A traumatic brain injury (TBI) could leave you with long-lasting physical and psychological effects. If another party is responsible for your TBI, the law may entitle you to a settlement. This money could cover your doctor bills and lost wages and compensate you for your pain and suffering.
Not all personal injury law firms have the resources to devote to severe and catastrophic injuries like TBIs. Zayed Law Offices Personal Injury Attorneys is a larger firm with locations throughout northern Illinois. Other lawyers in the area refer their clients to us.
We have represented clients since 2009. Our Peoria traumatic brain injury lawyers are ready to help you. Call us today to learn more.
TBI Lawsuit Eligibility: An Overview
Not everyone can take legal action after a TBI. Before our attorneys can pursue a claim, we must establish that another party’s negligence caused your injury.
- “Another party” could be an individual or an entity such as a business or municipality.
- Negligence can constitute a careless action or failure to take action.
We work hard to investigate your injury. Negligence is not something we ask you to figure out on your own or expect you to know when you call us.
When we look at negligence, we consider the duty of care.
Duty of Care and Traumatic Brain Injury Accidents
There are state and federal laws in place to keep Peoria residents safe. For example, drivers must follow traffic laws. And OSHA regulations require your employer to provide a safe work environment.
This legal responsibility to others is called a duty of care.
If our lawyers review your traumatic brain injury case, we will ask these questions:
- Did the defendant owe you a duty of care?
- And did the defendant breach that duty of care, either through inaction or careless action?
- Did that breach of duty cause your TBI?
- And lastly, did you experience any damages from your TBI?
If we can answer “Yes” to these questions, you may be eligible to move forward with your claim.
5 Ways Our Traumatic Brain Injury Attorneys Can Help You
It can be a mistake to trust that the insurance company will do the right thing. Remember, these are for-profit companies that have a bottom line to protect.
While the insurance company and their legal team are busy looking after their best interests, we can look after yours. Here are five ways the attorneys at Zayed Law Offices Personal Injury Attorneys can help you.
We can advise you if it is too soon to accept a settlement
How a traumatic brain injury affects an individual can vary greatly. According to the Mayo Clinic, some symptoms may not appear until weeks later. And unlike other types of injuries, it is not always easy for doctors to determine how long TBI symptoms could linger.
If you accept an insurance payout before knowing your prognosis, you could incur unpaid bills and lost income. Our traumatic brain injury lawyers will not allow the insurance company to bully or intimidate you.
Our lawyers handle the legal aspects of your case
A TBI can result in problems with reasoning, memory, and decision-making. You may also experience mood changes. The insurance company knows this and could try to take advantage of your vulnerable state.
When you hire us, we take over communications with the insurance company and its legal team. You will not have to worry about phone calls or emails. You can rest and focus on your recovery and rehabilitation.
We can pursue maximum compensation for your damages
One way that a settlement can fall short is by underestimating your future expenses.
When needed, our attorneys consult economic and medical experts to consider:
- Will you need surgery in the future?
- Are you permanently disabled because of your TBI? How much is your lifetime lost wages?
- What is the lifetime cost of the in-home care that you need?
- What is a fair assessment of your emotional distress?
You typically only have one chance to receive compensation from the negligent party. Once you accept a settlement or an insurance payout, you often forfeit your right to pursue any more money.
Our lawyers can fight against false claims made against you
While each case is different, TBIs are often high-value cases. As you can imagine, the negligent parties may say you caused your injuries. We work hard to ensure that the defendant doesn’t blame you for an accident they caused.
We are equipped to go to trial
Many TBI claims settle outside of court. But there are times when the insurance company is unreasonable and refuses to negotiate. If that happens, a trial could improve your odds of a favorable outcome. If a trial is an option you want to pursue, we are ready to represent you.
Our Peoria TBI Lawyers Hold Negligent Parties Accountable
According to the Centers for Disease Control and Prevention (CDC), two leading causes of TBIs are falls and motor vehicle crashes. Many people experience a traumatic brain injury while doing everyday activities like shopping for groceries, spending time at a park, or driving to a friend’s house.
Traumatic brain injuries are often understood. Any jolt, bump, or blow to the head can cause a traumatic brain injury. You can sustain a TBI by falling a short distance—even a slip and fall accident on an icy sidewalk. And a car accident with little to no vehicle damage can still cause a traumatic brain injury.
While a TBI can happen anywhere, you and your loved ones may be more susceptible to an injury in certain locations in Peoria.
Anyone who gets behind the wheel of a motor vehicle has a responsibility to drive safely.
Examples of driver negligence may include:
- You were on foot and crossed North Sheridan Road to catch a CityLink bus. A distracted driver ran a red light and hit you.
- You stopped your car and waited to turn into the Hy-Vee parking lot. A speeding driver behind you did not have enough time to stop, and they rear-ended your car.
- An intoxicated driver went the wrong way on I-74. They struck your car head-on.
