A traumatic brain injury can affect far more than memory or concentration. Depending on the severity of the injury, a person may experience headaches, dizziness, balance problems, difficulty concentrating, changes in mood or behavior, impaired communication, physical limitations, or an inability to return to the same work and activities.
At Robert Edens Law Office, we represent people who suffer concussions and other traumatic brain injuries in car accidents, truck crashes, motorcycle accidents, pedestrian collisions, falls, construction accidents, and other serious incidents throughout Lake County, McHenry County, Cook County, and surrounding Northern Illinois communities.
Bob Edens has represented injured people since 1991, and our personal injury practice has included neurological and traumatic brain injury cases. Our website also documents a prior Cook County verdict involving a claimant diagnosed with mild traumatic brain injury despite normal diagnostic testing, illustrating why these cases cannot always be evaluated solely from imaging. Prior results, however, do not predict the result of another case.
Call us at (847) 395-2200 or contact us here to discuss an Illinois traumatic brain injury claim.
A traumatic brain injury, or TBI, results when an external force disrupts normal brain function. A concussion is a form of traumatic brain injury and can result from a bump, blow, or jolt to the head or from an impact to the body that causes rapid movement of the head and brain.
Brain injuries are commonly described as mild, moderate, or severe based on medical criteria and the circumstances surrounding the injury.
The term “mild TBI” describes the initial severity classification. It does not mean that every person experiences insignificant symptoms or a quick recovery. The CDC emphasizes that mild TBIs and concussions can still have serious effects.
Moderate and severe traumatic brain injuries can produce long-term or lifelong problems involving cognition, communication, memory, movement, balance, hearing, vision, and other functions.
A person does not need to be knocked unconscious to suffer a concussion.
The CDC reports that most concussions do not result in loss of consciousness.
This matters in personal injury cases because an insurance company may attempt to minimize a brain injury when emergency records show that the person remained conscious, spoke with police, walked at the scene, or initially declined ambulance transportation.
Those circumstances do not independently establish whether a concussion occurred.
The medical evaluation should instead consider the mechanism of injury, symptoms, mental status, neurological findings, subsequent progression, and other appropriate clinical evidence.
Symptoms differ substantially from person to person and may change throughout recovery.
The CDC identifies symptoms involving several areas. Physical symptoms can include headache, dizziness, balance difficulty, fatigue, nausea, vision problems, and sensitivity to light or noise. Cognitive symptoms can include difficulty concentrating, feeling mentally slowed or foggy, memory problems, and trouble thinking clearly. Emotional and sleep-related changes can also occur.
Some symptoms occur immediately. Others may not become apparent for hours or days.
That delayed presentation can become important when an insurer argues that symptoms must not have been accident-related because the emergency department record did not contain every later complaint.
The medical history should accurately document when each symptom first appeared and how it progressed.
More serious TBIs can affect many aspects of independent functioning.
According to the CDC, moderate and severe TBI can involve difficulty thinking, learning, concentrating, remembering, communicating, coordinating movement, balancing, seeing, hearing, and processing sensory information. Some people experience chronic health problems and long-term functional limitations.
A severe brain injury claim may therefore involve much more than reimbursement of hospital bills.
Future rehabilitation, neurological treatment, assistance with daily activities, cognitive therapy, inability to work, reduced earning capacity, home modifications, supervision, and long-term care may need to be investigated when supported by medical evidence.
No.
Current CDC guidance explains that a CT scan is not required simply to identify a mild TBI or concussion. Imaging may be used when a healthcare provider is concerned about bleeding or another more serious structural injury.
This distinction is extremely important in mild TBI litigation.
A normal emergency CT can help exclude certain dangerous structural complications while the patient may still have a clinically diagnosed concussion.
An insurance company should therefore not treat “normal CT” and “no brain injury” as interchangeable conclusions.
We review the complete medical record, including the history, symptoms, neurological evaluation, follow-up care, specialist findings, and functional consequences.
Many people with mild TBI improve within weeks, but recovery is not identical for everyone.
CDC guidance states that most people can return to many ordinary activities within days or weeks with appropriate care, while some experience symptoms lasting for months or longer. The CDC advises further medical evaluation when symptoms persist or worsen after resuming normal activities.
