Naperville, IL Brain Injury Lawyer

Accidents of any kind tend to be unpredictable. You might walk away miraculously unscathed or have serious injuries that need immediate medical attention. Brain injuries are arguably some of the worst and most complicated injuries a person might encounter.

Brain injuries might arise from any number of accidents or incidents. Car accidents, slip and fall injuries, and even defective products might lead to brain injuries. Still, some people suffer brain injuries because they are violently assaulted. Alternatively, someone might experience brain damage because of negligent medical care. How your injuries occurred may determine how we approach your case from a legal standpoint. We can file a personal injury claim for accidents and certain intentional torts. A medical malpractice claim might help you get fair compensation if a negligent doctor injured you. Depending on your situation, we will likely need medical records to help us prove your claims. We might also need evidence from the scene of the accident. Damages tend to be high in brain injury cases because plaintiffs often live with severe and long-term complications.

Call (312) 578-8502 to get a free, private evaluation of your claims from our brain injury lawyers at the Rhatigan Law Offices.

Possible Causes of Brain Injuries in Naperville, IL

Brain injuries may be incredibly painful and leave victims with lasting complications. Brain injuries are not always obvious. If you sustain a head injury, you should be checked out by a doctor immediately, even if you think your injuries are minor.

Accidents are a common reason behind many brain injuries. You might have been injured in a vehicle collision. Perhaps your head was slammed against the steering wheel or dashboard. Maybe you were thrown from the car and hit your head. The person who caused your accident may be held liable for your injuries and damages.

Some people experience brain injuries because they were violently assaulted. Assaults are unfortunately common and often lead to criminal charges for assailants. Maybe you were hurt in a bar after some other patron had too much to drink. Maybe you were injured in your car because of another driver in a fit of road rage. If you believe someone else hurt you on purpose, talk to your lawyer about it and report the incident to the police if you have not already.

Some brain injuries are the result of negligent doctors. Medical care can be somewhat hard to predict. While some patients respond well to treatment, others do not. Malpractice might be an issue where doctors provide treatment that is below the standard of care. A patient might suffer brain injury for any number of reasons. Maybe surgery went wrong, and your brain was deprived of oxygen for too long. Maybe you had a brain injury that the doctor negligently failed to detect and treat before it became much worse.

Filing a Lawsuit for a Brain Injury in Naperville, IL

Talk to your attorney about how your brain injury happened. Our brain injury attorneys will approach your case differently depending on how you were hurt and who we believe is responsible.

Personal Injury Lawsuit

Many injury cases fall under the broad legal umbrella of personal injury law. A personal injury may be almost any kind of bodily injury. For the most part, personal injury claims include many different types of accidents and intentional torts.

The statute of limitations for personal injury claims is under 735 I.L.C.S. § 5/13-202 and provides you only 2 years to file your case beginning on the day you were injured. For example, if you were injured in a car accident, you would have 2 years from the day of the accident to get your claims into court.

This statute of limitations applies to accidents and intentional torts. So, if you were violently assaulted and suffered a brain injury, you may have 2 years from the day of the assault.

Medical Malpractice Lawsuit

Medical malpractice rules work a bit differently. The statute of limitations can be found under 735 I.L.C.S. § 5/13-212(a) and gives a potential plaintiff 2 years from the date of discovery but no longer than 4 years after the injuries occurred.

It is important to note that your time limit begins on the day you realize your injuries are the result of medical malpractice. It is not unusual for medical malpractice to fly under the radar for weeks, months, or even years. For example, suppose you or a loved one suffered a stroke that damaged the brain, leading to serious cognitive disabilities. You might not realize the stroke occurred because the doctor negligently missed the signs of a stroke. Maybe you only realize the previous doctor’s negligence after having your case reviewed by a new doctor.

If you were a minor when the malpractice occurred, you may have a longer time to take legal action. According to 735 I.L.C.S. § 5/13-212(b), a minor has 8 years to file a case but may file no later than their 22nd birthday.

Evidence You Need in a Brain Injury Case in Naperville, IL

Brain injuries are complicated, medically speaking. As such, medical records are an extremely important piece of evidence in brain injury cases. We need your medical records to show the extent and severity of the injury and how it affects your daily life. Brain injuries often lead to debilitating cognitive disabilities, and many plaintiffs can no longer work or live on their own.

Next, we need a medical expert who can review your records and testify about how your injuries occurred. This kind of testimony can be extremely important and persuasive to a jury.

We should also gather evidence that connects your injuries to the defendant’s behavior. If you were injured in an accident, we should talk to witnesses and gather photos or videos from the accident scene if they exist.

Potential Damages in a Naperville, IL Brain Injury Case

Damages in brain injury cases may be quite considerable. People with brain injuries often live with severe disabilities and serious medical complications. The financial and emotional toll of a brain injury may be startlingly high.

Economic Damages

Keep track of the many financial expenses you encounter because of your injuries. This often stems from costly medical care. Brain injuries are rarely simple to treat. They can be extremely complex and expensive to treat. Many injured victims require long-term care over many years or even forever. Talk to your lawyer about claiming any current medical costs you have encountered in addition to reasonably anticipated future medical costs.

You should also think of the money you will lose because of your injuries. People living with traumatic brain injuries often cannot work or live on their own. You can claim the cost of your lost income and the cost of hiring private nurses or other people to assist you at home.

Non-Economic Damages

Non-economic damages encompass the vast emotional trauma and suffering that many people with brain injuries live with. Your injuries might have robbed you of a fulfilling and lucrative career. Maybe you can no longer enjoy your life the way you once did. While these painful experiences are subjective and not directly tied to economic costs, they should still be monetarily compensated.

Punitive Damages

Punitive damages are designed to punish defendants for especially shocking behavior rather than compensate plaintiffs for their losses. While punitive damages are available in certain personal injury cases, they are categorically barred in medical malpractice cases.

If you file a personal injury claim, punitive damages might be available if the defendant acted in a way that shocks the conscience. Under 735 I.L.C.S. § 5/2-1115.05(a), these damages are awarded only if actual damages are awarded. Also,  punitive damages may not exceed 3 times the value of economic damages.

According to 735 I.L.C.S. § 5/2-1115.05(b), we must show by clear and convincing evidence that the defendant acted with an evil motive or a reckless and outrageous indifference to a serious risk of harm and with conscious indifference to the safety of others. This is a high bar to meet even when punitive damages are on the table. As such, these damages tend to be rare.

For an Initial Case Review, Call Our Naperville, IL Brain Injury Attorneys

Call (312) 578-8502 to get a free, private evaluation of your claims from our brain injury lawyers at the Rhatigan Law Offices.