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Chicago Traumatic Brain Injury Attorney

Many accidents can cause traumatic brain injury, including car accidents, slip and falls, and workplace incidents. If someone else is responsible for your brain injury, you may be eligible to hold him or her accountable for the damages you suffered due to the accident with the help of a Chicago brain injury lawyer.

In these situations, Duncan Law Group can help. Our brain injury attorneys represent Chicago brain injury victims in their lawsuits against negligent drivers, employers, property owners, and more. With experience across multiple personal injury practice areas, we have the skills, knowledge, and resources to secure maximum compensation on your behalf.

Chicago Brain Injury Lawyer

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Why Choose Us?

  • Our law firm has over 15 years of experience representing injured clients throughout Illinois, including Chicago. We have recovered tens of millions of dollars on behalf of our clients.
  • We take the needs of our clients seriously and aim to practice open and honest communication throughout the personal injury case process. We will always be available to answer your questions and advise you on how to prepare.
  • Our personal injury law firm understands that brain injuries can lead to significant financial hardship, which is why we represent our clients on a contingency fee basis. You will not pay legal fees unless our Chicago personal injury lawyers secure compensation on your behalf.

What is a Traumatic Brain Injury?

The brain is one of the most important organs in the human body. It is responsible for our ability to speak, move, hear, see, remember, feel, and much more. If the brain suffers any injury, we can experience permanent damage—leading to lifelong impairment, financial hardship, and significant pain and suffering.

A traumatic brain injury (TBI) is a serious injury that occurs after a violent jolt or blow to the head. You can also develop a TBI after an object penetrates your skull. These injuries can range from mild, temporary damage to the brain cells to severe, debilitating, and fatal conditions.

How Can a Lawyer Help with Your Traumatic Brain Injury Claim?

To secure compensation in a brain injury lawsuit, you will need to prove four key facts using clear and sufficient evidence.

  • The defendant owed you a duty of care at the time of the accident.
  • The defendant breached his or her duty of care to you.
  • The breach of duty caused your accident.
  • You suffered damages in the accident.

Navigating the litigation process can be difficult after a recent injury, especially a severe TBI. You will need to gather clear and sufficient evidence to prove your right to damages, such as medical records, paystubs, surveillance footage, and witness testimony. You may need to enter negotiations with insurance company representatives and defense attorneys, and if your case goes to trial, you will need to present a compelling claim for your right to damages.

This experience can be daunting. In these situations, you need a Chicago brain injury attorney who can represent your best interests, allowing you to focus on recovery. At Duncan Law Group, our Chicago brain injury lawyers can handle all aspects of your case, from deposing witnesses to securing experts who can provide testimony on your behalf. Your attorney can also estimate your case value, gather evidence, and negotiate with attorneys and insurance companies.

What Damages Can I Recover After Sustaining a Brain Injury?

Brain injuries can be very expensive. You will need to pay for expensive medical care that may last for a very long time, such as specialized rehabilitation programs, surgeries, and hospitalizations. You may require disability accommodations, live-in care, and transportation to and from your appointments. Your injury may lead to lost wages or an inability to return to work at all, along with physical pain and psychological trauma.

Under Illinois law, you have the right to file a civil lawsuit over a brain injury if the injury occurred due to another person’s negligence, such as a driver who speeds through a red light or a landlord who fails to repair broken stairs. You could hold him or her accountable for the physical, emotional, and financial losses you suffered due to the accident, including the following.

  • Past and future medical bills
  • Lost wages and a loss of future earnings
  • The cost of transportation and disability accommodations
  • Rehabilitation and physical therapy program costs
  • Property damage
  • Chronic pain and disability
  • Loss of quality of life
  • Emotional distress

Types of Brain Injuries

TBIs can range in severity from mild concussions to severe, permanent brain damage. However, any injury to the head requires immediate medical attention. There are many types of brain injuries that you can sustain, including concussions, hemorrhages, and hematoma.


