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Chicago Brain Injury Lawyer

Seeking Justice and Fair Compensation for Brain Damage Victims

As a Chicago brain injury lawyer team, we stand with individuals and families whose lives have been changed by trauma, negligence, or preventable accidents.

A serious brain injury can affect every part of a person’s life: how they think, work, and connect with others. Our firm understands the physical, emotional, and financial toll of these injuries and helps clients across Chicago and Cook County hold negligent parties accountable.

We believe in your case and are committed to seeking justice for victims of traumatic brain injury (TBI), birth-related hypoxic injury, and other forms of brain damage caused by someone else’s negligence. Whether your injury happened on Lake Shore Drive, in a downtown fall, or during surgery at a Chicago hospital, we’re here to guide you with care and experience.

Chicago brain injury attorneys

Settlements & Recovered by Our Brain Injury Lawyers in Chicago

Our firm has secured substantial recoveries for victims of brain injuries across Chicago and Cook County, holding negligent drivers, hospitals, property owners, and manufacturers accountable for life-altering harm. Here is one example case involving severe traumatic brain injury.

$4,500,000 – Child Thrown from ATV in Palos Hills

Ethan, age 12, sustained a traumatic brain injury after being thrown from a four-wheeler driven by a family friend near Palos Hills. Our team held the homeowner and ATV manufacturer liable for unsafe operation and defective design, recovering $4.5 million for ongoing rehabilitation and care.

Why Choose Our Chicago Brain Injury Attorneys

When you need the best Chicago brain injury lawyers on your side, experience and results matter. Our top-rated brain injury attorneys have helped over 5,000 clients, recovering more than $450 million for TBI victims, securing justice and stability for families across Illinois.

With a 98% success rate and over 100 years of combined experience, our team is known for relentless advocacy and compassionate client care. We’re available 24/7 to answer your questions, guide you through every step, and pursue maximum compensation on your behalf.

Our experienced lawyers have earned recognition, memberships, and awards from some of the nation’s most respected legal organizations, including:

Types of Brain Injury Cases We Handle

Our Chicago brain injury attorneys represent victims facing all levels of head trauma, from mild concussions to severe brain injuries, helping them obtain the medical care and legal support they deserve. We also handle non-traumatic brain injury cases involving hypoxia, stroke, or medical malpractice resulting in impaired cognitive function.

These are the most common types of brain injuries we see:

Concussion

A mild traumatic brain injury occurs when a sudden movement or jolt disrupts normal brain function. Common symptoms include brief confusion, headaches, dizziness, or a short loss of consciousness.

Contusion

A bruise on the brain resulting from direct head impact, often seen in car accidents or slip and fall accidents. Severe contusions can lead to swelling and long-term cognitive impairment.

Coup-Contrecoup Injury

Occurs when the brain strikes both sides of the skull during a sudden impact, such as in a high-speed motor vehicle accident, causing damage at the point of impact and the opposite side.

Diffuse Axonal Injury

A serious condition involving widespread damage to brain cells and axons from violent shaking or rotational force. Often seen in car crashes, sports injuries, or falls, this type can result in permanent brain damage.

Brain Hemorrhage

Bleeding within or around the brain, frequently caused by blunt-force injury, skull fracture, or health care negligence. It can rapidly increase pressure on brain tissue, requiring immediate medical care.

Skull Fracture

A break in the cranial bone that can puncture membranes or cause secondary injury to the brain. These cases often involve defective helmets, falls, or vehicle collisions.

Subdural Hematoma

Occurs when blood collects between the brain and its outer covering due to a severe blow or a fall, leading to dangerous pressure and potential brain function loss.

Traumatic Brain Injury (TBI)

An umbrella term for injuries disrupting cognitive function due to external force, including penetrating injury, diffuse axonal injury, and oxygen deprivation. Victims often face lasting effects on memory, movement, and emotional regulation. These primary injuries often lead to secondary swelling or bleeding that can worsen neurological damage.

