TBIs, particularly among young children and older adults. Accidents such as slipping on wet surfaces, falling down stairs, or tumbling from heights can cause the head to strike the ground or another object. In older individuals, falls often result in more severe outcomes due to fragile bones and preexisting health conditions. Preventative measures like securing handrails and using non-slip mats can reduce these risks.
Motor Vehicle Accidents
Car crashes, truck accidents, motorcycle wrecks, and boat accidents are another major cause of TBIs. The sudden impact during a collision can cause the brain to collide with the skull, resulting in concussions, contusions, or more severe injuries like diffuse axonal injuries (DAIs). Motorcyclists and bicyclists are particularly vulnerable without proper helmets. Safety practices like wearing seat belts and driving cautiously can mitigate these risks.
Sports Injuries
High-contact sports such as football, soccer, hockey, and boxing frequently result in TBIs, particularly concussions. Young athletes are especially at risk, as repeated injuries can lead to cumulative damage, including chronic traumatic encephalopathy (CTE). Proper use of protective gear and adherence to safety protocols in sports can help minimize injuries.
Violence
Assaults, gunshot wounds, and domestic violence are significant causes of TBIs. Penetrating injuries, in which an object breaches the skull, are particularly severe and life-threatening. Victims of violence often suffer long-term physical and psychological effects, highlighting the need for preventative measures and victim support programs.
Recreational and Work-Related Accidents
Recreational activities such as biking, climbing, or boating can lead to TBIs, especially if proper safety equipment isn’t used. Similarly, workplace accidents in industries like construction or manufacturing pose risks, particularly from falling objects, machinery malfunctions, or slips and falls.
Explosions and Blasts
Explosions, common in military combat zones, can cause TBIs due to the pressure waves generated by the blast. These injuries, often experienced by veterans, may involve both physical trauma and long-term cognitive and emotional effects.
What Are the Symptoms of a Traumatic Brain Injury?
The symptoms of a traumatic brain injury (TBI) can vary depending on the severity and location of the injury. They may appear immediately or develop over time.
- Physical symptoms are often the first indicators. In mild TBIs, individuals experience headaches, nausea, dizziness, fatigue, and sensitivity to light or noise. Temporary loss of consciousness or balance issues can also occur. Severe TBIs, however, can lead to persistent headaches, vomiting, seizures, loss of coordination, or clear fluid draining from the nose or ears, which indicates cerebrospinal fluid leakage.
- Cognitive symptoms are also common after a TBI. Memory problems, such as difficulty remembering recent events or forming new memories, are frequently reported. Concentration issues, confusion, or disorientation may also develop. Speech impairments, including slurred speech or difficulty finding words, are observed in moderate to severe cases.
- Emotional and behavioral changes are a hallmark of TBIs. Many individuals experience mood swings, irritability, depression, or anxiety. Sleep disturbances, such as insomnia or excessive drowsiness, may also occur. In severe cases, personality changes, including increased aggression or impulsivity, can be evident. Recognizing these symptoms and seeking immediate medical attention is critical to managing the injury and minimizing long-term effects.
The Long-Term Impact of Traumatic Brain Injuries
The long-term impact of traumatic brain injuries (TBIs) can affect a person’s physical, cognitive, and emotional well-being. Physically, survivors may experience chronic headaches, seizures, fatigue, and coordination problems. In severe cases, mobility can be permanently impaired, requiring assistive devices or caregiving support.
Cognitively, TBIs often lead to memory loss, difficulty concentrating, and impaired problem-solving abilities, which can disrupt daily tasks, education, or employment. Severe TBIs may result in permanent intellectual or communication deficits.
Emotionally, many survivors struggle with mood disorders such as depression, anxiety, or post-traumatic stress disorder (PTSD). Personality changes, including increased irritability or impulsivity, can strain personal relationships and reduce the overall quality of life.
