According to the Centers for Disease Control and Prevention, traumatic brain injuries (TBI) cause a significant number of individuals to become permanently disabled every year, as well as about a third of all injury-related deaths. If you or a loved one are dealing with the aftermath of a TBI, a Dolton traumatic brain injury lawyer could help you seek compensation for all your financial, physical, and emotional suffering. Let a dedicated catastrophic injury attorney work on your behalf and help hold the negligent party accountable for their actions.

Liability and Negligence in Dolton TBI Cases

After an accident that results in a traumatic brain injury, the plaintiff’s attorney could use the legal theory of negligence to establish the liability of the defendant in the case. The theory of negligence requires the plaintiff’s lawyer to prove to the jury that:

  • The defendant had a legal duty to the plaintiff
  • The defendant breached that duty
  • The defendant’s breach caused the plaintiff’s injury
  • The plaintiff suffered injuries and damages due to the defendant’s actions

Nearly all civil lawsuits are based around this concept of legal negligence. As such, a seasoned Dalton traumatic brain injury attorney may be able to utilize this approach to prove a defendant’s liability in court and help the plaintiff they represent recover compensation.

Joint and Several Liability Laws

Some traumatic brain injury cases have multiple defendants who may be liable for damages. For instance, in a motor vehicle accident case, numerous drivers, corporations, car manufacturers or even the entities who take care of the road could be named as defendants.

As noted in 735 Illinois Compiled Statutes §5/2-1117, defendants who are found liable for the plaintiff’s damages could face joint liability. In such a situation, each tortfeasor is independently liable for the total sum of the plaintiff’s damages, no matter their respective degrees of fault. In other words, one defendant may have a very small percentage of liability but could be held liable for the entire award.

However, Illinois law states that defendants who are less than 25 percent at fault are liable both jointly and severally for the plaintiff’s economic damages but are only severally liable for the remainder of the plaintiff’s damages. If the plaintiff settles with one defendant, the amount of that settlement would reduce the liability of the other defendants. A skilled traumatic brain injury lawyer in Dolton could help determine all liable parties and hold them accountable in court.

Compensable Damages for Injured Individuals

Injured individuals may be eligible to recover for a wide range of damages. These could include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Lost wages and earning capacity
  • Medical costs
  • Mental anguish
  • Costs for hospital stays, surgical procedures, rehabilitation, and home modification
  • Loss of consortium

A damage cap is a limit placed on the amount of damages a plaintiff could receive in a personal injury case. Each state sets its own laws about damage caps, and some states may only apply damage caps to specific types of cases or specific damage types. However, there are no damage caps in the State of Illinois, so courts can determine fair compensation based on the facts of the case without any legal restrictions.

How a Dolton Traumatic Brain Injury Attorney Could Help

You deserve legal counsel that understands and appreciates the full extent of your injuries and how they affect your everyday life. An experienced Dolton traumatic brain injury lawyer could work to demonstrate that your injuries were the direct result of another person’s negligence.

Having a well-versed attorney on your side could help you more effectively seek the compensation you need and deserve. Call today for a consultation.