Chicago Brain Injury Lawyer

Maximum Compensation for Victims of Brain Injuries in Chicago

If you or a loved one suffered a brain injury due to someone else’s negligence, a Chicago brain injury lawyer at Chicago Injury Center can help you pursue the compensation you deserve. Our legal team has extensive experience handling traumatic brain injury claims across Cook County, whether they arise from car accidents, falls, or medical errors.

We fight for injured clients and their families throughout Chicago to recover damages for medical care, lost income, and long-term support after severe or permanent brain damage.

Brain Injury Settlements Recovered by Our Chicago Law Firm

At Chicago Injury Center, our expert personal injury attorneys in Chicago have extensive experience securing significant recoveries for clients with life-altering brain injuries.

$12,000,000 Surgical Error Settlement

Maria underwent cardiothoracic surgery in Chicago and suffered a brain injury and leg amputation due to a surgical error. The severity of her injuries, loss of independence, and need for lifelong care significantly increased the settlement value.

$16,433,000 Birth Injury Settlement

Baby Elijah sustained brain damage from oxygen deprivation during delivery. The medical team failed to act on signs of fetal distress. This high settlement reflected future medical expenses, loss of normal life, and the child’s lifelong need for specialized care.

$1,680,000 Rideshare Brain Injury Settlement

Jordan, a motorcyclist, was hit by a rideshare vehicle while it dropped off a passenger. He suffered a mild traumatic brain injury. Though the injury wasn’t catastrophic, the rideshare company’s liability and his ongoing symptoms led to a sizable payout.

Proven Success That Makes Us the Best Chicago Brain Injury Attorneys 

At Chicago Injury Center, our top-rated brain injury attorneys have built a strong reputation for securing meaningful results for injured clients. We’ve handled complex brain injury cases involving car crashes, surgical mistakes, workplace incidents, and more.

Our legal team brings decades of combined experience, along with recognition bySuper Lawyers and theMillion Dollar Advocates Forum for outstanding client service and case outcomes.

Types of Brain Injury Cases We Handle

We represent clients who have suffered traumatic brain injuries in a wide range of situations, including the following:

Car Accidents and Other Motor Vehicle Accident Types

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrians struck by vehicle
• Rideshare or commercial vehicle crashes
• ATV, scooter, or recreational vehicle accidents

Slip, Trip, and Fall-Related Brain Injuries

• Falls on icy sidewalks
• Slips and falls in stores or public buildings
• Workplace falls (ladders, scaffolds, rooftops)
• Falls due to inadequate lighting or guardrails

Construction and Workplace Brain Injury Cases

• Head trauma from falling objects
• Falls on construction sites (scaffolds, ladders)
• Industrial explosions or impact injuries
• Toxic exposure causing neurological damage
• Lack of protective headgear or safety protocol violations
• Defective products

Medical Malpractice and Care Negligence

• Brain cell damage from anesthesia errors
• Delayed diagnosis of stroke or brain bleed
• Surgical errors leading to brain trauma
• Birth injuries like HIE or cerebral palsy
• Neglect in nursing homes

Drowning, Near-Drowning & Water-Related Brain Injuries

• Non-fatal drowning incidents
• Lifeguard negligence or unsafe pools
• Boating accidents or jet ski collisions involving submerged victims

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is damage to the brain caused by an external force, such as a blow or jolt to the head. TBIs can lead to lasting cognitive, physical, or emotional impairments and often require long-term medical care and multiple surgeries.

What Are Common Types of Brain Injuries?

Traumatic brain injuries result from an external force impacting the head, often due to accidents, falls, or violence. We handle cases involving:

• Concussions – Often caused by falls, crashes, or blows to the head; symptoms may be mild but long-lasting.
• Contusions – Brain bruising from direct impact; may require surgical intervention.
• Coup-contrecoup injuries – Damage occurs on both sides of the brain (initial impact and rebound).
• Diffuse axonal injury (DAI) – Caused by severe rotation or shaking (e.g. in car crashes); leads to widespread damage to the brain.
• Penetrating brain injuries – Occur when objects (like bullets or debris) pierce the skull and brain tissue.
• Skull fractures with brain trauma – Common in construction or high-impact falls.
• Blast injuries (explosions or industrial incidents) – Often seen in workplace or military-related cases.

Non-traumatic brain injuries are caused by internal medical conditions or a lack of oxygen rather than a physical blow. We also represent clients in cases involving:

• Anoxic or hypoxic brain injury – Caused by oxygen deprivation (e.g. near-drowning, cardiac arrest, anesthesia errors).
• Stroke-related injury – Often due to misdiagnosis or delayed treatment, may require surgery to relieve pressure.
• Brain infections – Such as meningitis or encephalitis, especially if resulting from negligent medical treatment.
• Brain tumors – When delayed diagnosis or mismanagement leads to further harm.
• Toxic exposure – Resulting in neurological damage (e.g. carbon monoxide poisoning, chemical inhalation).
• Birth-related brain injuries – Such as hypoxic-ischemic encephalopathy (HIE), due to medical negligence during labor or delivery.

