Traumatic Brain Injury
Serious brain traumas are often permanent injuries that require years of therapy and expensive medical treatment. Pursuing compensation in a lawsuit against the responsible party can be an important and necessary financial decision. For over 30 years, the Chicago brain injury attorneys at Leopold & Associates have represented Chicago residents and others in claims based on motor vehicle accidents or medical malpractice. We can take the time to learn about the details of your traumatic brain injury case and advise you on your legal options.Common Causes of Traumatic Brain Injuries
Traumatic brain injury, often shortened to TBI, is a complex brain injury that occurs when an external force causes brain dysfunction. There are many common occurrences that cause this type of harm, including situations that arise due to another person’s negligence. For example, car crashes may result in brain injuries to victims such as motorcyclists, bicyclists, and pedestrians, who are more exposed and vulnerable to head trauma. Similarly, slip and fall accidents involving head trauma can lead to brain injuries that require long term treatment. TBI also can be the result of penetrating wounds, bleeding, bruising, torn tissues, and other physical damage to the brain that occurs during flawed medical procedures.Hold a Negligent Party Accountable for Damages
If you or a loved one has suffered a traumatic brain injury as the result of another’s wrongful or careless actions, you may have a claim against that party to pursue compensation for the harm that you have suffered. The lawsuit generally will be based on the legal theory of negligence, which requires showing the four elements of duty, breach, causation, and damages. In most situations, each of us owes a duty of reasonable care to those who could be affected by our conduct. This means refraining from needlessly hazardous activities that pose a foreseeable risk of harm. The standard is somewhat different in medical malpractice actions, in which health care providers are held accountable for failing to use the same degree of care as a physician of similar training in the same geographic area when faced with a certain situation.
Once the duty of care has been established, a victim or the victim’s family needs to identify what the defendant did that fell short of the appropriate standard. This action or failure to act is known as a breach. The third element of a negligence claim is causation, which requires drawing a direct link from the breach to the injuries that the victim suffered. There must be evidence that the accident or the incident of medical malpractice would not have happened if the defendant had used the proper level of care. In cases involving health care providers, these elements usually must be established through expert testimony. Purtill v. Hess, 111 Ill. 2d 229 (1986).
Finally, to succeed in a negligence claim, the injured individual must show quantifiable costs or losses that resulted from the harm. These can take economic or non-economic forms, ranging from medical expenses and lost income or earning capacity to pain and suffering, disability or disfigurement, and loss of consortium. Family members who file a wrongful death claim after a fatal accident may be able to seek damages specific to their relationship to the victim.Contact a Chicago Attorney to Pursue Your Negligence Claim
At Leopold & Associates, we have the legal resources to help you protect your rights. Our lawyers have helped victims of medical malpractice and motor vehicle accidents throughout the Chicago area, including in Des Plaines, Evanston, Skokie, and elsewhere in Cook County. To discuss your case with a knowledgeable attorney, contact us by phone at (312) 781-6212 or online.