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.


Pedestrian-Bicycle Collisions in Illinois

Web Admin - Thursday, March 06, 2014

illinois pedestrian bicycle accident attorneyPedestrians walking down the sidewalk or crossing the street know to watch out for cars, but many are unaware of just how dangerous a passing bicycle can be and what to do in the event that they end up in an accident with a bike. Collisions between bikes and pedestrians are surprisingly dangerous and more common than many people expect. While exact numbers are difficult to find, since many bike accidents go unreported, a study from Hunter College estimates that over 1,000 pedestrians are hospitalized each year for injuries resulting from bike collisions in New York State alone.

Part of the reason for this is a lack of understanding on by both cyclists and pedestrians about what rules of the road bikes must obey. This leads to confusion on the part of the pedestrian about what the cyclists will to do in any given situation. The Illinois Secretary of State maintains a good guide regarding how traffic laws apply to bikes, but the rule of thumb is that a bicycle in the street must obey all laws that any other vehicle would, and a bicyclist on the sidewalk must obey the laws and signals used by pedestrians.

Harm from Bicycle Accidents

While bicycles lack the mass and speed of a car, they can still do serious harm to unprotected pedestrians in an accident. Some of the most common severe injuries that result from these sorts of accidents are traumatic brain injuries (TBIs). Pedestrians can develop these types of injuries if they suffer a hard blow to the head after a bike knocks them down. The most common symptom of a TBI is a concussion, but they can also result in nausea, vomiting, headaches, seizures, and even coma in more serious cases. Bike accidents can also frequently cause broken bones, depending on the speed at which they happen and the way the pedestrian falls.

What to Do after a Bicycle Accident

The steps to take after a bicycle accident are similar to those that follow a car crash: make sure everyone is ok, call for medical attention if necessary, alert the police, and exchange information with the other party. The major difference is that bike accidents are more prone to turning into hit-and-runs. While bicyclists are obliged to stay at the scene of an accident just like drivers, many do not realize that they have that duty, and some who do know choose to flee the scene anyway. The best course of action here is to get as much identifying information about the fleeing cyclist as possible, and then make a report to the police.

If you have been the victim of a pedestrian versus bicycle accident, reach out to an Illinois personal injury attorney today. They can help you seek the full and fair compensation that you deserve. Our firm lends its experience and knowledge to clients across the northwest suburbs, in places such as Inverness, Deer Park, and Crystal Lake.

About 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.

