Brain Injuries in Car Accidents

Establishing Fault for Brain Injuries in Car Accidents

If you have suffered a brain injury due to another person’s negligence, you may be entitled to recover compensation for your harm. Negligence is the legal theory that is most often used to determine fault in a car accident case. Negligence takes place when an individual causes an accident and resulting harm by failing to use reasonable care behind the wheel. Reasonable care is defined as how an ordinarily prudent person would have acted under the same or similar circumstances. In order to prove negligence, the plaintiff must be able to establish the following: i) the at-fault driver owed the plaintiff a duty of care; ii) the at-fault driver breached the duty of care; and iii) the at-fault driver’s conduct was a direct cause of the car accident and resulting brain injury.

Illinois follows the modified comparative negligence rule under which people who are hurt in an accident can recover damages so long as they are less than 50 percent responsible for the injury. For example, if you (the plaintiff) are determined to be 30 percent at fault, you may still recover damages for your harm but your total damages amount will be reduced by your share of fault (i.e., 30 percent). However, if you are determined to be 50 percent or more at fault for a wreck, you will be barred from recovering any compensation at all.

Types of Compensation Available in Brain Injury Cases

A brain injury can significantly impact a person’s cognitive, physical and psychological abilities. Illinois law recognizes that medical expenses associated with a brain injury can be extremely high. For this reason, injured plaintiffs may be entitled to a variety of economic and non-economic damages including, but not limited to: medical expenses, future medical expenses, rehabilitation and treatment, pain and suffering, lost wages and benefits, property damage, and any other losses arising from the accident. The question of damages is not as straightforward as it may seem. A skilled injury lawyer will consult the necessary experts to come up with an appropriate damages amount in your case.

Experienced Car Accident Attorneys Serving Wheaton and Schaumburg

If you have suffered a brain injury in a car accident caused by someone else’s negligence, you may be entitled to compensation for your harm. At Therman Law Offices, our skilled Wheaton and Schaumburg lawyers are committed to providing a voice for those who have suffered a serious injury. We represent clients from Hoffman Estates, Streamwood, Arlington Heights, Elgin, Hanover Park, Bartlett, Bensenville, Wood Dale, Bloomingdale and Roselle. Feel free to call us at 312-588-1900 or contact us online.