Brain injuries can be most devastating and life-altering. Common symptoms include cognitive impairments, memory loss, mood swings, difficulty with coordination, and long-term physical disabilities. Activities that used to be second nature can suddenly become overwhelming. In severe cases, victims may require lifelong care and may never fully regain their independence.
A brain injury generally describes physical trauma to the head or brain. This trauma can result from impacts, shaking, or objects penetrating the skull. A concussion is one of the most common types of brain injuries and occurs from a blow to the head or violent shaking of the brain. While concussions are often thought of as less severe, they can sometimes lead to long-lasting or permanent brain damage.
Whether it’s from a car accident, slip and fall, defective product, medical malpractice, or something else, a brain injury can impact nearly every aspect of your life. Contact a Peoria brain injury lawyer with Joel E. Brown, P.C., at (309) 673-4357 today to take the first step towards getting your life back if you have been injured in Peoria, Illinois.
How a Brain Injury Lawyer Can Help After an Accident in Peoria, IL
If you or a loved one has suffered a brain injury, working with a Peoria personal injury attorney is critical to getting the compensation you need. Brain injury cases can be complicated and may require expert legal help to hold the responsible parties accountable. An attorney can also make sure you file the right paperwork within the required amount of time so you don’t risk losing your claim.
Here’s how Attorney Joel E. Brown’s law firm can assist you:
- We evaluate your case. We’ll investigate every detail—the scene, the medical and accident reports, and the witnesses. Whether it’s reckless drivers, manufacturers of defective products, medical professionals, or government agencies failing to maintain safe environments, we’ll work to hold everyone accountable.
- We negotiate with insurance companies. Insurance companies may pressure you to accept a quick settlement that doesn’t cover your medical bills, lost wages, and other damages. Our lawyers are familiar with these tactics and will negotiate aggressively on your behalf to secure the maximum compensation possible. If needed, we also negotiate with healthcare providers.
- We fight for your rights in court. If the insurance company lowballs you or the wrongdoer tries to hide, we bring the fight to the courtroom. We hire expert witnesses if needed. Joel E. Brown, P.C. is a fighter, ready to make your case impossible to ignore.
Contact Joel E. Brown, P.C., to get started on your claim today.
What is My Brain Injury Case Worth?
How much your case is worth depends on how badly you were hurt, how it changed your life, and how the accident happened.
Most brain injury lawsuits are based on someone else’s negligence. To establish liability, the injured party must demonstrate the defendant’s duty of care, a breach of that duty, a direct link between the breach and the injury, and measurable damages. In some cases (such as drunk driving accidents), there may be claims of reckless or intentional wrongs.
Medical bills will likely make up a big part of your claim. This includes future medical bills if you need to keep getting care. Your case’s value will also take into account missed pay from time off work and the possibility of not being able to earn as good a living in the future.
And there are harms that can’t be measured in money, like pain and suffering, mental distress, and loss of pleasure of life. Finally, punitive losses may be appropriate if the other person’s actions were especially careless or on purpose.
What Types of Damages Are Available to Brain Injury Victims?
Compensation is generally divided into three categories: economic, non-economic, and, in rare instances, punitive damages.
- Economic damages: These cover the direct financial losses from a brain injury, such as medical bills, lost wages, and rehabilitation costs. They aim to replace the money you’ve lost due to the injury.
- Non-economic damages: These address the more subjective impacts of a brain injury, like pain, emotional distress, and loss of quality of life. They compensate for the emotional and psychological effects that aren’t as easy to measure.
- Punitive damages: Rarely awarded, these damages are given when the responsible party’s actions were especially reckless or harmful. They aim to punish the wrongdoer and prevent similar behavior in the future.
An experienced brain injury attorney will be able to help you find out what types of damages you might be entitled to.
How Much Does It Cost to Hire a Brain Injury Lawyer?