Recent Posts


Crystal Lake employment lawyer Illinois wrongful termination lawyer pet bites deed transfer spinal cord injury Illinois Probate Act of 1975 guardianship attorney wage theft Attorney Ken Apicella DUI penalities FSLA Chicago insurance law firm murder Arlington Heights medical malpractice lawyer Illinois Smoke Detector Act ACA natural gas explosion capital gains tax ObamaCare IRS Illinois tax attorney Illinois traffic ticket lawyer Buffalo Grove traffic attorney criminal defense preventing accidents Illinois employment laws college kids Barrington boating accident attorney jet ski accidents murder charges Deer Park real estate law firm Chicago lawyer South Barrington real estate lawyer Palatine real estate lawyer Illinois speeding lawyer Rolling Meadows boating crash lawyer estate planning IRA benefits Rolling Meadows litigation lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys criminal pedestrian injuries, pedestrian fatality Illinois workers compensation lawyer gift taxes loopholes golf accidents traffic violations Schaumburg employment law attorneys Barrington employment law attorney Palatine traffic lawyer Long Grove estate planning Rolling Meadows Attorney fault based insurance insurance denials Arlington Heights pedestrian accidents rumble strips Deer Park employment law attorney fatal car accidents slip and fall accidents Barrington criminal lawyer home inspection lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Policy Cancellation Buffalo Grove personal injury attorney Crystal Lake car accident attorney Illinois driving without license Rolling Meadows traffic law firm Arlington Heights traffic attorney irrevocable trust work unions license suspension civil litigation attorney Schaumburg criminal attorney car crash injuries Mt Prospect Attorney Illinois employment attorneys Crystal Lake injury attorney Schaumburg civil litigation attorney corporate law life insurance policy estate planning attorney Crystal Lake tax lawyer anesthesia errors Kenilworth estate planning attorneys federal crimes medical malpractice claims Barrington litigation attorney employees drug crimes Crystal Lake medical malpractice attorneys medical malpractice BAIID Buffalo Grove personal injury lawyer employment attorney Illinois insurance lawyer ken apicella Mount Prospect wills and trusts lawyers Buffalo Grove probate lawyer Deer Park motorcycle accident lawyer DUI attorney Illinois insurance claims lawyers Illinois medical malpractice case Illinois DUI attorney Illinois living trust vs will insurance dispute attorney expungement Illinois job attorney POA medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers workers comp defective products lawyer loss of consortium blood alcohol content rollover accidents Inverness personal injury attorney cell phone accidents Schaumburg injury lawyer Barrington estate planning attorney Thanksgiving Illinois workplace discrimination attorney Crystal Lake employment attorney manufacturing workers compensation benefits estate plan living wills license reinstatement Schaumburg probate attorney senior citizens medical malpractice compensation Rolling Meadows business lawyer contracts insurance disputes probate claims Mount Prospect elder law attorney landlord license wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace problem employees traffic tickets Barrington personal injury lawyer insurance attorney real estate closing Buffalo Grove real estate attorney traffic violations defense compensatory time DUI defense employment law Illinois real estate lawyer Illinois mortgages preventable medical errors murder defense Barrington attorney Illinois traffic accident lawyer Palatine traffic accidents Illinois medical malpractice lawyers Illinois insurance disputes Palatine Attorney DGAA Palatine insurance lawyer life insurance lawyer rollover car crashes dram shop law Super Mario Arlington Heights TBI attorney Arlington Heights personal injury lawyer Arlington Heights car accident lawyer owner responsibility swimming pools Rolling Meadows insurance dispute lawyers Palatine construction attorney personal injury claims field sobriety test Des Plaines civil attorney Illinois car accident attorney federal regulations for LLCs car crash drug crime pain and suffering clemency fiduciary rule commercial real estate motorcycle accident trustee no contest clauses Chicago insurance claim attorneys Crystal lake insurance dispute attorney independent contractor privacy Illinois jet ski accident lawyer Illinois traffic attorneys vacation home fines Inverness injury lawyer startup company modern family estate planning Chicago will attorney sole proprietorship real estate lawyer foreclosed rental property estate tax car accident employment lawyer caretaker rights bike accident dog bites installment contracts Barrington drug crime attorney Chicago attorney Illinois boating accident lawyer Des Plaines Traffic Lawyer Deer Park DUI lawyer Buffalo Grove injury lawyer forming a corporation in Illinois Illinois living will distracted driving accidents low-ball insurance settlement traffic accidents Schaumburg wrongful death attorney Deer Park accident attorney Rolling Meadows marijuana attorney changes to mortgage law Palatine criminal defense lawyer Inverness probate lawyer real estate trench injuries Des Plaines injury law firm digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois lawyer Mount Prospect real estate lawyer real estate zoning living trust benefits Home Remodeling Repair Act personal injury law firm Chicago trucking accident attorney Schaumburg construction accident lawyer Rolling Meadows car accident lawyers investment property liability claims insurance claim dispute car crashes elder law Arlington Heights tax lawyer Rolling Meadows Traffic Lawyer insurance claim dispute attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Arlington Heights trucking lawyer Illinois bicycle safety income distribution deducation Chicago employment attorney Des Plaines pet law