Have you or a loved one suffered a brain injury caused by someone else’s negligence? Are you struggling with the medical bills and paperwork after a brain injury? You may be entitled to compensation for your losses. We encourage you to contact the Kankakee personal injury attorneys of Spiros Law, P.C. to schedule a free consultation.
When we meet, we will evaluate the specifics of your case and advise you on your available courses of action, whether you decide to work with us or not. Brain injuries have long-term and often permanent effects on your emotional and cognitive abilities. These disabilities can affect your employment opportunities and your relationships with friends and family.
You may seek compensation for the reckless behavior of individuals and companies that have caused a brain injury. If you or a loved one has suffered a traumatic brain injury because of someone else’s negligence or reckless act, the Kankakee personal injury attorneys at Spiros Law, P.C. will aggressively fight for your rights. Our legal team will pursue the justice and compensation that you deserve.
Why Do I Need a Lawyer? Why Choose Spiros Law, P.C.?
Traumatic brain injuries often cause permanent disabilities that can range from cognitive dysfunction to physical disability. Most need emergency medical treatment immediately afterward to help reduce the effects of trauma on the brain.
In the aftermath of a brain injury, many people are unsure of how to make an insurance claim or get compensation for their accident-related disability. Brain injuries make it difficult to think clearly. After a loved one has been injured, you may be overwhelmed with emotional grief. This makes it challenging to take the necessary steps to protect their rights and receive compensation from the negligent party.
The legal team at Spiros Law, P.C. provides dependable and affordable services. We believe you should not bear the financial burden of someone else’s irresponsible actions. Even if you are not sure that someone else was responsible, your free consultation with our legal team may unearth options you didn’t know about.
If you decide to move ahead with our team, we can investigate the accident and gather the evidence needed to prove what has happened. It is vital to seek the advice of an attorney as soon as possible after an accident. This is because personal injury claims must be filed within two years of the date of accident in Illinois.
This two-year time limit is dictated by the statute of limitations. It usually begins on the date of the accident when the injuries occurred. However, sometimes the statute of limitations starts after the injuries are discovered. This is called a “discovery rule.” During your free consultation, we can help you understand these possibilities and how they apply to your case.
Causes and Severity of Brain Injuries
A traumatic brain injury occurs when there is an external physical assault on the brain. The damage can be confined to one area of the brain or may occur throughout the brain. A traumatic brain injury can be an open or closed brain injury. In a closed brain injury, the skull remains intact. In an open brain injury, the skull is opened, often by a penetrating object. The third type of brain injury is called a diffuse axonal injury. This injury is caused by the tearing of the nerve fibers, which can happen when the brain shifts or rotates inside the skull.
A brain injury can also result in a coup and contrecoup injury. These injuries can happen when you are traveling at speed, and your head suddenly hits a stable object. Inside the skull, your brain is surrounded by fluid. When your head comes to a sudden stop, the brain hits the skull directly under the site of impact. This causes a coup injury. The contrecoup injury happens when the brain rebounds off the front of the skull and hits the skull directly behind.
Additionally, you can suffer a secondary injury in the hours and days after the initial injury. Secondary injuries are the result of chemical and cellular changes that contribute to greater damage to the brain tissue. The secondary injuries are what doctors seek to treat immediately after the primary injury.
The most common types of brain injuries happen during motor vehicle accidents, falls, or shaking a child, such as during child abuse. Participating in sports is another common way children can be prone to brain injuries. Brain injuries are classified as mild, moderate, or severe. A mild concussion will not show any structural changes on imaging. A person may lose consciousness for up to 30 minutes. A severe brain injury is defined by a loss of consciousness of greater than 24 hours with an alteration in mental state and post-traumatic amnesia that lasts for more than seven days.
Compensation for Brain Injuries
It is common for insurance adjusters to approach you immediately after the accident. Insurance companies hire adjusters who are skilled negotiators. It is their job to protect the financial liability of the person or company they insure. You may be asked questions about the accident or offered an immediate settlement. It is crucial you do not speak with an insurance adjuster without your attorney present. Your attorney can help ensure you do not accidentally say something that would negatively affect your case.
After a traumatic brain injury, a claim with the at-fault party’s insurance company should be filed. This is a challenging time. It is important you do not accept the first settlement offer from the insurance company. Instead, consult with an attorney about how much compensation you may be owed.
You may be advised to file a personal injury lawsuit if compensation has not been offered by the insurance company or if their offer is too low. Your expert legal team will support you through the process and take care of the legal aspects of obtaining compensation. You can recover damages, or compensation, for your losses. There are two main types of compensation awarded by the court in personal injury cases: economic and noneconomic damages.
Economic damages: Expenses you incur that are associated with the injury.
- Medical expenses: These are expenses from the hospital, medical providers, and rehabilitation facilities whose services are required to treat your head injury. They also include the cost of prescriptions, medical transportation, and related at-home nursing care.
- Lost wages: Lost wages and loss of earning capacity refer to the wages you lose after a traumatic brain injury, including any wages you lose from missing work to treat your injury. Lost earning potential can be included in your compensation if your injury does not allow you to return to work.
- Property loss: These expenses are associated with damage to property that may have occurred during the accident. They can include any type of personal property, including a vehicle, laptop, or damage to your home.
- Out-of-pocket expenses: These expenses can include out-of-pocket expenses that are associated with altered or canceled plans related to the injury or other expenses that would not otherwise be covered by an insurance claim.
Noneconomic damages: Intangible losses resulting from the accident or injury that do not have a set monetary value.
- Pain and suffering: These benefits attempt to compensate you for long-term physical pain, mental anguish, and emotional distress that are related to the traumatic brain injury.
- Physical impairment or disfigurement: Compensation may be awarded for any physical disfigurement or impairment that results from the injury.
- Loss of enjoyment of life: If you are unable to participate in activities that previously brought you joy, the court may award compensation. This can include activities such as playing an instrument or taking part in a sport.
Contact Your Kankakee Brain Injury Attorney Today
Recovering from a brain injury is a long and arduous process. You should spend your time recovering and not fighting with insurance companies. The personal injury attorneys at Spiros Law, P.C. focus on aggressively protecting your rights. We understand the state and federal laws that govern brain injuries.
It is our passion and mission to fight for our clients against injustice and hold the responsible parties liable. Call us today at (815) 929-9292 or use our online form to set up your free consultation.