Chicago Traumatic Brain Injury Lawyer

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A Chicago traumatic brain injury lawyer can pursue compensation from the person or company whose negligence caused your head trauma. Illinois gives most injured people 2 years to file suit, and that window is shorter when a city agency or the Chicago Transit Authority is involved. 

At Herbert Rosner Connelly Law Firm, we represent people across Chicago who are living with the effects of a traumatic brain injury (TBI), from a concussion that will not resolve to an injury that requires lifetime care. Our attorneys investigate how the injury happened, document what it has cost you, and handle the insurance company while you focus on treatment.

How Herbert Rosner Connelly Law Firm Can Help After a Traumatic Brain Injury in Chicago

Brain injury claims are won or lost on proof. Our team builds that proof from medical records, scene evidence, and testimony from the people who knew you before the injury.

Three Founding Partners Behind Every Case

Daniel Q. Herbert, Adam R. Rosner, and Thomas M. Connelly founded our firm to handle personal injury and workers' compensation claims for people across Chicago. Our office sits at 65 W Jackson Blvd in the Loop, and we take head injury cases seriously from the first call.

Results That Reflect Serious Injury Work

Brain injuries often sit at the catastrophic end of a caseload. Settlements our attorneys have secured include:

  • $50,000,000 for a railroad worker seriously injured on the job
  • $9,000,000 in a premises liability claim involving unsafe property conditions
  • $8,100,000 against a Chicago hospital in a medical negligence case
  • $3,000,000 against a trucking company and freight broker

Every claim rests on its own facts, and prior results do not predict what another case may produce.

How Common Are Traumatic Brain Injuries in Chicago, IL?

Head trauma sends thousands of Illinois residents to the hospital each year. According to the Illinois Department of Public Health, in 2021:

  • 29,697 people in Illinois sustained a traumatic brain injury.
  • 2,780 died with a TBI reported as a cause of death.
  • 7,806 were hospitalized with a TBI.
  • 19,111 were treated and released from emergency departments.
  • Falls were the leading cause of both TBI hospitalizations and emergency department visits, while firearm injury was the leading cause of TBI deaths.

Traffic crashes add to that total every day in Cook County. Statewide, Illinois Department of Transportation data records 303,913 crashes in 2024, including 63,109 injury crashes.

What Is My Chicago Traumatic Brain Injury Case Worth?

No attorney can name a figure before your medical picture is clear. A brain injury that looks mild at week two can look permanent at month eight, and settling early can leave real losses uncovered.

Value in a brain injury claim generally turns on the following:

  • The severity of the injury and whether the effects appear permanent
  • Past medical expenses and projected future care, including rehabilitation
  • Lost wages and any reduction in your earning capacity
  • The insurance coverage available and the number of liable parties
  • Your share of fault, if the defense raises it

What Types of Damages Are Available to Traumatic Brain Injury Victims?

Illinois law allows recovery for financial losses and for human losses that do not appear on a bill.

Economic Damages

  • Emergency treatment, surgery, imaging, and hospital care
  • Future medical costs, including in-home support and life care planning
  • Lost wages and lost earning capacity
  • Assistive equipment, therapy, and home modifications

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Disability and disfigurement
  • Loss of a normal life
  • Loss of consortium for a spouse

Injuries this severe often overlap with our other catastrophic injury claims. When a brain injury proves fatal, surviving family members may bring a wrongful death claim instead.

Can I Recover Damages If I'm Being Blamed for a Traumatic Brain Injury in Illinois?

Often, yes. Under 735 ILCS 5/2-1116, you may still recover as long as your share of fault is not more than 50% of the proximate cause of the injury.

Your damages are then reduced by your percentage of fault. If the trier of fact assigns you 30% of the fault, your award drops by 30%. Above 50%, Illinois law bars recovery completely.

That line is why insurers push fault onto injured people, and why early evidence matters so much.

Which Illinois Laws Affect a Chicago Brain Injury Claim?

Several rules can change what a claim is worth and how quickly it must be filed.

Modified Comparative Fault

Fault percentages are decided by the trier of fact, not by an adjuster or a police officer's opinion. We gather the evidence that keeps an unfair share of fault off our client.