attorney Des Plaines medical malpractice attorney Rolling Meadows tax attorney Arlington Heights wills and trusts attorney Palatine workers compensation lawyer driving first degree murder disability benefits trust payments wills and trusts Arlington Heights accident attorney Buffalo Grove insurance claim dispute lawyers employee misclassification Palatine corporate attorney Illinois attorney Barrington criminal defense lawyer digital assets employment law, Illinois employment laws employment contract life insurance Inverness real estate lawyer Rolling Meadows traffic attorney wills tax attorney Arlington Heights car crash attorneys South Barrington real estate attorney power of attorney for healthcare Schaumburg drug defense lawyer Exclusions advance healthcare directive Des Plaines drug crimes lawyer head on collisions controlled substance filing a medical malpractice claim personal injury accidents employee discrimination comparative negligence subcontractor Buffalo Grove medical malpractice lawyers Rolling Meadows employment law attorneys food poisoning right to work denied insurance claim Illinois estate planning law firm Deer Park traffic lawyer meal breaks car collision whistleblower protections Arlington Heights criminal lawyer Inverness real estate attorney Des Plaines motorcycle accident attorney holiday statistics Illinois employee rights attorney. Long Grove estate planning attorney estate planning lawyer Illinois injury lawyer Illinois insurance dispute lawyers Crystal Lake accident attorney Arlington Heights employment attorney Long Grove wills and trusts attorneys construction accidents agent School Visitation Rights Act living trust mass shooting Barrington business law firm traffic crimes Retaliatory Discharge Inverness elder law lawyer Chicago car accident lawyer in terrorem provision boating accidents Palatine elder law attorney child safety Palatine probate lawyer product liability llinois Real Estate Lawyers Association insurance agent negligence healthcare claims slip and fall license revocation Chicago traffic lawyer Illinois personal injury Rolling Meadows employment law attorney Barrington civil litigation attorney rent to own real estate contracts Rolling Meadows employment attorney Riverwoods estate planning lawyer Home Sale Contingencies paid sick leave Illinois workplace lawyer breathalyzer test Palatine civil attorney special needs trust Rolling Meadows Crystal Lake will lawyer Palatine personal injury lawyer Liquor Control Act Crystal Lake insurance lawyer accidental death benefits taxes Illinois home inspection digital media accounts, estate planning, Arlington Heights estate planning attorney, institutional trustee BUI PTSD traumatic brain injuries medical research drunk driving Colin H. Gilbert insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows personal injury lawyer Illinois employment lawyer Rolling Meadows probate lawyer Palatine drug lawyer workplace sexual harassment Kenilworth estate planning attorney Chicago corporate attorney Illinois insurance attorney surgical mistakes Illinois medical malpractice claim deadly crashes Illinois trusts attorney boating DUI pizza emoji revenge porn Schaumburg corporate attorney real estate leasing creditors new real estate form Arlington Heights employment law attorneys Crystal Lake estate planning lawyer Crystal Lake traffic attorney trucking accidents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation job lawyers Des Plaines personal injury attorney Inverness corporate attorney GM ignition switches Illinois corporate lawyer Illinois elder law attorney Illinois Workers’ Compensation Commission Illinois Wage Payment and Collection Act comp time defective products Rolling Meadows medical malpractice lawyers uninsured motorist homestead rights Crystal Lake civil litigation lawyer Illinois real estate Des Plaines tax law firm Schaumburg personal injury lawyer civil litigation digital information icy parking lots foreclosure criminal record Do Not Resuscitate probate fees trusts brain injury attorney fees Inverness DUI lawyer vacation home probate Illinois personal injury lawyers Illinois employment law firm insurance claims Crystal Lake law firm Arlington Heights Attorney Rolling Meadows corporate lawyer Chicago estate planning Rolling Meadows drug defense attorney medical marijuana Schaumburg Inverness accident lawyer Jay Andrew overtime violations speeding drug crimes lawyer medication errors Illinois insurance claim attorney Barrington Traffic Lawyer liability Forcible Entry Chicago employment lawyer pedestrian accidents Illinois employment law Rolling Meadows criminal lawyer Des Plaines DUI attorney Arlington Heights insurance attorney crossover accidents consent to a search DMV fiduciary rule delay Illinois insurance claim dispute lawyer insurance claim denials Illinois trucking safety Arlington Heights injury attorney Arlington Heights wills and trusts lawyers Rolling Meadows real estate attorney DNR Arlington Heights wills and trusts attorneys appealing an insurance claim Class A misdemeanor healthcare Illinois pedestrian accident attorney car accidents natural gas Schaumburg personal injury attorney Legal Info Barrington real estate lawyer Arlington Heights wills and trusts lawyer Illinois construction accident attorney Colin Gilbert LLCs wrongful termination real estate contract denied insurance claims real estate attorneys Food and Drug Administration's Food Safety Modernization Act Inverness traffic law firm Illinois Sales Representative Act pedestrian accident Deer Park criminal attorney Barrington personal injury attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, internet business litigation severance agreements underage DUI Crystal Lake personal injury attorney IRA trust transfer Chicago will attorney, social media platforms, Illinois estate planning lawyer, bicycle accidents Des Plaines accident attorney Palatine employment attorney insurance denial appeals probate lawyer Palatine law firm Illinois