Rehabilitation, including physical therapy, occupational therapy, and counseling, is often necessary but may not fully restore pre-injury function.
Mild TBI Is Real (Even With “Normal” Scans)
Most TBIs are classified as “mild,” but that label describes the initial presentation, not the life impact. You can have a concussion or mild TBI with normal CT or MRI because these scans don’t always detect microscopic axonal injury. Persistent symptoms, like headaches, light/noise sensitivity, slowed processing, memory gaps, insomnia, and mood swings, can still disrupt work, driving, and relationships.
How we prove it: Our lawyers use detailed symptom timelines, neuropsychological testing, vestibular/ocular assessments, treating provider notes, and before-and-after witnesses (family, coworkers, coaches) to prove your mild TBI impacts your life.
Common Testing in TBI Cases
- Emergency imaging: CT/MRI rule out bleeds or fractures.
- Advanced imaging (as appropriate): DTI or functional MRI to evaluate microstructural changes.
- Neuropsychological testing: attention, processing speed, memory, executive function.
- Balance & vision testing: vestibular, VOR, convergence, saccades.
Illinois Negligence & Fault Rules in TBI Cases
Illinois uses modified comparative negligence in traumatic brain injury cases. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault. If you’re more than 50% at fault, you cannot recover. Evidence, reconstruction, and expert testimony are critical to push liability where it belongs. Short deadlines may apply for claims involving public entities. Act fast.
What to Do After a Traumatic Brain Injury Diagnosis
After a traumatic brain injury diagnosis, your actions can affect both your recovery and your legal rights.
Attend every appointment, therapy session, and follow-up visit. Medical records serve as key evidence.
Insurance adjusters may downplay your injuries or push quick settlements.
Save texts, emails, photos, and social media posts that show your condition before and after the incident.
Keep a daily log of your symptoms, emotional changes, and challenges performing daily tasks.
The sooner an attorney investigates, the better the preservation of evidence and witness memory.
How Much Is My Traumatic Brain Injury Claim Worth?
The value of a traumatic brain injury (TBI) claim depends on the severity of the injury, its impact on your life, and the circumstances that led to the incident. Compensation includes economic damages, non-economic damages, and in some cases, punitive damages.
These cover measurable financial losses, such as medical expenses, rehabilitation costs, and necessary long-term care or therapy. Severe TBIs often require ongoing treatment, adaptive equipment, or home modifications, which can increase the claim’s value. Lost wages are also a key component, including income lost during recovery and compensation for diminished earning capacity if the injury prevents future employment.
Non-Economic Damages
These address intangible losses that are more difficult to quantify, such as pain and suffering, loss of enjoyment of life, and emotional distress. TBIs often cause emotional and psychological challenges, such as depression, anxiety, or personality changes, which can alter a person’s quality of life.
Punitive Damages
In cases where the injury resulted from gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior. These are less common but can increase the claim’s value.
Factors Affecting a Settlement’s Value
The severity and permanence of the injury play a role in determining compensation. Claims for severe TBIs, which result in lifelong disabilities or cognitive impairments, are typically higher. The degree of fault also impacts the settlement—shared liability may reduce the final award. The amount of available insurance coverage or assets from the at-fault party can limit the settlement amount.
Consulting an experienced traumatic brain injury attorney is essential to accurately assess your claim’s worth and maximize your compensation.
How Long Do You Have to File a Traumatic Brain Injury Lawsuit in Illinois?
In Illinois, you generally have two years from the date of your injury to file a traumatic brain injury lawsuit. However, exceptions may apply:
- Delayed Discovery: If the injury wasn’t immediately apparent, the two-year period may start when you discover the TBI.
- Minors: When the victim is under 18, the statute is paused (“tolled”) until the child turns 18.
- Government Claims: If your TBI was caused by a city, county, or state employee, special notice requirements and shorter deadlines may apply.