Persistent symptoms can affect work, school, driving, reading, computer use, sleep, social interaction, and the ability to manage multiple tasks.
From a legal perspective, we want the record to document actual limitations rather than relying simply on the diagnostic label “concussion.”
Motor vehicle collisions can cause traumatic brain injury through direct head impact or rapid acceleration and deceleration.
A person may strike a steering wheel, window, dashboard, vehicle interior, pavement, or another object. A brain injury can also occur from forces that rapidly move the head even when there is no obvious external wound.
We handle TBI claims arising from car accidents, commercial truck crashes, motorcycle accidents, bicycle accidents, and pedestrian collisions.
Our Motor Vehicle Accident Lawyers page explains the broader liability and insurance issues involved in roadway crashes.
Falls can also cause concussion and more serious traumatic brain injury.
A person may strike the head directly or experience sufficient acceleration and deceleration to injure the brain.
Falls from stairs, elevated construction surfaces, ladders, scaffolds, icy walkways, defective floors, and other locations can potentially create personal injury claims when another party was legally responsible for the dangerous condition or activity.
Construction workers injured in falls may also have an Illinois workers’ compensation claim. A separate third-party action can sometimes exist when another contractor, property owner, equipment company, or other legally responsible party caused the accident.
Brain-injury cases frequently require more than collecting emergency-room records.
Depending on the severity and symptoms, relevant evidence may include neurological evaluations, neuropsychological testing, cognitive assessments, rehabilitation records, therapy documentation, medical imaging, employment records, school records, and testimony from people familiar with the injured person before and after the accident.
Family members, friends, coworkers, and supervisors may notice changes that the injured person has difficulty recognizing or explaining.
Examples can include difficulty remembering appointments, handling several tasks simultaneously, maintaining attention, controlling emotions, following conversations, working at the previous pace, or managing activities that were routine before the accident.
The goal is not to exaggerate changes. It is to accurately document whether the accident produced measurable differences in how the person functions.
Many mild brain injury symptoms are not externally visible.
Headaches, concentration problems, memory difficulty, fatigue, dizziness, or sensitivity to light may not be obvious to an insurance adjuster, defense attorney, judge, or jury.
Consistency therefore becomes particularly important.
We compare the initial accident history, emergency records, subsequent medical visits, treatment recommendations, work history, prior medical records, and testimony.
An inconsistent history can give an insurer an opportunity to challenge causation or severity. Accurate documentation can help distinguish legitimate persistent symptoms from unrelated medical problems.
A prior concussion, migraine disorder, psychiatric condition, neurological problem, or earlier head injury does not automatically prevent an accident claim.
The issue is whether the new accident caused an additional injury or materially aggravated an existing condition.
Prior records can help establish the person’s baseline before the accident.
We generally prefer to address a documented medical history directly rather than allow an insurer to portray earlier treatment as something that was concealed.
Cognitive symptoms can interfere with employment even when the injured person has no obvious physical disability.
The CDC notes that TBI symptoms can affect normal work activities.
A person may have difficulty sustaining concentration, processing information, remembering instructions, multitasking, communicating efficiently, managing stress, driving, working around hazards, or maintaining the same productivity.
More serious injuries can result in permanent inability to return to the former occupation.
We may use employment records, wage histories, medical restrictions, vocational evidence, and expert analysis when a brain injury produces substantial earning loss.
An Illinois personal injury claim involving TBI may potentially include compensation for past and future medical expenses, rehabilitation, lost wages, diminished earning capacity, pain and suffering, disability, loss of normal life, emotional consequences, and other legally recoverable damages supported by the evidence.
A catastrophic brain injury may also require evaluation of future attendant care, medical equipment, home assistance, rehabilitation, or other long-term needs.
There is no reliable average settlement for a concussion or traumatic brain injury.
A mild TBI that resolves within weeks presents a very different damages analysis from persistent post-concussive symptoms or a severe injury requiring lifelong assistance.
We evaluate the actual consequences rather than assigning a standard dollar amount to the diagnosis.
The word “mild” can be misleading outside its medical context.
Current CDC information specifically cautions that mild TBIs and concussions can have serious effects even though the injury is classified as mild because it is generally not life-threatening.
At the same time, not every concussion results in permanent impairment. Many people recover within weeks or months.
A fair evaluation should account for both realities.