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What Are the Most Common Causes of Truck Accidents in Chicago?

Our Chicago brain injury lawyers often see devastating cranial trauma and traumatic brain injuries (TBIs) resulting from serious crashes on major routes like I-90, I-94, and the Stevenson Expressway. These incidents can involve trucks, passenger cars, and other vehicles, where even a moment of negligence leads to lasting harm. Common causes include:

  • Airbag deployment or malfunction
  • Defective vehicle design or lack of crash safety features
  • Ejection from the vehicle during a crash
  • Flying debris or shattered glass causing penetrating injuries
  • Head strikes against steering wheels, dashboards, or windows
  • High-speed impacts producing severe blunt force trauma
  • Motorcycle or bicycle crashes without proper helmet protection
  • Multi-vehicle pileups causing repeated head impacts
  • Pedestrian slip and fall and strikes by vehicles
  • Rear-end collisions causing whiplash or sudden deceleration
  • Roof crush or cabin collapse in rollover accidents
  • Seat belt or head restraint failure
  • Secondary collisions within the vehicle (striking seatbacks, pillars, or other occupants)
  • Side-impact or T-bone collisions causing lateral head movement
  • Truck or commercial vehicle impacts

What Damages Can Chicago Victims Recover in Brain Injury Claims?

Victims of brain injury in Chicago may be entitled to compensation for both financial and personal losses that result from their traumatic brain injury. Recoverable damages can include:

  • Past and future medical bills and rehabilitation costs
  • Lost wages and reduced earning capacity
  • Future medical expenses for long-term care or cognitive rehabilitation
  • Compensation for physical and emotional pain and suffering
  • Costs of assistive devices, in-home care, and therapy
  • Loss of enjoyment of life and diminished quality of living
  • Property damage from the accident or event
  • Punitive damages in cases involving extreme negligence or recklessness

What Is the Average Brain Injury Case Worth in Chicago?

Recent data shows that brain injury settlements and verdicts in Chicago vary widely depending on the severity of the injury, medical costs, and long-term care needs.

  • Average Settlement: $11,939,376
  • Median Settlement: $5,550,000
  • Value Range: $25,000 – $80,000,000

The payout in a traumatic brain injury case depends on several factors, including the level of cerebral damage, the need for future treatment, the victim’s lost income, and the degree of permanent impairment. Cases involving severe traumatic brain injuries, medical negligence, or lifelong rehabilitation typically result in higher awards, while mild or short-term injuries fall toward the lower end of the range.

Recover medical bills and lost wages following brain injury in Chicago

Example Cases Involving Serious Injuries to the Brain Filed in Cook County

Several Cook County verdicts demonstrate how devastating traumatic brain injuries can be and how courts have valued these cases across Chicago.

$9,962,000 – CTA Bus Collision

A driver sustained multiple fractures and a traumatic brain injury after her sedan was broadsided by a Chicago Transit Authority bus near Humboldt Park. Evidence showed the bus entered the intersection on a red light, resulting in long-term cognitive deficits and permanent disability.

$3,400,000 – Pedestrian Struck by Tow Truck

A pedestrian crossing Broadway and Montrose Avenue suffered a subdural hematoma, brain contusions, and lasting neurological symptoms after being hit by a turning tow truck. The towing company admitted negligence, and the settlement covered extensive rehabilitation and ongoing cognitive therapy.

Why You Need a Brain Injury Attorney

Brain injury cases are some of the most complex personal injury cases in Chicago. Victims often face lifelong medical care, rehabilitation, and uncertainty about their future. Proving a traumatic brain injury requires expert testimony, economic analysis, and a deep understanding of Illinois law.

Our Chicago brain injury lawyers handle cases in the Circuit Court of Cook County, working with neurologists and medical experts to link the injury to negligence. From highway crashes to downtown fall accidents, these claims often involve multiple parties and complex insurance disputes.