Missing these deadlines can permanently bar your right to recover compensation. A Chicago TBI lawyer at Ankin Law can evaluate your timeline and preserve your claim before it expires.
Workers’ Compensation for Job-Related TBIs in Illinois
A brain injury at work (falls, struck-by incidents, vehicle or machinery accidents) can qualify for workers’ compensation, regardless of fault.
Benefits may include:
All reasonable and necessary medical care with no copays
Temporary total disability (TTD) wage benefits while you’re off work
Permanent partial disability (PPD) or wage-differential benefits for lasting limitations
Vocational rehabilitation when you can’t return to the same job
We handle third-party negligence claims and the workers’ comp case to maximize total recovery.
How a Traumatic Brain Injury Affects Families
A traumatic brain injury doesn’t just affect the injured person. It affects the entire family. Spouses often become caregivers, children lose parental stability, and households face financial strain.
Our attorneys understand the ripple effects of TBIs and fight to secure compensation that accounts for:
- The cost of home modifications and assistive care
- Counseling or therapy for family members
- Loss of companionship and consortium
- Financial burdens caused by loss of income
We approach every case with empathy, helping families adapt and rebuild after catastrophic injury.
Wrongful Death From Traumatic Brain Injury
When a TBI is fatal, the family may bring a wrongful death claim for funeral/burial costs, loss of financial support, and loss of society/companionship. Early investigation preserves black box data, video, and witness memory. Our team handles the legal burden while your family focuses on healing.
What Evidence Helps Most in a TBI Claim?
Resources and Support for TBI Survivors in Chicago
Recovering from a traumatic brain injury is a long process. Chicago offers numerous organizations and resources that can assist you and your family.
- Illinois Brain Injury Association: Provides education, advocacy, and community support for TBI survivors.
- Rehabilitation Institute of Chicago (Shirley Ryan AbilityLab): One of the nation’s top facilities for neurological rehabilitation.
- Brain Injury Support Groups: Local peer networks meet regularly throughout Cook County and virtually to share experiences and coping strategies.
- Social Services & Disability Benefits: Our attorneys can guide you in accessing Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits when TBI prevents you from working.
Frequently Asked Questions About Traumatic Brain Injury Claims
When Can You Sue for a Traumatic Brain Injury?
You can sue for a traumatic brain injury (TBI) if the injury was caused by another party’s negligence, recklessness, or intentional misconduct. Common scenarios include motor vehicle accidents, slip-and-fall incidents, workplace accidents, defective product use, or assaults. To sue, you must prove the at-fault party owed you a duty of care, breached that duty through their actions, and directly caused your injury.
Is a Traumatic Brain Injury a Disability?
A traumatic brain injury (TBI) can be classified as a disability, depending on its severity and the lasting effects on the individual. Mild TBIs, such as concussions, may result in temporary impairments, while moderate to severe TBIs can cause long-term or permanent disabilities. The impact on daily functioning often requires accommodations or support, such as therapy or assistive devices. In many cases, individuals with a TBI may qualify for disability benefits to help manage medical expenses and lost income resulting from their condition.
Are the Personality Changes After a TBI Permanent?
Personality changes after a traumatic brain injury (TBI) can be permanent, but the extent and duration depend on the severity and location of the injury, as well as age and access to rehabilitation. Common changes include increased irritability, impulsivity, mood swings, depression, or anxiety. While mild TBIs may result in temporary personality shifts that improve with time and therapy, severe injuries can cause lasting alterations due to damage to specific brain regions, such as the frontal lobe. Rehabilitation, counseling, and support from loved ones can help manage these changes, but full recovery may not always be possible.
What Our Clients Say About Us
I cannot stress this enough, Best law group I could ever have. I am so grateful for everything Maria & her team did for me! I would definitely recommend Ankin Law without a doubt! If I could give them more than 5 stars, I would, since day one they work their butt off to help me get through these tough times. Wishing Maria & everyone at Ankin Law nothing but the best!