The claim should be based on the individual person’s documented recovery, symptoms, treatment, occupational impact, and prognosis rather than assuming that every concussion is either insignificant or permanently disabling.
A traumatic brain injury does not change Illinois’ ordinary comparative-negligence rules.
In covered negligence actions, an injured person whose contributory fault is 50 percent or less may recover damages reduced by that percentage. A plaintiff whose fault exceeds 50 percent of the proximate cause is barred from recovery.
For example, $500,000 in proven damages reduced by 20 percent comparative fault would result in $400,000.
At exactly 50 percent fault, the claimant may still recover half of the proven damages.
The insurance carrier’s initial fault determination is not binding. We evaluate liability using the available physical, documentary, electronic, and testimonial evidence.
A work-related head injury may create an Illinois workers’ compensation claim.
Depending on the circumstances, benefits may include medical treatment, temporary disability, permanent disability, vocational rehabilitation, and other statutory compensation.
A construction worker, delivery driver, warehouse employee, or other worker may also have a separate third-party personal injury case when someone outside the employer caused the accident.
Our Illinois Workers’ Compensation Complete Claim Guide explains the work-injury system in greater detail.
Severe brain injuries can result in death immediately or after an extended period of medical treatment.
When another party’s wrongful conduct caused the death, qualifying family members may have rights under the Illinois Wrongful Death Act together with a potential Survival Act claim.
Our Illinois Wrongful Death Lawyers page explains those claims and the distinction between family wrongful-death damages and claims belonging to the deceased person before death.
Illinois generally requires an action for personal injury to be commenced within two years after the cause of action accrues.
That general rule is not universal.
Claims involving governmental defendants, medical malpractice, minors, legally disabled people, product liability, wrongful death, or other circumstances may involve different limitation periods, repose periods, or procedural requirements.
A brain injury case should also be investigated before the legal deadline approaches. Video, vehicle evidence, witness information, employment records, and other proof may become harder to obtain over time.
Yes. The CDC classifies concussion as a type of traumatic brain injury.
No. Most concussions do not involve loss of consciousness.
Yes. Some mild TBI and concussion symptoms appear immediately, while others may develop or become noticeable hours or days later.
Yes. CDC guidance states that CT imaging is not required simply to identify a mild TBI or concussion. CT can be used when clinicians need to evaluate the risk of bleeding or other complications.
Recovery differs by person. Many people improve within a few weeks or months, while some experience symptoms for considerably longer.
Potentially. Concentration, memory, fatigue, dizziness, emotional changes, and other symptoms may interfere with job performance.
A prior concussion does not automatically eliminate a claim. The medical evidence should determine whether the new accident caused another injury or aggravated existing symptoms.
There is no standard amount. Value depends on liability, injury severity, duration of symptoms, medical treatment, future care, permanent impairment, wage loss, earning capacity, available insurance, and the strength of the evidence.
Potentially. Illinois permits recovery when your contributory fault is 50 percent or less, with damages reduced proportionately. More than 50 percent fault bars recovery.
Most ordinary Illinois personal injury actions are subject to a general two-year limitation period, but important exceptions apply.
Traumatic brain injury cases can involve delayed symptoms, normal initial imaging, disputed causation, cognitive limitations, employment problems, future rehabilitation, and insurance-company arguments that symptoms cannot be objectively verified.
At Robert Edens Law Office, we evaluate the complete medical and factual record rather than reducing a brain injury claim to whether the person lost consciousness or whether an emergency CT scan was normal.
We represent injured people throughout Antioch, Waukegan, Grayslake, Gurnee, Lake Zurich, Round Lake, Lake Villa, Libertyville, Woodstock, McHenry, Crystal Lake, Barrington, and surrounding Northern Illinois communities.
Call us at (847) 395-2200 or contact us to request a consultation about an Illinois concussion or traumatic brain injury claim.
For additional information, visit the following pages:
Illinois Personal Injury Lawyers
Illinois Motor Vehicle Accident Lawyers
Illinois Personal Injury And Workers’ Compensation FAQs
Every traumatic brain injury claim depends on its individual medical evidence, accident circumstances, long-term effects, and applicable law. Prior results do not guarantee a similar outcome, and this page provides general information rather than legal or medical advice concerning a specific injury.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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