A traumatic brain injury is one of the most serious medical conditions that can result from an accident. According to the CDC, 153 people in the US die from injuries that include traumatic brain injury every day. Even those who survive can still face severe and lasting effects.
If another person’s carelessness causes you to suffer an injury that disrupts the normal functioning of your brain, you may be eligible to pursue financial compensation with a personal injury attorney’s assistance. An experienced Wheaton traumatic brain injury lawyer could help you recover the damages you need to receive the proper care and treatment and optimize your recovery.
Leading Causes of Traumatic Brain Injuries
Certain activities put people at greater risk of brain injuries than others, such as engaging in contact sports. In other situations, however, such injuries may be caused by someone else’s negligence.
Among the leading causes of brain injuries caused by other people’s behavior are:
- Slips and falls – Whether due to a spill, unsecured flooring or other property safety risk, falls are one of the top reasons people suffer traumatic brain injuries
- Assault – A violent blow to the head or body or other physical violence commonly results in a brain injury
- Automobile accidents – Not only can a traumatic brain injury stem from a driver or passenger striking an object inside their car, but it can also be caused by whiplash, making crashes a frequent source of this kind of condition
Consequences of Traumatic Brain Injuries
Depending on the circumstances, the effects of a traumatic brain injury can be relatively mild and short-lived. Unfortunately, however, many people suffer serious and lifelong consequences as a result of such an injury, including but not limited to:
- Coma or other states of consciousness
- Impairment of memory
- Seizures
- Loss of coordination or movement
- Severe headaches
- Vision or hearing loss
- Difficulty speaking or writing
- Confusion
- Personality changes
Establishing Negligence in TBI Injury Cases
In Wheaton, a plaintiff who wishes to file a lawsuit for negligence must prove four elements:
- Duty – The defendant owned them a legal duty under the circumstances
- Breach – The defendant breached their duty, either through their actions or by failing to act
- Proximate cause – The defendant’s breach directly caused the plaintiff’s injuries
- Damages – The plaintiff suffered damages as a result of their injuries
In some cases, the plaintiff may also be found at fault for the incident that caused their brain injury. In Illinois, under 735 ILCS 5/2-1116, they may still recover damages if they are not more than 50 percent at fault. Any economic or non-economic damages, however, would be diminished in proportion to the amount of fault attributable to them.
Allowable Damages
Since a traumatic brain injury can result in significant losses, plaintiffs may be awarded both economic and noneconomic compensatory damages. Economic damages include bills for current and future medical care and treatment, any property damage, and loss of wages or future earning potential. Noneconomic damages, on the other hand, are intended to compensate a plaintiff for intangible losses such as pain and suffering and loss of enjoyment of life.
The state of Illinois also allows a plaintiff to be awarded punitive damages if a defendant is found to have acted with malicious intent or reckless indifference to the risk of harm and safety of others. In Illinois, punitive damages in personal injury cases are capped at three times the amount of economic damages.
Talk to a Wheaton Traumatic Brain Injury Attorney Today
As you work to recover from your injuries and regain your life, a knowledgeable Wheaton brain injury lawyer could help you hold the responsible party accountable and seek compensation for your losses. To schedule a consultation and get started on your case, call today.