Doctor holding brain scans

How to Prepare your Traumatic Brain Injury Case

According to the Center of Disease Control, traumatic brain injuries are often caused by bumps or blows to a person’s head. These types of injuries can frequently occur as a result of a fall or a motor vehicle collision. 

Any injury that potentially involves the brain must be treated with the utmost seriousness. Fortunately, advances in medical technology and a greater awareness of what types of collisions cause brain injuries allow for more cases to be diagnosed and treated.

These injuries can be long-lasting and quite costly to treat. Rehabilitation and recovery can also take time. Depending on the facts of your case, you may be able to pursue compensation from the party that caused the accident in which you were injured.  

If you have been involved in an accident that resulted in traumatic brain injury, it’s wise to contact an experienced accident attorney as soon as you can. They will advise you on how to go about preparing your traumatic brain injury case so you can obtain as favorable a result as possible. 

Medical Records are an Important Part of the Case

For assessing and treating a traumatic brain injury, you will most likely see a number of doctors and other health professionals. You may see neurologists, physical therapists, occupational therapists, vocational therapists and others. 

Once these visits begin, the medical records and reports created will form the basis of your case as they will document your injuries. Any tests and assessments done or scans taken, such as CTs and  MRIs, may also be extremely helpful in setting out your case. 

All relevant documentation of your injuries becomes evidence of their nature and severity. This evidence may be used in future insurance claims and legal actions. 

Calculating The Value of Your Injuries

In Illinois, those who have suffered personal injuries as a result of an accident can pursue damages, or monetary compensation for their losses. Specifically, damages can be economic (for example medical expenses, lost income, decreased future earnings) and non-economic damages (such as pain and suffering, emotional distress, loss of enjoyment, disfigurement or disability).

Punitive damages are also an option in Illinois. To be able to seek them, you must prove that the party that caused your injury acted with wanton disregard of safety or engaged in illegal behavior (like fraud, malice, deliberate violence). The goal of punitive damages is to punish the at-fault party for their egregious behavior while also serving as a warning to others in the community not to behave in the same way.  

Be Aware of Legal Timelines 

After an accident in which you suffered a traumatic brain injury, you have a set period of time in which to file a claim. In Illinois, in most personal injury cases, this time period is two years from the date you were injured. If you miss the deadline, that could be the end of your chances to receive compensation. 

This means seeking a lawyer sooner than later is to your benefit. An attorney will be aware of the time constraints and will move your case forward at a pace that will be in compliance with them. 

Call a Chicago Traumatic Brain Injury Attorney with Questions

Traumatic brain injuries can have long-lasting effects both physically and cognitively. The medical expenses can be overwhelming, especially if the injured person is unable to work or ever return to work. 
An experienced traumatic brain injury attorney will be able to help. They will help you put together a case that effectively sets out your injuries and the damages you are entitled to seek. Get in touch with our team today.