Traumatic brain injury cases can be incredibly complex, and it may be important for you to turn to a personal injury attorney who understands both the legal and medical components of a traumatic brain injury case. If you or a loved one suffered a traumatic brain injury, a Cicero traumatic brain injury lawyer could help you hold the relevant parties liable for your injuries and losses. Trust a dedicated catastrophic injury attorney to work to ensure you receive the compensation you deserve.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is defined as a non-degenerative, non-congenital injury to the brain that is caused by an external mechanical force. According to the Centers for Disease Control and Prevention, traumatic brain injuries are incredibly prevalent in the United States, with a reported 1.7 million people suffering from a brain injury every year.
Those who suffer from a traumatic brain injury may experience physical symptoms such as intense nausea, vomiting, persistent headaches, and other sensory losses. In addition, a TBI can result in serious cognitive difficulties, including a loss of memory, lack of concentration, or a change in speech or language. As traumatic brain collision attorneys know, a traumatic brain injury’s effects can sometimes be permanent depending on the extent and severity of the injury.
Common Causes of Traumatic Brain Accidents
The mild traumatic brain injury committee of the American Congress of Medicine cites three major sources of traumatic brain injuries. A traumatic brain injury can be caused by the head being struck, the head striking an object, or the brain undergoing a sudden acceleration movement. Some of the events that commonly cause traumatic brain injuries include birth injuries, car accidents, slip and fall accidents, workplace accidents, and sports accidents.
Varying Forms of Brain Injuries
There are several different types of traumatic brain injuries that a traumatic brain injury lawyer in Cicero could help with, including:
- Penetrating brain injuries
- Anoxic brain injuries
- Primary brain injuries
- Secondary brain injuries
- Closed head injuries
Each of these types of TBI presents its own challenges for both the accident victim as well as their family, all of which a Cicero traumatic brain injury lawyer could help with.
Determining Liability in a TBI Case
When a person suffers an injury because of another person’s actions or inaction’s, they may file a personal injury lawsuit under a theory of negligence. Negligence is defined in the Illinois Pattern Jury Instructions as “the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not, under circumstances similar to those shown by the evidence.”
A majority of traumatic brain injury lawsuits are premised on a theory that one or more people were negligent. This necessitates proving the following elements:
- The existence of a duty owed from the defendant to the plaintiff
- A breach of that duty
- Injury or damages to the plaintiff
- Proximate cause of said injury or damages by the defendant’s breach of duty
Illinois courts follow a theory of modified comparative negligence, codified under 735 ILCS 5/2-1116. Under a modified comparative negligence theory, a person who has suffered a traumatic brain injury can recover damages, provided that they are not deemed more than 50 percent at fault for an accident.
Call an Experienced Cicero Traumatic Brain Injury Attorney Today
If you or a loved one suffered a traumatic brain injury in a car accident, workplace injury, sports accident, or assault, contact a Cicero traumatic brain injury lawyer today. A traumatic brain injury attorney could work with experienced medical professionals to help prove your case and facilitate your physical, emotional, and financial recovery. Call today to get started.
