Brain injuries are some of the most devastating wounds a person can suffer. When negligence leads to traumatic brain injuries, the Clifford Law Offices can help. Our Chicago brain injury attorneys have more than 30 years of experience representing clients in civil actions, including brain injury lawsuits.
A brain injury is not only physically and psychologically devastating; it can also lead to significant economic losses. If you are unable to return to work or perform at the same level, you may suffer lost wages. We can help a brain injury victim and his or her loved ones determine the best available options for financial recovery. Our reputation as knowledgeable and trustworthy lawyers gives your case immediate weight. Other attorneys routinely send us their most complex cases, confident that we can provide effective counsel to these clients.
A brain injury may result in permanent disabilities, prevent the victim from returning to work, and interfere with basic, everyday tasks. Many people who suffer brain injuries develop long-term or permanent medical conditions that require constant care and supervision.
Many types of brain injuries can lead to lawsuits. Generally, the determining factor is whether another party’s negligence caused the brain injury in question. Plaintiffs in brain injury cases must not only prove the defendant owed them a duty of care and breached it, but also that this breach of duty was the direct cause of the plaintiffs’ damages. Plaintiff must also provide evidence that shows the extent of their damages, which can include:
The plaintiff can sue for the costs of immediate and future medical treatment necessary after a brain injury. Most traumatic brain injuries require immediate medical care; without treatment, potentially life-threatening complications may develop. A brain injury may also require extensive rehabilitation like physical therapy, speech therapy, occupational therapy, and multiple surgeries.
A brain injury will require a long recovery time in most cases, and a plaintiff can claim the wages lost during that time as damages in a personal injury claim.
If the defendant’s negligence also damaged or destroyed any of the plaintiff’s personal property, such as a vehicle in a car accident, the plaintiff can claim repair or replacement costs as damages.
The jury hearing a brain injury case will take expert witness testimony into account to determine appropriate compensation for the plaintiff’s physical pain, emotional trauma, and mental anguish following a brain injury. For example, a plaintiff with a moderate concussion may experience a few weeks of intense headaches until symptoms subside. Another plaintiff who developed a permanent disability is no longer able to work or live independently. In these examples, the second plaintiff’s pain and suffering recovery would likely be much greater than the first plaintiff’s. There are no caps on pain and suffering compensation in Illinois.
If the defendant’s behavior was egregiously negligent or an intentional tort like a physical assault, the jury may award punitive damages to further punish the defendant.
If you or a loved one suffered a brain injury due to another party’s negligence, you can hold the responsible party accountable with a personal injury lawsuit. Your brain injury lawyer will need to prove that the defendant owed you a duty of care and then breached that duty of care in some way. Next, your brain injury lawyer will need to prove the defendant’s breach of duty was the direct or proximate cause of your damages and provide proof of the extent of those damages.
A brain injury lawsuit can help you or your loved ones to recover significant compensation for the results of another party’s negligence. The Chicago brain injury attorneys at the Clifford Law Offices have represented clients in civil actions since 1984, and we can put our experience to work in your brain injury lawsuit. Contact our office today to schedule a free case evaluation with one of our attorneys.