Chicago Head Injury Lawyer
Head injuries often have long-lasting consequences for victims. Depending on the severity, a head injury may cause cognitive and memory impairments, physical disabilities, emotional distress, and changes in personality. Victims may require extensive medical treatment, rehabilitation, and ongoing care, affecting their ability to work and engage in daily activities. The steep costs for medical treatment, along with the reduced earning capacity that often accompanies these injuries, takes a substantial toll on an injured victim’s life. Filing a personal injury claim against the liable party can help reduce the impact of a head injury on a victim’s life.
At Ankin Law, our head injury lawyers understand the impact these types of injuries can have on victims and their families. Our team of attorneys is committed to protecting your right to a settlement that accurately reflects the cost of your injuries. Whether you’ve experienced a traumatic brain injury (TBI) at work, in a car accident, or due to a defective product, our lawyers are here to guide you through the legal process and help you on the path to recovery.
Contact an experienced head injury lawyer at 312-600-0000 to get started with your case.
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Table of Contents
What Causes Head Injuries?
Head injuries can be caused by a variety of accidents, often resulting in severe consequences for the injured victim. Common causes of head injuries that result in accident claims include:
Motor Vehicle Accidents: Car, truck, and motorcycle accidents are a frequent source of head injuries. The sudden impact during these collisions can cause the head to come into contact with the steering wheel, dashboard, or windows, causing concussions, traumatic brain injuries (TBI), or other head trauma.
Slip and Fall Accidents: Slip and fall accidents are a top cause of injury across all demographics. Slippery floors, uneven surfaces, and inadequate safety measures can lead to head injuries if the victim’s head hits the ground or a nearby surface.
Workplace Accidents: Workers in certain industries may face hazards that increase the risk of head injuries. Falling objects, machinery accidents, or slips from heights can lead to severe head trauma.
Sports and Recreational Activities: Contact sports like football, soccer, and hockey, as well as recreational activities like cycling and skateboarding, are a top cause of head injuries.
Medical Malpractice: Head injuries can result from medical negligence, such as surgical errors or mistakes during childbirth.
Bicycle and Pedestrian Accidents: Cyclists and pedestrians are vulnerable to head injuries when involved in collisions with motor vehicles.
Determining the cause of a head injury is crucial in personal injury cases, as it helps establish liability.Â
Types of Head Injuries
Victims can sustain a variety of head injuries in an accident. Common examples of head injuries seen by personal injury lawyers include:
Concussions: Concussions are one of the most common types of head injuries. They occur when the brain is jolted by a sudden impact or motion, causing it to come into contact with the skull.
Traumatic Brain Injuries (TBI): TBIs are life-altering head injuries that occur when there is a significant force to the head, causing damage to the brain. TBIs can lead to cognitive impairments, speech difficulties, changes in behavior, and even long-term disability.
Skull Fractures: Skull fractures can be linear, depressed, or compound, and they often require immediate medical attention to prevent further damage or brain injury. These injuries can be caused by any impact strong enough to create a break in the skull.
Contusions: Contusions are bruises on the brain’s surface resulting from a direct impact to the head. They can cause internal bleeding and swelling of the brain.
Hematomas: Hematomas are a collection of blood outside the blood vessels. They are typically caused by head trauma. Subdural and epidural hematomas can be life-threatening if not promptly treated.
Penetrating Injuries: Penetrating head injuries occur when an object enters the skull and damages brain tissue. These injuries often require emergency medical intervention.
Diffuse Axonal Injuries (DAI): DAI is a type of traumatic brain injury caused by rotational force applied to the brain during sudden deceleration, such as in car accidents. It can lead to widespread brain damage and long-term cognitive impairments.
Understanding the type of head injury you sustained can help you determine the extent of the damages you incurred from your accident.Â
Illinois Traumatic Brain Injury Statistics
Traumatic brain injuries (TBIs) are a prevalent concern, with thousands of Illinois residents affected each year. According to recent statistics, approximately 23,000 individuals suffer from TBIs annually in the state. These injuries can result from various accidents, including car crashes, workplace incidents, slip and falls, and sports-related activities.
Traumatic brain injuries often cause long-term disabilities and impairments, impacting victims’ ability to work. Data shows that TBIs are a leading cause of hospitalizations and deaths in Illinois, making them a serious public health issue.
Individuals aged 75 and older have the highest TBI-related hospitalization and death rates in Illinois. However, children and young adults are also at risk, particularly due to sports-related injuries.
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Who Is at the Highest Risk for a Serious Head Injury?
Individuals at the highest risk for a serious head injury are those who engage in recreational activities or work in industries where there is a greater likelihood of traumatic accidents.Â
People involved in contact sports, such as football, hockey, and boxing, are at a higher risk of head injuries due to direct impacts. Athletes in sports like soccer, basketball, and gymnastics may also face an increased risk. Employees working in construction sites, factories, or industrial settings face increased head injury hazards compared to workers in other industries. Military members also face a heightened risk of head injuries due to exposure to combat, explosions, and other unsafe work conditions.
Certain age groups are especially vulnerable to sustaining head injuries. Older adults are at higher risk due to reduced balance, which can lead to falls. Young children and teenagers are also at a high at risk due to their active lifestyles and higher levels of participation in sports. Falls, bicycle accidents, and playground mishaps are common causes of head injuries in this age group.