What Are the Signs of Mild vs Severe Traumatic Brain Injury?

Mild traumatic brain injuries often cause symptoms like persistent headaches, dizziness, confusion, blurred vision, and temporary memory issues. These signs may appear immediately or develop over several days.

In contrast, severe TBIs can lead to loss of consciousness, seizures, persistent vomiting, profound confusion, slurred speech, or paralysis. Victims may experience long-term cognitive or physical impairments requiring ongoing care. Any head injury—mild or severe—should be evaluated promptly to determine the extent of the damage and prevent further complications.

What Damages Can Brain Injury Victims Recover in Chicago?

Brain injury victims in Chicago may recover compensation for a wide range of damages, including medical bills, occupational therapy and rehabilitation, lost wages, and future lost income. Compensation may also cover pain and suffering, emotional distress, and diminished quality of life.

In severe cases, damages may account for permanent disabilities, home modifications, and long-term care needs. A Chicago traumatic brain injury lawyer can help calculate the full value of your losses and pursue maximum compensation from the at-fault party or their insurance provider.

What Is the Average Brain Injury Settlement in Chicago?

Per Law.com, the average brain injury settlement in Chicago is $11,978,956, with a median value of $5.55 million. Reported case outcomes span from $25,000 to $80 million, depending on factors like the severity of the injury, the long-term impact on the victim’s independence and earning ability, and the strength of the evidence proving the responsible party’s negligence. 

Higher-value settlements typically involve permanent cognitive impairment, extensive rehabilitation needs, or catastrophic injuries sustained by minors or primary wage earners.

Example Brain Damage Cases in Chicago

Ironworker Paralyzed in Job Site Fall

Ronald Bayer, an ironworker, was paralyzed after falling 15 feet from a beam at a DeKalb warehouse construction site. He wasn’t using a safety harness at the time. His construction accident lawyer argued that the general contractor failed to provide proper fall protection and created a hazardous work environment by allowing studs on beams. The jury found the contractor 80% liable. Bayer was awarded $80 million, later reduced to $64 million due to comparative fault.

Fatal Plastic Surgery Malpractice Case

Idalia Corcoles died following complications from a cosmetic procedure at a Chicago clinic. Her estate alleged the plastic surgeon and anesthesiologist failed to recognize and respond to internal bleeding. Despite showing signs of distress for hours, the estate’s medical malpractice lawyer argued Corcoles wasn’t sent to the hospital until she went into cardiac arrest. A jury awarded her family $56 million for their grief, suffering, and loss. The anesthesiologist settled mid-trial for $1.1 million.

Man Shot by Off-Duty Police Officer

Michael LaPorta was left paralyzed and permanently disabled after being shot in the head in the home of off-duty Chicago police officer Patrick Kelly. Though Kelly claimed it was a suicide attempt, LaPorta’s premises liability lawyer argued the city’s failure to discipline Kelly—despite 18 prior misconduct complaints—allowed the shooting to happen. The jury held the city partially liable, awarding LaPorta $44.7 million for his lifelong care needs, pain, and suffering.

What Needs to Be Proven in a Brain Injury Case?

To succeed in a personal injury case involving a traumatic brain injury (TBI), four legal elements must be established.

First, the defendant must have owed a duty of care to the injured person, such as a doctor, driver, or employer. Second, there must be a breach of that duty through careless or reckless behavior. Third, the breach must be the direct cause of the traumatic brain injury. Finally, the injured party must have suffered actual damages, such as medical expenses, lost wages, or long-term disability.

Why You Need a Brain Injury Attorney

Personal injury cases involving brain injuries are some of the most complex ones filed in the Cook County Circuit Court. Proving the full extent of a traumatic brain injury often requires expert medical testimony, long-term care assessments, and detailed review of healthcare records and imaging.

Defendants and insurance companies frequently challenge the diagnosis or the link to the accident. A skilled lawyer can handle these legal and medical hurdles to protect your rights and pursue the full compensation you’re owed.

How Common Are Brain Injury Accidents in Chicago?

Since 2020, OSHA has recorded four serious workplace accidents involving traumatic brain injury in Chicago, two of which were fatal. Incidents involved falls from scaffolding, residential roofs, ladders, and unguarded floor openings. Most occurred in construction-related trades, including roofing and specialty contracting.

What Laws Govern Brain Injury Claims in Chicago?

