A traumatic brain injury, or TBI for short, is defined as a nondegenerative, 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.
Unfortunately, a traumatic brain injury’s effects can either be temporary or permanent depending on the extent and severity of the injury. Therefore, it is important for anyone who has suffered a brain injury in an accident to understand their legal rights.
Traumatic brain injury cases can be incredibly complex, so it could be critical that you 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 Naperville traumatic brain injury lawyer could help you hold those responsible liable for your injuries and losses and fight to ensure you receive the compensation you deserve.
Common Causes and Symptoms of TBIs
The mild traumatic brain injury committee of the American Congress of Medicine cites three major sources of traumatic brain injuries: the head being struck, the head striking an object, or the brain undergoing a sudden acceleration movement. Some of the events that most often cause TBIs include:
- Medical errors, especially during childbirth
- Motor vehicle crashes
- Falling accidents
- Workplace accidents
- Sports-related collisions
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 traumatic brain injury can result in serious cognitive difficulties, including a loss of memory, lack of concentration, or a change in speech or language.
Traumatic Brain Injury Liability in Naperville
When a person suffers an injury because of another person’s actions or inactions, 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—ideally with help from a Naperville traumatic brain injury attorney—the following elements:
- The existence of a duty of care on the part of the defendant for the plaintiff
- A breach of that duty
- Injury or damages to the plaintiff
- Proximate causation of those injuries by the defendant’s breach of duty
Illinois courts follow a theory of modified comparative negligence, codified under 735 ILCS 5/2-1116. Under modified comparative negligence theory, a person who has suffered a traumatic brain injury can recover compensation so long as they are not deemed more than 50 percent at fault for an accident.
Call an Experienced Naperville Traumatic Brain Injury Attorney Today
If you or a loved one suffered a traumatic brain injury due to someone else’s negligent actions, contact a Naperville traumatic brain injury lawyer today. A qualified attorney could work with experienced medical professionals to help prove your case and help you heal from your injuries physically, financially, and emotionally.
