Brain injuries range from temporary to permanent and from minor to life-threatening. Regardless of its severity, a brain injury requires time to heal. Many people in IL may not be able to work and perform other tasks like they did prior to the brain injury. In these situations, money can become a real impediment to recovery. If the injury was caused by another person, you might be able to demand damages or sue for compensation.
At Voss Law , our personal injury lawyer in Chicago helps clients who have suffered brain injuries caused by the negligent, reckless, or intentional act of another person. We know how these types of injuries affect people and will use our understanding and insight into these injuries to obtain maximum compensation. Contact our brain injury lawyer at (773)636-1094 today to schedule a Free Consultation.
Brain Injuries in IL
A brain injury refers to any injury that occurs to the brain and results in damage to its structure or function. These injuries range from mild to severe and may have short-term or long-term effects on an individual's physical, cognitive, emotional, and behavioral abilities. These injuries are also often the subject of both personal injury and worker's compensation claims.
Common Causes of Brain Injuries
Brain injuries can occur due to various causes, including:
- Trauma (e.g., from falls, car accidents, or assaults)
- Lack of oxygen (as in cases of drowning, suffocation, cardiac arrest, or birth injury)
- Infections
- Strokes
- Tumors
- Degenerative diseases
Keep in mind that regardless of the cause, not all brain injuries are subject to a claim. That said, if the brain injury involves a personal injury or workers' compensation claim, not only will the cause but the extent of the injury will play a role in compensation.
Factors Determining Extent of Brain Injury
The effects of a brain injury can vary widely depending on different factors like:
- Severity of the injury
- Area of the brain affected
- Individual's age
- Individual's health
- Pre-existing conditions
If you have suffered a brain injury, some symptoms to expect include headaches, dizziness, confusion, memory problems, difficulty concentrating, mood changes, and changes in behavior or personality. Once a brain injury is determined, treatment may involve medical interventions, rehabilitation therapy, and ongoing support to help individuals recover and manage their symptoms, if possible.
Types of Brain Injuries in IL Personal Injury Claims
In personal injury lawsuits, the type of brain injury is important because it can impact the amount of compensation awarded. Plaintiffs typically seek damages to cover medical expenses, lost wages, rehabilitation costs, pain and suffering, and other related expenses. Expert medical testimony is often necessary to establish the extent of the injury and its long-term effects on the plaintiff's life.
Below are nine types of brain injuries.
- Traumatic Brain Injury (TBI). This is one of the most common types relevant to personal injury cases. TBIs occur due to a sudden trauma or blow to the head. They can range from mild concussions to severe brain damage, leading to long-term cognitive and physical impairments.
- Concussion. Concussions are a mild form of TBI caused by a bump, blow, or jolt to the head. While they are often considered minor, repeated concussions or failure to properly manage them can lead to serious long-term consequences.
- Penetrating Brain Injury. This occurs when an object penetrates the skull and damages brain tissue. These injuries can be caused by gunshot wounds, sharp objects, or other penetrating trauma.
- Anoxic Brain Injury. Anoxic brain injuries occur when the brain is deprived of oxygen for a prolonged period. This can result from medical malpractice, drowning, suffocation, or cardiac arrest.
- Hypoxic Brain Injury. Similar to anoxic brain injury, hypoxic brain injury occurs when the brain receives insufficient oxygen. This can happen in various situations, including near-drowning incidents or during surgery.
- Acquired Brain Injury (ABI). Unlike TBIs, ABIs occur after birth and are not caused by trauma. These injuries can result from strokes, infections, tumors, or degenerative diseases like Alzheimer's.
- Diffuse Axonal Injury (DAI). DAI is a severe type of TBI caused by the brain rapidly moving back and forth within the skull, leading to widespread damage to nerve fibers. It often occurs in high-speed car accidents or violent shaking, such as in shaken baby syndrome cases.
- Cerebral Contusion. This involves bruising of the brain tissue, often caused by a direct impact to the head. Contusions can lead to bleeding and swelling, potentially causing significant neurological deficits.
- Non-traumatic Brain Injury. These types of brain injuries are the result of internal factors, such as disease or lack of oxygen, rather than an external force.
Some of these types of injuries overlap – for example, a TBI can also be a penetrating brain injury where a serious car accident leads to glass or metal piercing the victim's head.
Causes of Brain Injuries in IL Personal Injury Claims
A personal injury claim is based on situations where another person or entity causes the brain injury through a negligent, reckless, or intentional act.
Some of the most common causes of TBIs include:
- Truck, car, motorbike, or bicycle accidents resulting in head trauma
- Birth injuries
- Sports injuries, such as tackles or collisions
- Falls, for example, in the home or on trips
- Assaults, such as a punch that causes the victim to fall to the ground and hit their head
- Gunshot injuries to the head
- Domestic violence or child abuse, including shaken baby syndrome (where an adult forcefully shakes a baby, often in frustration or anger, causing swelling, bruising, or bleeding on the brain)
Common causes of non-traumatic brain injuries include:
- Medical incidents such as seizures, strokes, aneurysms, or brain tumors where, for example, they resulted from medical malpractice
- Infectious diseases like encephalitis or meningitis where, for example, they resulted from medical malpractice
- Carbon monoxide poisoning where, for example, it resulted from a defective product
- Loss of oxygen as a result of drowning or choking, for example, where a lifeguard was negligent at a private swimming pool
- Drug overdoses where, for example, medical malpractice caused it
- Electric shocks where, for example, a product was defective
Effective legal representation in IL will be the key to ensure that the cause is directly linked to the type of brain injury in order to ensure maximum compensation.