A concussion is a TBI that occurs when you experience a blow or jolt to the head. You can experience painful headaches, loss of consciousness, dizziness, and issues with balance. Concussions can result in psychological symptoms as well, such as depression, anxiety, and sudden changes in personality.


A hematoma is a blood clot that develops in the brain. Without prompt medical attention, this condition can be fatal. The most common cause of hematoma is injured or ruptured blood vessels, which can develop due to medical conditions or severe impact.


Edema is another word for swelling. A cerebral edema occurs when fluid builds up around the brain, leading to severe pressure in the head. Medical conditions like brain tumors or strokes can lead to edema in the brain, but infections and TBIs also lead to this condition.


A contusion is a bruise that develops on the brain, usually after a direct impact. As a result, the brain can begin to swell, leading to severe and dangerous pressure in the brain. To relieve a contusion, you may require emergency surgery.


This type of brain injury occurs when both sides of the brain experience damage. When you sustain a severe impact on one side of your head, that side of the brain can suffer an injury. A coup-contrecoup injury occurs when the brain slides to the other side of the head due to the impact and suffers damage on the other side as well. Coup-contrecoup injuries can result in memory impairment, loss of coordination, balance difficulties, and other complications.


Hemorrhage is a medical term that refers to uncontrollable bleeding. During an accident, the brain can begin to bleed uncontrollably in the tissue and the spaces around the brain. A hemorrhage can lead to pressure in the skull, severe pain, and death.

Penetrating Injury

Not all brain injuries are caused by impact or force. In some situations, an object penetrates the skull and severely damages the brain, or a shard of the skull breaks off into the brain. These penetrating injuries can rupture and tear the nerves and tissue in the brain, resulting in permanent disability and death.

Diffuse Axonal

This is a type of TBI that occurs when you experience a severe jolt, impact, or shaking. As a result of this impact, the brain slams against the skull in multiple locations, leading to widespread brain damage. Diffuse axonal injuries are especially common in car accidents.

What Are the Causes of a Brain Injury?

Brain injuries can occur for several reasons, from unexpected accidents and professional negligence to medical conditions and acts of violence. In many cases, another person’s negligent or intentionally harmful actions are responsible for the TBI. In these situations, you could pursue legal action against the at-fault party.

According to the Cleveland Clinic, some of the most common causes of traumatic brain injuries include the following.

  • Falls
  • Motor vehicle accidents
  • Sports and recreational injuries
  • Workplace accidents
  • Gunshot wounds
  • Physical assaults
  • Domestic violence and child abuse

Who Can Be Held Responsible for My Brain Injury?

If another person or entity caused your TBI, you could file an insurance claim or lawsuit against the at-fault party. To name the defendant in your claim, you will first need to identify the cause of your TBI and the at-fault party’s potential liability.

Numerous individuals and companies could be held responsible for your TBI, including the following.

  • Motor Vehicle Drivers: In Illinois, drivers who cause car accidents must pay for their victims’ damages. If you sustain a TBI in a car accident caused by another driver, you could file an insurance claim or lawsuit against him or her.
  • Manufacturers: Dangerous and defective products can lead to brain injuries, such as vape pens that explode unexpectedly or malfunctioning brakes that suddenly fail. If you develop a TBI due to a product that is defective in its design or manufacturing, you could file a product liability lawsuit against the manufacturer.
  • Medical Professionals: Medical providers can commit negligent acts that lead to brain injuries, such as failing to monitor patients’ heart rates, administering too much of a medication, or committing a surgical error. In these situations, you could file a medical malpractice lawsuit against the healthcare provider.
  • Property Owners: Property owners have a duty to maintain safe premises and warn others about potential hazards. Hazardous conditions can lead to brain injuries, such as unsafe stairs that lead to falls. If you are injured by a hazard on someone else’s property, you could file a premises liability lawsuit or insurance claim against the owner.

