A traumatic brain injury (TBI) occurs when an object, such as a bullet, strikes an individual’s head or penetrates the skull. These types of catastrophic injuries may cause lifelong damage to the brain, requiring extensive medical care.

If someone else’s negligence caused your brain injury, a Hazel Crest traumatic brain injury lawyer could help you get the compensation you need during your healing process and beyond.

See a Doctor as Soon as Possible After a TBI

Any victim of head trauma should immediately contact a physician to assess the damage. Although traumatic brain injuries may seem mild at the onset, symptoms often take time to develop. A nearby injury attorney could review the physician’s diagnosis to help determine how much financial compensation a victim may expect.

Common Causes of Traumatic Brain Injuries

About 1.7 million Americans are victims of traumatic brain injuries each year. Common causes of TBIs are:

  • Sports and recreation injuries, including diving, playground accidents, football, boxing, and skateboarding
  • Falls, including slip and falls in bathtubs, and falls from heights such as off ladders and down flights of stairs
  • Motor vehicle crashes
  • Criminal acts such as shootings, domestic violence, and child abuse
  • Explosions at worksites and in combat

Victims of traumatic brain injuries should contact an accident attorney in the area to discuss the facts of an individual case.

Traumatic Brain Injury Can Be Caused by Negligence

If someone suffers from a TBI, an experienced attorney could review evidence to determine if a civil lawsuit based on the tort of negligence (§735 ILCS 5/2-1116) is possible. An individual will have to prove that the person being sued had a duty to keep the victim safe, but acted recklessly and harmed the victim. A lawyer with experience in head trauma can explain how the courts may determine negligence.

Illinois is a Modified Comparative Negligence State

Negligence cases are not always cut and dried. Sometimes accident victims may do something that makes them partly responsible for the accident.

Under §735 Illinois Compiled Statutes 5/2-1116), courts must find the victim no more than 50 percent liable for the accident in order to recover damages. Any award granted to the plaintiff is reduced by the percentage of responsibility allocated to them.

If the courts find the plaintiff more than 50 percent responsible, the courts will rule for the defendant. A local attorney can study the facts of a case and estimate how liable a defendant might be.

Statute of Limitations for Traumatic Brain Injury Cases

People who suffer traumatic brain injuries due to others’ negligence must file a personal injury lawsuit within two years of the incident to ensure that evidence is fresh. In rare cases, the court may toll or pause the two-year period if the victim is under 18 or is mentally incompetent at the time of the incident.

A Hazel Crest Traumatic Brain Injury Lawyer Is On Your Side

If you are suffering from a brain injury caused by someone else, you may feel as though your life turned upside down. Focus on getting well, and let a Hazel Crest traumatic brain injury lawyer fight for you. Call now for your free consultation.