Causes of Brain Injuries in IL Workers Comp Claims
A workers' comp claim is based on situations where the victim is injured because of their work or while working. Workplace brain injuries can occur in various industries and job roles. Common causes of brain injuries in the workplace include:
- Falls. Slips, trips, and falls from heights or on the same level can cause head injuries, including falls from ladders, scaffolding, or uneven surfaces.
- Struck by Objects. Being struck by falling or moving objects, such as tools, equipment, or materials, can lead to brain injuries.
- Vehicle Accidents. Accidents involving cars, trucks, forklifts, or other machinery can result in head trauma.
- Assaults and Violence. Physical assaults or violent incidents in the workplace can cause brain injuries.
- Explosions and Blasts. Explosions or blast events, common in construction, mining, and military settings, can cause traumatic brain injuries.
- Exposure to Hazardous Materials. Exposure to toxic chemicals or substances can lead to neurological damage and brain injuries over time.
- Falling Debris. In construction or demolition sites, falling debris can result in head injuries.
- Machinery Accidents. Accidents involving heavy machinery or equipment, such as cranes or industrial machines, can cause severe head injuries.
- Electrical Accidents. Electrocution or electrical shocks can lead to brain injuries due to the impact of the current on the body.
- Concussions from Repetitive Motions. In some sports or physical job roles, repeated head impacts can cause concussions and long-term brain injuries.
- Inadequate Safety Measures. Lack of proper safety gear, such as helmets, or inadequate safety protocols can increase the risk of brain injuries.
- Confined Spaces. Working in confined spaces with the risk of head bumps or exposure to harmful gasses can lead to brain injuries.
Implementing proper safety protocols, providing appropriate personal protective equipment (PPE), and ensuring a safe working environment can help mitigate these risks. It is the employer's responsibility to do so, and if not, in some cases, a personal injury claim may be applicable and provide more compensation than a workers' comp claim.
Possible Short- and Long-Term Consequences of Brain Injuries
Depending on the nature of the injury, the effects of a brain injury may be immediately apparent or develop over time. The injury can result in short-term consequences that quickly resolve or permanent conditions that affect every aspect of a person's life.
The brain plays a crucial role in every bodily function. A brain injury can have wide-ranging effects on a person's cognitive functioning, behavior, physical abilities, social skills, and general quality of life.
Potential consequences of a brain injury include:
- Concussion
- Confusion
- Headaches
- Memory issues
- Poor balance or dizziness
- Mood or personality changes
- Lack of insight
- Inability to read social cues
- Speech difficulties
- Tremors
- Changes in hearing, sight, smell, or taste
- Vision issues, for example, double vision
- Difficulties with day-to-day activities such as bathing, cooking, or shopping
- Difficulties learning and retaining new information
- Fatigue
- Coma
- Traumatic epilepsy
Serious brain injuries can also cause death. The more serious the consequences and their impact on the victim's quality of life could increase the damages the victim receives.
Compensation in IL for Brain Injuries
If you've sustained a brain injury as a result of a workplace accident or someone else's negligence, there are several avenues to seek potential compensation.
If your injury occurred at work, you may be eligible for workers' compensation to cover your medical costs and lost wages. The availability and application of workers' compensation vary between states.
Alternatively, if you can demonstrate that your brain injury was caused by another person's negligence, you may be able to file a personal injury lawsuit. This allows you to seek both economic damages—such as past and future medical costs and lost wages—and non-economic damages, including pain and suffering, emotional distress, and loss of intimacy with your spouse.
Brain Injury Complications' Impact on Personal Injury Lawsuits
Due to their nature and presentation, brain injuries are a complex feature of personal injury lawsuits.
The impact can be life-long, extending well beyond the time it takes to settle or win a compensation claim. It can also take some time to discover a brain injury, with new symptoms emerging months or even years after an incident. What first appears to be a mild injury can later lead to a much more serious diagnosis and a broader impact on the injured person's life.
For these reasons, if you have a potential brain injury you should seek medical assistance immediately after your accident or the incident that caused it. It's also important to keep copies of your related medical documents to discuss with our personal injury attorney.
When preparing a personal injury case, an attorney will ensure all economic and non-economic damages—including future ones—are included. Expert witnesses are often key to putting this evidence before a court. They can explain the ongoing consequences of an ABI for an injured person to ensure they receive the compensation they are entitled to.
Contact a Personal Injury Attorney in Chicago Today
To file a personal injury claim or even a workers' comp claim in IL for a brain injury requires adherence to the procedures, including deadlines. Time is of the essence, especially if there is a gap between the date of the incident causing the injury and the date of learning of the injury. Contact Voss Law at (773)636-1094 today to schedule a Free Consultation.