Brain injury claims in Chicago are governed by Illinois state personal injury and medical malpractice laws. For general negligence, the Illinois Compiled Statutes provide the foundation, specifically, 735 ILCS 5/2-1116, which outlines comparative fault rules. In cases involving medical negligence, the Malpractice Act (225 ILCS 60) applies.

A key legal precedent is Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010), which held that caps on non-economic damages in medical malpractice cases are unconstitutional. This ruling strengthens the ability of brain injury victims to pursue full compensation under Illinois law.

How Long Do I Have to File a Brain Injury Lawsuit in Chicago?

In Chicago, the time limit to file a brain injury lawsuit is generally two years from the date of the injury, under the Illinois personal injury statute of limitations (735 ILCS 5/13-202).

If the brain injury results from medical malpractice, the timeframe is also two years from when the injury was discovered or reasonably should have been, but no later than four years total (735 ILCS 5/13-212). Certain exceptions may apply for minors or cases involving delayed diagnosis.

Who Is Legally Liable for Brain Injury Accidents in Chicago?

In brain injury cases, legal liability depends on who caused or contributed to the injury. Motorists may be liable if a car crash results in a head injury. Property owners can be responsible for falls or hazards on their premises. Employers may be at fault in workplace incidents.

Medical professionals might face claims if malpractice caused damage to the brain during surgery or childbirth. Even product manufacturers can be sued if defective equipment contributed to a traumatic or acquired brain injury.

Common Defenses in Chicago Brain Injury Cases

In brain injury cases, common defenses include arguing the plaintiff had a pre-existing condition, that the injury wasn’t caused by the incident, or that the plaintiff was partially at fault. Defense teams may also question the severity of the injury or claim a delay in seeking medical attention.

As your attorneys, we push back with expert medical testimony, detailed medical records, and evidence linking the event to the injury, helping prove liability and secure the compensation you deserve.

How to Strengthen Your Brain Injury Case in Chicago

To strengthen your brain injury case in Chicago, seek immediate medical attention—even if immediate symptoms seem minor. Document every detail, including how the injury occurred and all medical visits. Keep records of missed work, physical therapy sessions, and out-of-pocket costs.

Avoid speaking with insurance adjusters before consulting a Chicago traumatic brain injury lawyer. Preserve physical evidence and get witness contact information if available. Prompt legal guidance helps protect your rights and build a case grounded in timely, accurate, and compelling documentation.

How a Chicago Brain Injury Lawyer Can Help

A Chicago brain injury attorney helps manage every aspect of your case—from investigating the cause and gathering medical records to consulting experts and negotiating with insurance companies.

We assess the long-term impact of the injury, calculate damages, and advocate for fair compensation covering medical bills, lost wages, and future care needs. If a settlement can’t be reached, we are prepared to take your case to trial. Legal support ensures your rights are protected throughout the process.

Chicago Brain Injury FAQs

What are the common causes of traumatic brain injury (TBI)?

Traumatic brain injuries often result from car accidents, falls, contact sports injuries, workplace incidents, or violent assaults. In Chicago, motor vehicle collisions and falls from heights are two of the most frequent causes of severe head trauma.

What are the consequences of TBI?

Consequences can include memory loss, cognitive impairment, speech issues, mood disorders, and motor function limitations. Severe cases may lead to permanent disability, requiring long-term care and impacting the injured person’s ability to work, communicate, and live independently.

Are personality changes following a TBI permanent?

Some personality changes—such as irritability, depression, or aggression—can improve with medical treatment. However, in cases involving severe brain injury, such as chronic traumatic encephalopathy due to repeated concussions, these changes may become lasting or only partially responsive to medical and psychological care.

Is a TBI considered a disability?

Yes, depending on the severity. A TBI can qualify as a disability under Illinois and federal law if it significantly impairs physical, mental, or emotional functioning, affecting a person’s ability to perform daily tasks or maintain employment.

How much does a brain injury attorney cost?

A brain injury attorney typically charges no upfront fees. Most work on a contingency fee basis, meaning they only get paid if they recover compensation for you through a settlement or trial verdict.

Who can file a brain injury claim in Chicago?

The victim can file a personal injury claim, or if they are incapacitated, a legal guardian or close family member can file on their behalf. In fatal cases, surviving family members may file a wrongful death claim.

How long does it take to settle a brain injury case?

Settlement time varies but can range from several months to over a year. Factors include the complexity of the injury, insurance negotiations, the need for expert testimony, and whether the case proceeds to trial.

Consult a Chicago Brain Injury Lawyer Near You!

If you or a loved one suffered a traumatic brain injury due to someone’s negligence, Chicago Injury Center is here to help. Our top-rated Chicago brain injury attorneys work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We understand the lifelong impact of brain injuries and fight to secure the support you deserve. Contact us to schedule your free consultation.