In some cases, head injuries are caused by the intentional and malicious acts of one party. Victims of physical violence, assaults, or abuse are at an increased risk of sustaining these injuries compared to the general population.Â
How Much Is my Head Injury Worth?
The value of a head injury claim can vary significantly based on the defining factors of the accident. When calculating the value of your case, your head injury lawyer will consider:
The Severity of the Injury
The extent of the injury and its impact on your life play a significant role when determining the value of your case. Severe head injuries that result in long-term disability or cognitive impairments typically receive higher compensation.
Non-economic damages, such as physical pain, emotional distress, and mental anguish, are also factored into the value of the claim. The extent of these damages increases proportionally with the severity of the head injury.
Medical Expenses
The cost of medical treatment, including hospitalization, surgeries, rehabilitation, and ongoing care, contributes to the value of your claim.
Lost Wages and Earning Capacity
Compensation may be recovered for lost wages due to time off work during recovery. Additionally, future loss of earning capacity can be calculated into a settlement award.
Your Percent of Liability
Illinois implements a modified comparative negligence perspective when awarding settlements in personal injury cases. This means victims can still recover damages if they are partially at-fault for their accident, as long as their percent of fault doesn’t exceed 50%. However, the total damage award will be reduced by the victim’s percentage of liability.Â
A personal injury lawyer with Ankin Law can accurately assess the value of your head injury claim. He or she will review the details of your case, gather relevant evidence, and work with medical experts to calculate the full extent of the damages you sustained. With this information, your attorney can negotiate with insurance companies or pursue a legal claim to seek appropriate compensation for your losses.
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Frequently Asked Questions About Head Injury Cases
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a severe injury to the brain caused by a sudden impact or force to the head. TBIs can range from mild concussions to severe brain damage, and the effects can be temporary or lifelong.
Symptoms of a TBI may include loss of consciousness, confusion, memory problems, headaches, and changes in mood or behavior. Treatment and recovery from TBIs can vary depending on the severity of the injury.Â
How Can a Lawyer Help in a Head Injury Lawsuit?
The help of an attorney can mean the difference between settling for less than your claim is worth and avoiding financial hardship by recovering full compensation. Self-represented injury claim are statistically less successful than those where victims retained a lawyer. When a claim is negotiated by an attorney, the case is three times more likely to result in a favorable outcome.Â
A lawyer can support your case by gathering evidence, consulting medical experts, and assessing the full extent of damages, including medical expenses, lost wages, and pain and suffering. He or she can negotiate with insurance companies and the at-fault party to reach a favorable settlement. If necessary, your attorney will litigate the case in court.Â
Who Is Responsible for a Head Injury?
The responsibility for a head injury depends on the circumstances of the initiating accident. In many cases, the person or entity that caused the accident that led to the head injury may be held liable. This could include a negligent driver in a car accident, a property owner who failed to maintain safe conditions, a healthcare provider who failed to uphold patient care standards, or a manufacturer who overlooked the risks of a defective product. Identifying the responsible party is crucial in pursuing a personal injury claim.
Helpful Resources from Our Chicago Head Injury Lawyers
How Much Can I Recover for a Head Injury at Work?
If you sustain a head injury at work, the compensation you can recover will depend on the injury’s severity and other factors. You have the right to file a workers’ comp claim to recover medical expenses and lost wages resulting from the injury, including head injuries, which can be severe, especially when involving traumatic brain injuries (TBIs). The amount of recoverable compensation varies based on each case’s specifics, with severe TBIs earning higher settlement amounts. Medical expenses, lost wages, and the type of disability you qualify for are some of the factors that determine your compensation.Â
What Constitutes a Personal Injury Claim?Â
A personal injury claim seeks compensation for damages caused by deliberate, careless, or negligent actions of others. Personal injury claims can arise from various incidents like car accidents, defective products, medical malpractice, and workplace accidents. To be successful in a personal injury case, you must prove the defendant’s wrongful actions resulted in your injuries and losses. Proving negligence requires demonstrating that the defendant owed you a duty of care, breached that duty, and that breach directly caused your injury and resulting damages.Â
Damages can include medical bills, lost wages, property damage, pain and suffering, and even punitive damages in cases of gross negligence. Hiring a personal injury lawyer on a contingency fee basis is common, and claims can be resolved through out-of-court settlements or formal lawsuits. It’s crucial to consult with a lawyer before accepting a settlement offer from an insurance company to ensure fair compensation for your losses.
What Is a Catastrophic Injury?
Catastrophic injuries, such as brain and spinal injuries, have a life-changing impact and can cause long-term physical, emotional, and financial consequences. These injuries may result in the need for ongoing care, medical devices, home modifications, and significant medical expenses. Personal injury lawyers help victims navigate the legal process to seek compensation for severe injuries. Examples of catastrophic injuries include traumatic brain injuries (TBIs), spinal cord injuries, burns, amputations, loss of senses, and disfigurement. Damages for catastrophic injuries fall into economic and non-economic categories and can be sought through personal injury lawsuits resulting from car accidents, pedestrian accidents, slip and fall incidents, violent crimes, and fires or explosions.
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