The brain controls virtually all the body’s functions, making it extremely vulnerable to damage. Anyone who suffers a traumatic brain injury (TBI) may experience a significant decline in their ability to think properly and perform daily activities.
While reckless or careless behavior could lead to accidents that result in life-long damage, an Orland Park traumatic brain injury lawyer may be able to provide help if you were hurt due to someone else’s negligence. With the assistance of a qualified catastrophic injury attorney, you may be able to file a civil claim for damages suffered as a result of a TBI.
TBI cases may rely on proving negligent behavior by one or more parties. An Orland Park lawyer might examine the facts of a situation, including any medical records or reports related to the accident, to help determine whether and how negligence occurred in a traumatic brain injury case.
Plaintiffs who demonstrate negligence on the part of the defendant(s) in their case may be able to recover damages to assist with the costs of their injuries. Recoverable damages may be economic and non-economic in nature—respectively, those with a fixed dollar value, and those that are more subjective and intangible.
Damages of an economic nature could include medical bills, rehabilitation therapy costs, lost wages, loss of future earning capacity, and long-term care expenses. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and a shortened life expectancy. A compassionate attorney could help an injured person determine which damages they could pursue.
While individuals who are partially at fault for the accident that injured them are unable to seek civil recovery in some states, Illinois follows a theory of modified comparative negligence listed in 735 Ill. Comp. Stat. §5/2-1116. This means that individuals who have suffered injuries in an accident may still be able to file a personal injury claim.
If an injured party is found 51 percent or more at fault for an accident, they would be unable to recover any damages. If an individual is found to be less than 50 percent at fault, any awarded damages may be impacted by the percentage of fault they themselves bear.
If an injured party is 20 percent at fault for the accident their case is about, they would only be eligible to recover 80 percent of their total damages. It could be vital to detail all the events surrounding an accident when consulting with an Orland traumatic brain injury lawyer since liable parties often attempt to bring unwarranted comparative negligence claims against an injured person.
Like most states, Illinois law establishes a statute of limitations that sets a deadline for filing traumatic brain injury claims. Individuals must file a suit within two years from the date that they sustained injuries.
There are a few legal exceptions depending on the situation that produced injury. Individuals may wish to consult with a lawyer experienced with traumatic brain injury suits in Orland Park to determine when they should file. Anyone who fails to file by the deadline risks losing their ability to seek damages altogether.
Serious injuries may require extreme and expensive medical care. If you suffer a traumatic brain injury because of another person’s reckless or intentional action, you may have the right to recover damages for your losses.
An Orland Park traumatic brain injury lawyer may be able to answer your questions about potential legal claims. Contact an attorney today and schedule a free consultation to discuss the events leading to, during, and following your accident.