Our brain is one of the most complex and invaluable organs of our body. When someone suffers a brain injury through another person’s negligence, however, their life can be completely altered.
If you have suffered a brain injury in Chicago because of someone else’s carelessness, you are entitled to compensation for your losses. This compensation can not only help cover the costs of medical treatment but also cover likely long-term rehabilitation expenses, lost income, and other potential expenses related to your injury that might need to be covered in the future. With the help of our attorneys, you can build a case that has the best chance of getting justice for the harm done to you. These cases can be complex, often necessitating the guidance of a legal professional to hold the responsible parties liable.
For a free case assessment with our brain injury attorneys, call Rhatigan Law Offices at (312) 578-8502.
Common Types of Brain Injuries that Lawsuits Can Be Filed for in Chicago
Traumatic brain injuries represent some of the most challenging and devastating cases in Chicago. Given the complexity of these cases and the profound impact brain injuries can have on individuals’ lives, the help of our brain injury attorneys is not just beneficial, it is essential. With the support of our team, victims can get the compensation they need regardless of the severity of their injuries. The following are common brain injuries that we seek compensation for in Chicago:
Contusions
A contusion is essentially a bruise on the brain resulting from a direct impact on the head. Such injuries often occur in car accidents, falls, or sports-related incidents where the head strikes an object or an object strikes the head with considerable force.
In some cases, contusions might require surgical intervention to alleviate pressure on the brain. When negligence is a factor, such as in a car accident because of reckless driving or inadequate safety measures in sports, victims might seek compensation through legal action.
Concussions
Concussions are the most common type of brain injury, often occurring in various settings, including traffic collisions, workplace accidents, and athletic activities. They are considered mild brain injuries but can have significant short and long-term effects.
Symptoms typically include headaches, dizziness, confusion, and memory problems. Legal claims for concussions usually arise when the injury results from someone else’s negligence, such as an employer failing to provide proper safety equipment or a driver causing an accident.
Penetrating Injuries
Penetrating brain injuries occur when an object breaks through the skull and enters the brain tissue. These injuries are severe and often result in catastrophic outcomes.
Common causes include gunshot wounds and accidents involving sharp objects. Lawsuits involving penetrating brain injuries usually center around acts of violence or accidents where there was a clear failure to ensure safety, such as improper storage of firearms or unsafe construction sites.
Diffuse Axonal Injuries
Diffuse axonal injuries involve damage to the brain cells without necessarily causing physical movement of the brain within the skull. They are often the result of high-speed accidents that cause the brain to shake rapidly back and forth, shearing or tearing the brain’s long connecting nerve fibers, known as axons.
Diffuse axonal injuries can lead to coma, permanent brain damage, or death. Lawsuits often involve complex litigation, given the severity of the injuries and the need to prove negligence, such as in high-speed car crashes or severe sports accidents. In many cases, medical experts will need to be called as witnesses to explain these complex injuries and their impact on the individual’s life.
Anoxic and Hypoxic Injuries
Anoxic brain injuries occur when the brain is deprived of oxygen entirely, while hypoxic injuries refer to situations where the brain receives some oxygen but not enough. Causes can include drowning, choking, cardiac arrest, and complications from medical procedures.
Legal claims related to anoxic and hypoxic injuries often involve medical malpractice claims or negligence in supervising swimming pools and other areas where such injuries are likely to occur.
Parties that Can Be Held Liable for Brain Injuries in Chicago
The complexity of brain injury cases lies in their varied causes. Recognizing the responsible parties requires a thorough investigation into the causes and circumstances leading to your injury. The following are parties that are usually held responsible for brain injuries in Chicago:
Drivers
In Chicago, vehicle accidents are a common cause of brain injuries. Drivers who operate their vehicles negligently, whether through speeding, impaired driving, or violating traffic laws, can be held liable for the injuries they cause.
Furthermore, if a commercial vehicle is involved, the employing company might also bear responsibility under the doctrine of vicarious liability, which holds employers accountable for the actions of their employees while on the job.
Property Owners
Property owners in Chicago have a legal obligation to ensure their premises are safe for visitors. When a person sustains a brain injury because of hazardous conditions on someone else’s property, such as a slip and fall incident, the property owner or manager might be liable. This falls under premises liability law, which requires owners to maintain their properties and address potential dangers.
Product Manufacturers and Designers
Defective products, including faulty helmets or unsafe recreational equipment, can also lead to brain injuries. In such cases, the manufacturers, designers, and distributors of these products might be held liable under product liability law. This includes injuries caused by defective design, manufacturing defects, or inadequate warnings and instructions.
Sports Organizations and Recreational Facilities
Sports-related brain injuries, particularly in contact sports like football or soccer, raise questions about the liability of sports organizations and recreational facilities. These entities might be held responsible if they fail to enforce safety protocols, provide adequate protective gear, or properly train athletes and coaches. The duty to protect participants from unnecessary harm extends to school sports programs and professional leagues alike.
Employers
Workplace accidents are another potential source of brain injuries, especially in industries involving physical labor or the use of heavy machinery. Employers can be held liable for brain injuries sustained on the job if they fail to comply with safety regulations, provide proper training, or maintain a safe working environment.
Medical Professionals and Healthcare Providers
Medical malpractice claims arise when healthcare professionals, including doctors and nurses, provide substandard care that results in a brain injury. This could involve surgical errors, misdiagnosis, or improper management of a medical condition.
Victims must prove that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury.
Government Entities
In certain situations, government entities might be liable for brain injuries. This includes injuries resulting from accidents on public transportation, poorly maintained roads, or negligence by government employees.
However, pursuing claims against government bodies involves specific procedural requirements, including shorter deadlines for filing notices of claim.
Our Chicago Brain Injury Attorneys Can Help
Our brain injury lawyers at Rhatigan Law Offices can provide you with a free case review by calling us at (312) 578-8502.
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