A brain injury could have life-altering effects on an individual’s life. Brain injuries present additional complexities because they might not manifest symptoms right away and instead develop over time. The damages from a traumatic brain injury might be with you for the rest of your life; however, you could be entitled to compensation to help treat your injury and provide financially for your family.

A case involving a traumatic brain injury (TBI) often presents many complexities, especially when you are attempting to prove the damage caused to your brain, which is why you should work with a reliable catastrophic injury attorney. A Cook County traumatic brain injury could help fight for the compensation needed to help you recover from this accident.

What Types of Damages Could be Recoverable?

In a TBI, the person often suffers many types of damages that stem from the injury itself. Whether a certain loss could be recoverable ultimately depends on the circumstances surrounding the cause of the brain injury, the severity of the damage, and the applicable insurance policies and policy limits. A person is eligible to receive compensation for both economic and non-economic damages.

Economic damages relate to the costs and expenses that an injured person experiences which are quantifiable. Non-economic damages relate to the subjective factors caused by an injury. Some of the common recoverable economic and non-economic damages include:

  • Medical bills and costs
  • Damage to property
  • Lost income
  • Reduced earning capacity in the future
  • Pain and suffering
  • Loss of the ability to enjoy one’s life
  • Permanent disability
  • Wrongful death

In some cases, the person’s loved ones might be entitled to recover additional damages, such as the loss of the family member’s companionship. A Cook County traumatic brain injury attorney could evaluate a case to help determine the damages that are on the table in this instance.

Filing a Traumatic Brain Injury Case

A traumatic brain injury claim is typically filed with the responsible party’s insurance company to seek compensation prior to filing a case in court. However, as soon as an insurance company receives a claim, it will likely start to build a case to discredit the injury or shift blame to the plaintiff. It is critical to understand that an insurance company is almost always looking out for its own best interests.

Insurance companies often argue that the medical testing does not conclusively show that there is a brain injury; however, brain injuries are not always present in medical testing. Additionally, it is not uncommon for the diagnostic tests on the brain to show negative findings, but impairments are noted by a medical professional upon examination and neurological tests of the injured individual.

While negotiating with the insurance company prior to filing a case with the court, the plaintiff should keep track of the deadline for filing a traumatic brain injury action. The deadline for filing a case is known as the statute of limitations, and in Illinois the statute for personal injury is two years after the time of the injury, according to 735 Illinois Compiled Statutes § 5/13-202. A TBI lawyer in Cook County could work with the insurance companies to secure a favorable result.

Contact a Cook County Traumatic Brain Injury Attorney Now

Traumatic brain injuries often cause life-changing damage that require treatment for a significant part of your life and prevent you from doing the things that you used to enjoy. With the amount of damage caused by this accident, a claim could present significant complexities that a legal professional could help with. A Cook County traumatic brain injury lawyer could fight for your legal rights and help hold the at-fault parties responsible for their negligence. Schedule a case evaluation today to learn about your options.