Chicago Brain
Injury Lawyers

On average, 176 individuals in the U.S. succumb to traumatic brain injuries (TBI) every day. Many who survive will have their lives or the lives of their family members turned upside down following such a substantial injury.

These injuries occur when a bump, blow, or jolt to the head causes damage and disrupts the brain’s usual functioning. Unlike brain injuries from the lack of oxygen, a stroke, infection, or a tumor, a TBI occurs due to an external force. A TBI can be mild, such as in a concussion, severe with memory loss or extended unconsciousness, or anywhere in between. A TBI can render the person unable to care for themselves any longer, change their personality, or even lead to their death. In many cases, a TBI occurs because of a negligent party.

According to the Centers for Disease Control and Prevention (CDC), there are nearly three million documented emergency room visits related to head injuries every year. Millions of Americans also receive a diagnosis of a brain injury annually.

A TBI is arguably the most complex human injury to understand—especially because each of our thought processes is unique. No two patients with a brain injury will react the same or have the same medical course. Brain injury symptoms can range from subtle, such as headaches, nausea, and drowsiness, to life-changing, such as personality changes and depression.

Keep in mind that every brain injury is different, and no two cases are identical. It can be difficult for even long-time Chicago brain injury lawyers to confidently say what you might receive for compensation in a brain injury case.

However, they can make some estimates based on:

• The circumstances surrounding that accident
• The sum of your medical expenses
• If there will be ongoing medical expenses
• If you can return to work
• If you have behavior or personality problems

To find out what your brain injury case claim might be worth, schedule a consultation with a knowledgeable lawyer as soon as possible.

Damages are the monetary representation of the losses, expenses, and inconveniences injured parties suffer due to the negligence of the at-fault party. Specific damages will vary from one case to the next, but usually, each case has two categories of damages; economic and non-economic.

Economic Damages

Also referred to as special damages, economic damages are how the accident victim suffered financially due to the accident.

The two primary examples are:

• Lost income due to being unable to physically go to work or attending medical appointments
• Medical expenses such as doctor bills, prescriptions, other medications, therapies, or medical equipment
• Long-term care and rehabilitation bills
• Life care costs

Special damages can also include:

• Property damage—such as to a vehicle, wedding ring, or eyeglasses
• Travel expenses to and from doctor’s appointments

Your lawyer can help you keep track of your accident-related expenses and monetary losses so that when it’s time to negotiate, you know if the offer you receive is fair or not.

Non-Economic Damages

On the other hand, non-economic or general damages are those that don’t involve money. They have no predefined monetary value.

Non-economic damages can include:

• Pain and suffering
• Scarring and disfigurement
• Humiliation
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium

The challenging part of non-economic damages is that they don’t already have a monetary value even though they are genuine losses. As such, it can be difficult to negotiate a full and fair settlement for them. You should discuss their potential value with your attorney.

One frequently applied method of estimating their value is determining the value of the economic damages and multiplying that figure by between 1.5 and five. For example, a larger multiplier will apply to life-threatening or catastrophic injuries, such as a severe TBI. For relatively minor injuries, a lower multiplier might apply. Keep in mind that all TBIs can have serious effects, so you should never settle for a lower multiplier when you deserve higher compensation for non-economic damages.

Punitive Damages

Punitive damages are much less common in injury claims. Injured parties are only granted punitive damages in rare cases in which the party who caused their injuries did so with extreme disregard for safety and knew their actions might be especially harmful. For example, suppose you suffered an injury due to a drunk driver or a driver running from the police. In that case, you might receive punitive damages.