How to Obtain Compensation for a Head Injury Caused By Negligence

Web Admin - Thursday, February 14, 2019
Schaumburg brain injury attorneyAs recently as 20 years ago, if someone was struck on the head hard enough to become confused or unconscious, they might not even visit a hospital emergency room. A concussion was considered a relatively minor injury with only mild, short-term effects, such as a headache for a few days. Today, a concussion is considered a traumatic brain injury (TBI), and the potentially severe and long-term consequences of these injuries are much better understood. 

These consequences can include severe headaches, balance problems, cognitive difficulties, seizures, sleep disorders, and an increased risk of developing brain disorders such as Alzheimer’s and related forms of dementia, Parkinson’s disease, and Chronic Traumatic Encephalopathy (CTE). As a result, if you have suffered a head injury as a result of another party’s negligence, you may be entitled to substantial compensation.

Incidence and Causes of Traumatic Brain Injury

The U.S. Centers for Disease Control and Prevention (CDC) is a government agency charged with studying and making recommendations about serious health issues such as TBI. The CDC is still working on the development and implementation of a system to accurately measure the incidence of TBIs in the U.S., so the data available is currently rather limited.

During the years 2001 to 2010, the rate of emergency department (ED) visits for TBIs jumped substantially from 421 ED visits per 100,000 people in 2001 to 716 visits per 100,000 people in 2010. ED visits rose most dramatically after 2007, presumably due to increased media attention given to the long-term effects of concussions suffered by pro football players and members of the military. 

An estimated 1.7 million people suffer a TBI in the U.S. each year, while 5.3 million Americans currently live with a disability caused by a TBI. The leading causes of TBI are motor vehicle crashes, falls, and blows to the head involving an object or another person. Many falls and blows to the head result from sporting activities, and some are due to criminal assaults. Falls are most serious among people age 60 and older.

Compensation for Traumatic Brain Injury Caused by Negligence

In order to obtain compensation for a TBI, you must be able to show that you suffered serious injury as the result of an accident or event that can be directly attributed to someone else’s negligence. You generally must file a personal injury lawsuit within two years of the date of the accident (735 ILCS 5/13/202).

Here are a few examples of situations in which you might have a valid claim for damages resulting from a head injury:

- You sustained a concussion in a car crash caused by a drunk driver, and you have suffered lasting effects, such as severe headaches and memory issues.

- You suffered a TBI in a fall in a store, and the main reason you fell is that the store was negligent in maintaining safe conditions for their customers.

- You suffered a blow to the head during a fight in a bar in which the person who struck you behaved recklessly and intentionally.

Consult an Arlington Heights Head Injury Attorney  

If you have suffered a traumatic brain injury in a fall, collision, or other event caused by someone else’s negligence, it is important that you seek immediate treatment and diagnosis, as well as long-term care to document the full extent of your injuries. In order to file a claim for compensation from the negligent party, you will need evidence of their negligence as well as documentation of the specific injuries you sustained. 

To determine if you have a valid claim, consult with a knowledgeable Palatine personal injury lawyer. The law firm of Drost, Gilbert, Andrew & Apicella, LLC can help you obtain full and fair compensation for your injuries. Call 847-934-6000 to schedule a free consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Study Reveals New Possible Treatment for TBI Victims with Aggression Issues

Web Admin - Saturday, October 07, 2017

Illinois traumatic brain injury lawyerTraumatic brain injury (TBI) can result in all sorts of long-term complications, including mood swings and personality changes. Sometimes, those changes in demeanor are heartbreaking or sad. Other times, they can be frightening, either to the victim or to the people around them, because of the underlying aggression or rage. 

Much of this can be attributed to the changes that occur within the brain after injury, and it can last for the rest of the victim’s life. Sadly, such issues can cause even further damage to a victim’s life. They may be unable to maintain employment. Relationships may break down. They may even start to suffer from self-esteem and self-hatred issues, which only further perpetuates the cycle of aggression. Thankfully, science believes they may now have a pharmaceutical solution. 

More on the Possibility of Prescriptions 

The drug, which was originally developed in the 1960s, is an antiviral. Researchers developed the theory that it might help TBI victims after considering how it appears to decrease the cognitive issues experienced by Parkinson’s patients. They often take it to prevent certain illnesses and infections to which they are prone. However, it was not until recently that one doctor started treating patients with the medication – and one of them was a colleague. 

The effects of the drug appeared to be immediate, the study author and doctor using the treatment said in her preface to the publication. Even her colleague reported massive improvement. Further research would need to be done to determine if this effect is real or just a placebo, but the possibility of a treatment may give current victims hope. 

Dealing with the Effects of a TBI 

While patients can ask their doctors about the use of the antiviral medication, Amantadine, they may experience resistance. After all, one study is hardly enough to alter the way that traumatic brain injury is treated. Still, it is important for patients to talk to their doctors about issues they are experiencing after a brain injury – especially if they have an active personal injury claim, such as an auto accident claim. Failure to do so could lead to incomplete medical records, which could ultimately reduce a victim’s settlement. 

Contact Our Rolling Meadows Brain Injury Lawyers 

If you or someone you love has suffered a brain injury and negligence was the cause, contact Drost, Gilbert, Andrew & Apicella, LLC for help. Dedicated and experienced, our Rolling Meadows brain injury lawyers can provide you with an analysis of your case, protect your rights, and aggressively pursue the most compensation possible. To schedule your personalized consultation and ask how we can assist you, call 847-934-6000 today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Source: https://www.sciencedaily.com/releases/2017/09/170911122630.htm 

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