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.
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:
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:
In Wheaton, a plaintiff who wishes to file a lawsuit for negligence must prove four elements:
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.
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.
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.