employment law attorneys Arlington Heights lawyer trauma after an accident hands free device Deer Park workers compensation lawyer pet law dealing with problem employees Illinois wills and trusts attorneys cell phone tower data insurance dispute overtime pay Schaumburg traffic lawyer Long Grove real estate lawyer bicycle dooring accidents traffic laws FMLA Buffalo Grove criminal defense lawyer Crystal Lake personal injury lawyer Kenilworth estate planning lawyer drunk driving statistics privacy laws reckless homicide probate claims process Detainer Actions Palatine estate planning lawyer financial advisors Des Plaines drug lawyer Landlord Tenant Ordinance underinsured motorist Schaumburg insurance lawyers Palatine employment lawyer commercial leases civil rights violation Fourth of July truck collisions insurance claim denial Illinois criminal defense attorney residential real estate Joliet general practice lawyers pay when paid contract texting and driving insurance claim delay rest breaks Chicago estate planning lawyer traffic deaths Barrington injury attorney Crystal Lake traffic lawyer health insurance dispute estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers trucking accident lawyers sexual harassment estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Long Grove estate planning attorneys mortgage Buffalo Grove corporate attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Buffalo Grove employment lawyer life insurance claims Barrington estate planning lawyer Illinois estate planning Palatine injury attorney Barrington workers compensation attorney Crystal Lake car accident lawyer Arlington Heights Traffic Lawyer operating agreements Illinois collections attorney Inverness estate planning lawyer Illinois employment law attorney products liability Whistleblower Claims Family Medical Leave Act Schaumburg estate planning lawyer Transfer on Death Instrument estate attorney landlord tenant law commercial leasing dynasty trusts Des Plaines real estate attorney Illinois personal injury attorney blended families Fair Labor Standards Act Crystal Lake business law attorneys Schaumburg estate attorney Illinois pet lawyer Palatine trusts lawyer Arlington Heights real estate lawyer Des Plaines personal injury lawyers Des Plaines insurance attorney back injuries Palatine employment law lawyer Arlington Heights personal injury attorney Inverness civil lawyer Schaumburg estate planning attorney hit and run accident Des Plaines small business Deer Park medical malpractice attorney breach of contract wrongful death criminal law Palatine corporate law attorneys workers compensation auto accidents Crystal Lake criminal defense attorney Inverness insurance attorney Chicago biking tips Illinois small business Rolling Meadows criminal attorney Palatine business attorney unpaid overtime estate planning for college students cell phone marijuana Des Plaines collections attorney Schaumburg criminal law attorney distracted driving accident victims car accident lawyers marijuana crimes attorney Illinois defective products attorney Crystal Lake pet attorney Schaumburg elder law lawyer Schaumburg personal injury lawyers Illinois probate lawyer DUI Barrington employment law firm Illinois registered agent Self-Directed IRA Accounts Illinois law condo association Rolling Meadows personal injury lawyers Illinois traffic attorney Illinois estate planning attorney Illinois civil litigation lawyer unpaid assessment Deer Park traffic accident attorney probate process Schaumburg car accident attorney Crystal Lake bike accident lawyer Long Grove real estate attorney Illinois motorcycle accident lawyer car accident lawyer estate planning trusts Crystal Lake pedestrian accident lawyer minimum wage CAM BAC real estate attorney Illinois medical malpractice attorney condo Rolling Meadows insurance lawyer Buffalo Grove law firm insurance adjusters Illinois will lawyer Rolling Meadows accident lawyer Buffalo Grove car accident lawyer spinal cord injuries nursing home negligence boating under the influence Employment Discrimination Law elder abuse suspended license Rolling Meadows DUI lawyer TBI jet ski bad faith insurance claims digital evidence Crystal Lake medical malpractice law firm traffic offenses premises liability Des Plaines claims law firm Illinois wills and trusts IRELA personal injury claim Deer Park personal injury lawyer Illinois business law atorneys personal injury liens hiring employees involuntary manslaughter social media after death denial of life insurance eluding a police officer Rolling Meadows insurance attorney Schaumburg Attorney Illinois business lawyer Palatine civil litigation lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Illinois personal injury lawyer Affordable Care Act drugs Crystal Lake employment law attorney Barrington Illinois estate planning lawyer unfunded trust automated cars Palatine punch death Illinois insurance claim dispute lawyers Illinois rollover accident lawyers traumatic brain injury Arlington Heights estate planning attorney texting while driving Rolling Meadows estate planning attorney Illinois LLC creation drug possession Des Plaines personal injury lawyer insurance claim Schaumburg medical malpractice lawyer pregnant women insurance negligence underfunded trust Illinois Human Rights Act power of attorney Rolling Meadows personal injury attorney insurance agents Schaumburg real estate lawyer personal injury attorney sexual images Barrington medical malpractice lawyers Buffalo Grove traffic lawyers Federal Food Drug and Cosmetic Act caregiver Illinois red light cameras employee rights Des Plaines real estate lawyer motorcycle accident lawyer Barrington employment attorney personal injury lawyer pedestrian-automobile accident Illinois workers compensation attorney Illinois Transfer on Death Instrument Schaumburg employment attorney Des Plaines criminal attorney construction contracts unauthorized overtime Illinois traffic laws Crystal Lake medical malpractice lawyer