We stand with our clients through every step, gathering medical evidence, consulting rehabilitation specialists, and guiding them through the legal process to ensure their story is heard and justice is achieved.

How Common Are Brain Injuries in Motor Vehicle Accidents?

Motor vehicle crashes are a leading cause of traumatic brain injury (TBI) in the U.S.

A national study published by the National Library of Medicine found that among crash-involved occupants each year:

  • 0.43% of adults (≈16,980 people) suffer severe injuries.
  • 1.27% of adults (≈49,881) are hospitalized with moderate injuries.
  • 0.32% of children (≈1,453) sustain severe injuries, and 0.57% (≈2,581) are hospitalized.
  • Head injuries cause roughly 6,753 adult and 466 child deaths annually.

The Brain Injury Association of America reports that crash-related TBIs are often more severe than those from falls or assaults, with victims frequently suffering multiple injuries but sometimes achieving better recovery due to younger age and health.

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Where Do Traffic Accidents Leading to Brain Injury Occur Most Often in Chicago?

Severe brain injuries in Chicago often happen at busy, high-speed intersections with heavy traffic, pedestrians, and cyclists. Dangerous areas include 79th and Stony Island, 95th and Stony Island, Cicero and 63rd, and downtown spots like Michigan and Wacker or Lake Shore Drive near Monroe.

These intersections combine fast turns, complex lights, and congestion, conditions that lead to high-impact crashes. Side-impact collisions and pedestrian strikes frequently cause traumatic brain injuries when victims’ heads hit windows, interiors, or the pavement.

What Illinois Laws Govern Brain Injury Claims?

Illinois law provides several paths to hold negligent parties accountable for traumatic brain injuries. Under 735 ILCS 5/2-1116, individuals who cause harm through reckless or negligent acts, such as car accidents or assaults, can be found liable.

Employers may share responsibility under the Illinois Workers’ Compensation Act (820 ILCS 305/) if a TBI occurs on the job due to unsafe conditions or lack of training. Manufacturers can be sued for defective products that cause injury under 735 ILCS 5/13-213.

Property owners fall under the Illinois Premises Liability Act (740 ILCS 130/) for injuries caused by unsafe property conditions like icy sidewalks or broken stairs. Medical providers may face claims under 735 ILCS 5/2-622 for medical malpractice, such as birth injuries or surgical errors affecting brain function.

When a public agency is involved, claims must comply with the Illinois Court of Claims Act (705 ILCS 505/), which governs cases against the state or its employees for roadway or maintenance-related negligence.

How Long Do Victims Have to File a Brain Injury Lawsuit in Illinois?

Under 735 ILCS 5/13-202, most brain injury lawsuits in Illinois must be filed within two years of the date the injury occurred. Certain exceptions apply, for instance, minors generally have more time, and medical malpractice claims involving cerebral damage follow different deadlines.

Because these rules can vary based on how and when the injury happened, it’s best to contact a Chicago brain injury lawyer as soon as possible to protect your right to compensation.

Who Is Legally Liable for Motor Vehicle Accidents Leading to TBIs in Chicago?

Multiple parties may be liable for a traumatic brain injury (TBI), depending on how it occurred and who was negligent.

  • Individuals: Drivers, cyclists, or pedestrians whose reckless behavior causes crashes or falls leading to head injuries.
  • Employers: Companies may be liable for workers’ negligence or unsafe job conditions under Illinois law.
  • Product Manufacturers: Makers of defective vehicles, helmets, or equipment that cause or worsen brain injuries.
  • Property Owners: Businesses or landlords who fail to fix hazards like ice, loose railings, or poor lighting.
  • Healthcare Providers: Doctors or hospitals responsible for medical negligence, birth injuries, or surgical errors causing cerebral damage.
  • Government Entities: The City of Chicago or state agencies that fail to maintain safe roads, sidewalks, or public areas.