Individuals have a duty not to drive while intoxicated or distracted and to obey all traffic laws.
The winters in Peoria are harsh. Many pedestrians have to navigate icy and snow-packed sidewalks and walkways. It is easy to slip or trip.
The law requires property owners to keep their premises safe. That legal obligation extends to private homes, businesses, and municipalities. But if you are hurt, the owner could argue that you trespassed or “should have been more careful.”
If a property owner claims they are not responsible for your TBI, do not take their word for it. Give Zayed Law Offices Personal Injury Attorneys a call so we can investigate the matter.
Bars and restaurants
Peoria restaurants and bars are often busy during the evenings and weekends. Venue owners have a duty to their customers to keep the area safe. The combination of crowds, dim lighting, and spilled food or beverages can lead to an accidental fall.
If you hit your head while out with friends or family, maybe you initially downplayed the incident. If a doctor diagnoses you with a TBI after a fall in an eating establishment, give our office a call.
Venues such as Elevate Trampoline Park are popular destinations for Peoria families.
You can hold any trampoline park liable for your or your loved one’s traumatic brain injury if there was:
- Worn out or damaged equipment in need of repair
- A lack of supervision from the trampoline staff
- Misinformation, such as a sign falsely stating that an area was safe for young children
It is common for trampoline parks to require attendees to sign a waiver. But do not assume that a waiver automatically prevents you from taking any legal action. Many times, a waiver prevents you from suing if your injury didn’t stem from the venue’s negligence. The venue still has a duty of care to provide visitors with a safe environment.
Adults aged 65 and older are at an increased risk for accidental falls. The CDC reports that almost 25 percent of older adults in Illinois fall each year. Many more falls may happen in the state without victims reporting them.
An older adult can fall anywhere, but senior living communities can pose an additional risk. These facilities can be understaffed. And employees may work shifts before they receive comprehensive training.
Unfortunately, some facilities may not be straightforward about what happened. A cover-up or downplaying of injuries is possible. To add to the complexity, some TBI symptoms overlap with chronic conditions in the elderly, such as dizziness and impaired cognition.
If you suspect that your loved one sustained a TBI while living at River Crossing of Peoria, Generations at Peoria, Sharon Health Care Pines, or another nursing home, reach out to us.
Peoria Traumatic Brain Injury FAQs
Our Peoria law office receives a lot of questions about TBIs. Below are some of the most commonly asked questions. Keep in mind that each case is different. We encourage you to schedule your free consultation so we can discuss the specifics of your case.
What is the statute of limitations for traumatic brain injury claims in Illinois?
Each state limits how long you have to take legal action after an injury. Under 735 ILCS 5/13-202, you have two years to file a TBI lawsuit in Illinois. The court typically measures this time from the date of the injury, but there can be some exceptions.
We understand that two years seems like a long time, but there is no reason to put off calling our office. We can let you know if you have a valid legal claim and your other options. If you meet with us for a free consultation, you are not obligated to hire us or pursue legal action.
What types of damages can you recover after a traumatic brain injury?
A TBI has financial, physical, and emotional repercussions. After a traumatic brain injury, you may collect both economic and non-economic damages.
- Economic damages have associated costs, such as hospital bills, car repairs, and lost income. You should not have to go into debt if your injury was someone else’s fault.
- Noneconomic damages are subjective damages that do not have a set price, such as physical pain and suffering, and emotional distress.
You deserve compensation for what you and your family endured.
Do you have to go to court to win a TBI settlement?
Not necessarily. Many traumatic brain injury cases settle before they go to trial. There are pros and cons to a court trial, and our attorneys can discuss those in detail with you.
Briefly, some potential disadvantages are:
- A court trial can be expensive for both you and the defendant.
- The trial outcome is uncertain and ultimately left in the hands of a judge or jury.
And possible advantages include:
- A trial could be the best option if the insurance company refuses to negotiate.
- A trial may achieve the best possible outcome if the negligent party refuses to take responsibility and you have a strong case.
As the injured party, you have the final say in if you take your case to court or not. Our attorneys can advise you of your rights and options, but the choice is yours to make.
Who can file a traumatic brain injury claim?
The injured party must be the one to take legal action.
However, there are circumstances where someone else can pursue a claim on behalf of the injured party:
- Parents or legal guardians can file a TBI claim on behalf of their minor child.
- A spouse or other close relative may be able to file a lawsuit if the injured party is incapacitated.
- A designated power of attorney may also be able to pursue legal action.
Contact one of our Peoria traumatic brain injury attorneys if you have any questions about your eligibility to file a legal claim for yourself or someone else.
Get Answers from a Peoria Traumatic Brain Injury Lawyer
At Zayed Law Offices Personal Injury Attorneys, our traumatic brain injury attorneys are ready to answer your questions. Do not let the statute of limitations run out on your TBI claim. Contact us today at our Peoria office at (309) 518-1413, to find out how we can help you.