Joel E. Brown, P.C. works on a contingency fee basis, so you don’t have to worry about upfront costs. Payment is calculated as a portion of the compensation that the firm secures for you. If the firm doesn’t win your case, you owe nothing.
This fee structure allows you to pursue justice without added financial stress. It opens the door for those who might not otherwise afford legal help to still make their claims. Plus, you can be confident that our team is driven to get you the best result, since our fee is directly linked to your recovery.
Can I Recover Compensation If I’m Being Blamed for a Brain Injury in Illinois?
If both parties played some role in the injury, a concept called comparative negligence or comparative fault comes in. Here are some examples:
- Car accidents: A driver was speeding, but the injured party wasn’t wearing a seatbelt.
- Slip and fall: Someone fell due to a wet floor in a store, but they were also distracted by their phone.
- Defective products: A bike helmet was defective, but the user was not using the helmet correctly or had not properly secured it.
- Medical malpractice: A brain injury occurs due to a delayed diagnosis, but the patient also ignored previous symptoms and failed to seek timely medical advice.
Illinois follows a modified comparative negligence rule. Under this rule, you can still recover damages even if you’re partially at fault for the accident, provided your fault doesn’t exceed 50%. If you’re found to be 51% or more at fault, you won’t be eligible for any compensation. However, if your fault is less than 51%, your compensation will be reduced by the percentage of your responsibility. For example, if you were found to be 20% at fault and your damages amounted to $100,000, you would receive $80,000.
We’ll Fight to Recover Compensation for All of Your Injuries
Some of the most common brain injuries include:
- Concussion: A mild traumatic brain injury caused by a blow to the head or shaking.
- Contusion: A bruise on the brain resulting from a direct impact.
- Subdural hematoma: Bleeding between the brain and the dura mater, often caused by a head injury.
- Epidural hematoma: Bleeding between the skull and the dura mater, usually due to a skull fracture.
- Penetrating brain injury: Injuries caused by objects penetrating the skull are frequently encountered in cases involving gunshot wounds or severe accidents.
- Intracerebral hemorrhage: Bleeding within the brain tissue itself.
- Traumatic encephalopathy: Progressive neurodegenerative disease from repeated brain injuries.
- Shaken baby syndrome: A serious form of child abuse causing brain injury from violent shaking.
- Post-concussion syndrome: Persistent symptoms following a concussion, including headaches and cognitive issues.
- Hydrocephalus: Accumulation of fluid in the brain, often resulting from brain injury or other conditions.
In addition to physical harm, brain injuries can also cause psychological effects, including anxiety, depression, and post-traumatic stress disorder (PTSD).
What Should I Do After a Brain Injury?
After a brain injury, seek medical attention as soon as possible. Brain injuries, even those that seem minor, can have serious and potentially long-lasting effects. A healthcare professional will check your injury, provide treatment, and suggest follow-up care. Getting medical attention right away also creates a record that can be important for any future legal claims.
Document everything related to your injury, including medical treatments and changes in your condition. Collect all relevant documents: medical bills, reports, and correspondence with healthcare providers. Gather evidence related to the incident. This includes police reports, photographs of the scene, and witness statements.
Consider consulting with an attorney who specializes in brain injury cases. They will help you understand your rights, handle your case, and work to get you the compensation you deserve. They will deal with insurance companies, file claims, and represent you in court if needed, making sure you get the best outcome.
Lastly, focus on your recovery. It’s important to prioritize your well-being and mental health during this period. Support from family, friends, and professionals can play a significant role in your recovery process.
Attorney Joel E. Brown, P.C. Has Fought for Accident Victims for Over 30 Years
Injured in Peoria, IL? Reach out to Joel E. Brown, P.C., and begin securing the compensation you deserve. Our Firm is here to manage the legal aspects while you concentrate on your recovery.
Attorney Joel E. Brown was voted in the top 100 trial lawyers nationally. You can trust that he and his team will work to obtain the best possible outcome for your case.