How Much Compensation May I Be Entitled to After a Traumatic Brain Injury?

 Posted on November 30, 2020 in Brain Injuries

A traumatic brain injury (TBI) occurs when the brain is damaged in some way. The brain injury may be caused by the brain striking the inside of the sufferer’s skull during a forceful impact or it may be caused by an object penetrating the skull and coming into contact with brain tissue. The medical consequences of a traumatic brain injury vary significantly. A person may sustain a minor concussion and not even be aware of it. On the other end of the spectrum, a severe traumatic brain injury can cause lifelong disability. If you or a loved one suffered a TBI, you may have questions about your legal rights. You may wonder if you will be entitled to financial compensation for your injury, and if so, how much compensation you could receive.

The Severity of TBI Symptoms Can Affect the Amount of Damages You May Receive

The brain is responsible for controlling the majority of bodily functions. Traumatic brain injuries are unique in that they can cause physical, cognitive, and psychological consequences. TBI sufferers may experience symptoms including:

• Headache
• Confusion
• Vomiting
• Fatigue
• Paralysis
• Slurred speech and difficulty speaking or understanding speech
• Difficulty swallowing
• Body numbness or tingling
• Facial muscle weakness
• Loss of bowel and bladder control
• Ringing in the ears and other hearing problems
• Vision problems including double vision, blurred vision, sensitivity to light, loss of eye movement, and even blindness
• Dizziness and problems with balance
• Difficulty breathing and slowed breathing rate
• Altered heart rate
• Cognitive difficulties
• Atypical emotional responses
• Memory problems
• Behavior changes

Typically, the more severe the TBI symptoms and the greater impact the symptoms have on your daily life, the more compensation you may be entitled to via a personal injury claim. You could be compensated for your past and future medical expenses, lost wages, impairment to your income earning capacity, pain and suffering, and more.

Comparative Negligence in a Traumatic Brain Injury Case

There are many factors that can influence your potential personal injury settlement or award. One of these factors is whether your own negligence played a role in your injury. Illinois follows a legal doctrine called modified comparative negligence. If your own actions contributed to the severity of your TBI, the amount of compensation you could receive is reduced according to your percentage of fault. For example, if you sustained a TBI in an auto accident but you were speeding at the time of the accident, the defense may argue that you worsened the accident by driving over the speed limit. This may reduce the potential payout.

Contact a Waukegan Personal Injury Attorney

If you or a loved one sustained a traumatic brain injury in an accident caused by another party’s negligence, contact a Lake County traumatic brain injury lawyer at Salvi & Maher, L.L.C. Call 847-662-3303 and set up a free consultation today.

Source:

https://www.aans.org/Patients/Neurosurgical-Conditions-and-Treatments/Traumatic-Brain-Injury