Common Defenses Following Accidents Resulting in Brain Injury

When pursuing a traumatic brain injury claim, defendants and insurance companies often raise strategic defenses to minimize liability or reduce compensation. Our legal team has extensive experience countering these tactics with strong evidence and expert testimony. Common defenses and our responses include:

  • Preexisting condition: We present medical records and expert analysis showing the injury resulted directly from the accident or was significantly worsened by it.
  • Comparative negligence: We establish that the defendant’s reckless behavior, such as speeding, distraction, or unsafe property conditions, was the true cause of the brain injury.
  • Minor or exaggerated injury: We rely on neuroimaging, diagnostic scans, and physician reports to prove the full extent of the traumatic brain injury and its impact on daily life.
  • Unavoidable medical outcome: In medical malpractice cases, we use independent medical experts to show that an injury, such as shaken baby syndrome, stemmed from negligence, not an inherent risk of treatment.

How to Strengthen Your Traumatic Brain Injury Case in Chicago

Taking the right steps immediately after a head injury can make a major difference in the outcome of your personal injury claim. The stronger your documentation and medical evidence, the harder it is for defendants to dispute your case. To protect your rights and build a successful brain injury claim, you should:

  • Seek immediate medical attention to diagnose and document any physical trauma.
  • Follow all medical advice and attend every appointment or therapy session.
  • Keep detailed notes on symptoms such as dizziness, confusion, or memory problems.
  • Preserve evidence, including accident photos, witness names, and medical records.
  • Avoid giving statements or accepting settlements from insurers before consulting a lawyer.
  • Contact a traumatic brain injury attorney early to gather evidence and comply with Illinois deadlines.

Brain injury cases require specialized knowledge, expert coordination, and persistence. Our Chicago brain injury attorneys guide clients through every stage of the legal process, ensuring they receive the support and representation they need. Our team:

  • Investigates the cause of the injury, from crash reconstruction to site inspections.
  • Works with neurologists, therapists, and other medical professionals to prove the injury’s impact.
  • Handles all insurance negotiations, preventing clients from being pressured into low offers.
  • Prepares comprehensive litigation strategies in Cook County courts when trial is necessary.
  • Calculates total damages, including medical expenses, lost income, and future care needs.
Brain injury lawyers in Chicago, IL

FAQs

How much does a Chicago brain injury attorney cost?

Our personal injury law firm works on a contingency fee basis, meaning you pay nothing up front and no fees unless we win your case.

Can family members file a traumatic brain injury lawsuit?

Yes. Family members can often file on behalf of loved ones who are incapacitated or deceased due to a traumatic brain injury.

Do victims need to seek medical treatment for a mild concussion?

Absolutely. Even mild traumatic brain injuries can worsen without care. Always seek medical attention immediately after any head impact to ensure a timely and accurate diagnosis.

Consult a Chicago Brain Injury Lawyer Near You!

If you or a loved one has suffered a traumatic brain injury in Chicago, we are here to help you. Our experienced traffic accident injury lawyers understand the lifelong impact of these injuries and are here to help you pursue justice and fair compensation. We offer a free consultation and handle every case on a contingency fee basis, meaning you pay nothing unless we win.

Contact our firm today to speak with an experienced brain injury lawyer who will listen to your story, explain your rights, and guide you through every step of recovery and brain injury litigation.

Client Reviews

After working with lawyers for several different issues, I was very pleased with the way that my car accident injury case was handled by the attorneys at Rosenfeld Injury Law. The team was professional and responded to my calls quickly whenver I would leave a message. When the case got settled, I...

Sheila M.

Even if you think you can handle a car crash case on your own, I would strongly suggest that you speak to an attorney at Rosenfeld Injury Lawyers. There are many subtle things that can impact the amount of money that you clear from the case. These people know it all and can steer you towards...

Maria S.

My teenage son was hit by a company truck in an intersection. At first, the insurance for the truck company tried to blame my son for the crash. The Rosenfeld team was able to secure video footage from a store nearby that showed otherwise. They literally made the case for us. Thank you.

Jermain S.

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