Claims Against the City, the CTA, or Chicago Public Schools

A fall on public property or a collision with a city vehicle follows different rules. Under 745 ILCS 10/8-101, most injury actions against a local public entity or its employees must be filed within one year.

Claims against the Chicago Transit Authority carry their own one-year deadline under section 41 of the Metropolitan Transit Authority Act.

Brain Injuries Caused by Medical Negligence

Undiagnosed bleeding and oxygen loss during treatment can cause or worsen a brain injury. Under 735 ILCS 5/13-212, those claims run 2 years from discovery, with an outer limit of 4 years from the act or omission.

Brain Injuries That Happen at Work

A head injury on the job may support a workers' compensation claim. In some situations, an injured worker may also have a separate claim against a negligent party who was not the employer, such as an equipment manufacturer or an outside contractor.

We'll Fight to Recover Compensation for All of Your Traumatic Brain Injuries

A brain injury is not only a hospital bill. It is missed promotions, a shorter fuse at home, and tasks that used to take minutes.

Proving a Mild Brain Injury the Insurer Disputes

Insurers often argue that a concussion resolved on its own, especially when a scan came back clean. We answer that argument with evidence:

  • Neuropsychological testing that measures memory, attention, and processing speed
  • Imaging and emergency records from the day of the injury
  • Treatment notes from neurologists and rehabilitation providers
  • A symptom journal kept in your own words
  • Statements from family, friends, and coworkers about the changes they see

What Causes Most Traumatic Brain Injuries in Chicago, IL?

Most brain injuries we handle trace back to preventable conduct. Common causes include:

  • Falls on unmaintained stairs, icy walkways, and poorly lit property
  • Chicago car accident collisions, along with pedestrian, bicycle, and motorcycle crashes
  • Construction accident falls from height and struck-by incidents
  • Assaults, including firearm injuries
  • Medical malpractice, such as delayed diagnosis of a bleed or a lack of oxygen during surgery

What Should I Do After a Head Injury in Chicago?

The days right after a head injury shape the case that follows. If you are able, take these steps:

  1. Get evaluated the same day, even if you never lost consciousness.
  2. Report the crash, fall, or incident, and ask for a copy of the report.
  3. Photograph the scene, the hazard, and any damaged equipment or vehicle.
  4. Write down your symptoms daily, including headaches, mood changes, and memory gaps.
  5. Speak with an attorney before giving the insurer a recorded statement.

How Do I Prove Negligence After a Traumatic Brain Injury in Illinois?

Negligence is the failure to use reasonable care. Proving it requires several connected elements.

  1. The other party owed you a duty of care.
  2. That party breached the duty through action or inaction.
  3. The breach caused your brain injury.
  4. You suffered damages as a result.

Evidence That Carries Weight in a Brain Injury Case

Our attorneys move quickly on proof that disappears, then build the medical record around it.

  • Surveillance and traffic camera footage before it is overwritten
  • 911 audio, incident reports, and photographs of the scene
  • Maintenance, inspection, and safety-training records
  • Treating physician opinions on causation and prognosis
  • Vocational and life care evaluations that quantify future losses

How Long Do I Have to File a Lawsuit After a Traumatic Brain Injury in Illinois?

Most injured people have 2 years from the date of injury under 735 ILCS 5/13-202. When a brain injury causes death, families generally have 2 years from the date of death under the Illinois Wrongful Death Act.

Miss the deadline and the court can dismiss the case without reaching the evidence.

Shorter Deadlines for Government and Transit Claims

Claims against a local public entity, including the CTA, carry a one-year filing deadline. Anyone hurt on a bus, a train, or public property should speak with an attorney promptly.

Deadlines for Injured Children

Under 735 ILCS 5/13-211, the clock for a child's injury claim generally does not begin until their 18th birthday. Shorter government deadlines can still apply, so a parent should not assume there is extra time.

Contact Our Chicago Traumatic Brain Injury Lawyer for a Free Consultation

A brain injury changes what your family can plan for, and the insurance company is already building its file. Our attorneys can review what happened, explain the deadlines that apply, and outline the legal options available to you.

Herbert Rosner Connelly Law Firm represents injured people throughout Chicago and Cook County from our office at 65 W Jackson Blvd. To speak with a Chicago traumatic brain injury lawyer, call us today for a free case evaluation.

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