Your Chicago brain injury attorney from Duncan Law Group can conduct a full investigation into your accident and help you identify the liable party. Using this information, your lawyer will help you understand your legal options and initiate your claim.

Proving Your Brain Injury Claim

To secure compensation in a brain injury lawsuit, you will need to prove that the at-fault party’s negligence caused your TBI and resulting losses. You and your Chicago brain injury lawyer will need to gather enough evidence to prove four important facts.

  • Duty of Care: The at-fault party must owe you a duty of care at the time of the accident. For example, drivers have a duty to drive safely and follow Illinois traffic laws. Doctors have a duty to uphold the medical standard of care.
  • Breach of Duty: The at-fault party breached his or her duty of care by committing a negligent act or failing to act. For example, a driver who speeds through a stop sign breaks Illinois traffic laws. A doctor who fails to monitor a baby’s vital signs during labor and delivery also breaches his or her duty of care.
  • Causation: The at-fault party’s breach of duty caused your accident and resulting TBI. You will need to prove that the accident would not have occurred if not for the at-fault party’s actions. For example, say a driver runs a stop sign and collides into your vehicle. You could argue that the accident would not have happened if he or she followed the law and stopped.
  • Damages: You sustained damages that you can collect in your lawsuit. Examples of recoverable damages in TBI claims include medical expenses, lost wages, property damage, and pain and suffering.

Traumatic Brain Injury Symptoms and Complications

Brain injury symptoms vary based on the severity and location of the brain damage. They may appear immediately after the accident, or they may not appear until days or even weeks later. Mild cases of TBI may result in loss of consciousness, headache, vomiting, and memory or concentration problems in the hours or days after a head injury. If you have a more severe case of TBI, you may experience the following symptoms.

  • Prolonged loss of consciousness
  • A worsening or persistent headache
  • Convulsions or seizures
  • Repeated nausea or vomiting
  • Weakness or numbness in your extremities
  • Loss of coordination
  • Clear fluids draining from your nose or ears
  • Unusual behavior, such as agitation
  • Personality changes
  • Mood changes
  • Confusion and disorientation
  • Slurred speech

You should always seek medical attention if you experience a blow to the head or body. Even a mild case of TBI may result in permanent loss of function and may worsen without immediate treatment. Several complications can arise after a brain injury, such as fatal brain infections, fluid build-up in the brain, blood vessel damage, coma, and brain death.

Long-Term Effects of a Brain Injury

Long-term damage, including intellectual difficulties, communication problems, behavioral changes, and loss of physical function, is also likely to occur, even in cases of mild TBI. You may be able to regain some of your function with the help of your medical team, but this is not possible for all TBI cases. Your prognosis and recovery timeline depends on the severity of your condition.

Traumatic Brain Injury Statistics

According to researchers from Louisiana State University, traumatic brain injuries contribute to 52,000 deaths in the United States each year. The Centers for Disease Control and Prevention (CDC) also states that TBI is a major cause of death and injury for the United States, contributing to 2.87 million emergency room visits, hospitalizations, and deaths in 2014 alone.

The CDC provides the following statistics on TBIs.

  • From 2006 to 2014, the number of TBI cases increased by 53%.
  • In 2014, 2,529 children died from brain injuries.
  • Falls were the leading cause of TBI in 2014, contributing to 48% of brain injury emergency room visits.
  • Being struck by or against an object contributed to 17% of TBI-related emergency room visits.
  • 20% of TBI hospitalizations involved car or truck accidents.

Contact a Chicago Brain Injury Attorney at Duncan Law Group Today

If you suffer a traumatic brain injury in Chicago, you may be eligible for financial compensation through a brain injury lawsuit. The Chicago traumatic brain injury lawyers at Duncan Law Group advocate for injury victims across the state of Illinois. Our trial attorneys have the experience, skills, and legal knowledge necessary to maximize your award and support you in your recovery.

Contact Duncan Law Group today to schedule your free consultation with a Chicago brain injury lawyer in Cook County.