If you are suffering from a traumatic brain injury (TBI), you probably feel that your life has been upended. These injuries often happen without warning and can severely disrupt brain function in potentially life-changing ways. With the help of a Lake County traumatic brain injury lawyer, though, you may be able to receive compensation for your injury if you can successfully attribute it to someone else’s actions.
Alongside a dedicated catastrophic injury attorney, you could work to craft a civil case that highlights the link between your injury and the negligence of another person. By fighting to hold the responsible party accountable, you may be able to recover damages to cover the costs of your injury and bring you the justice you deserve.
The Centers for Disease Control and Prevention (CDC) report that 40 percent of brain injuries that lead to death or hospitalization are due to falls. In addition, about 15 percent of TBIs in the United States are due to strikes from blunt objects, and an additional 14 percent stem from motor vehicle collisions.
In many of these situations, the injury is the result of negligence by individuals or businesses who hold a duty of care to others around them or on their property. Fortunately, all victims of legal negligence have the legal right to fight for compensation for their injuries, but they must do so within the appropriate legal timeline or risk losing out on their chance for restitution.
As per 735 Illinois Compiled Statutes 5/13-202, victims of traumatic brain injuries have a maximum of two years after their injury to file any lawsuit they elect to pursue. The statute of limitations for lawsuits against a city or county government in Illinois is set to one year.
The only exception to this rule is if the date of discovery is later than the date of the injury. In this case, the time frame can be extended, but only if the injured individual can prove to the court that they could not have reasonably discovered the injury at an earlier date. A skilled Lake County traumatic brain injury lawyer could help an injured individual file a claim within the statute of limitations.
Since Illinois follows “at fault” rules for personal injury cases, victims of traumatic brain injury must prove that their injury was directly due to the negligence of the defendant. In addition, if the court finds the victim was partially responsible as well, their compensation could be reduced in accordance with 735 ILCS /2-1116.
For instance, if the court finds a plaintiff 10 percent at fault for a car accident because they were speeding, they would only be entitled to 90 percent at most of whatever damages they were eligible to seek recovery for. However, if that same plaintiff were deemed 51 percent or more at fault, they would be ineligible to receive any compensation whatsoever.
If you or a loved one is struggling with a TBI and have reason to believe it was due to the negligence of another person or company, contact a Lake County traumatic brain injury lawyer. A compassionate and experienced attorney could fight vehemently against the opposing counsel on your behalf and help you pursue compensation for lost wages, medical costs, pain and suffering, and more. Call today and get started on your claim.