Brain injury lawsuits
by Michael Helfand
(Illinois)
If someone in your family has a brain injury, you know how devastating and frightening it can be. Many family members of brain injured individuals consider suing the people responsible for causing the injury, but caring for someone with a brain injury takes a lot of time and energy, and the idea of pursuing a lawsuit can be overwhelming.
A good attorney will take control of the situation, making it as stress-free as possible for their clients. Lawsuits aren’t easy, but if someone’s negligence caused the injury, seeking compensation can provide a lot of relief in terms of covering medical bills, long-term care costs, lost income and other damages.
Brain injury lawsuits are in the category of personal injury lawsuits, where the goal is proving that the defendant was negligent and that their negligence caused the injury. Some brain injuries are caused by a traumatic event, such as a car accident, others are caused by a lack of oxygen. Some are medical malpractice lawsuits, depending on the circumstances.
For example, if a newborn is injured during birth and suffers brain damage as a result, the lawsuit would likely be for medical malpractice. If you are injured at work, you most likely would have a workers’ compensation claim rather than a lawsuit. It can be a bit confusing, but you don’t have to figure this out on your own – an experienced attorney will explain all your options.
If you are considering legal action, it’s important not to delay. Obviously, the health and well being of your loved one should be your top priority. But there are deadlines for filing personal injury lawsuits, and if you miss the deadline, you could be barred from ever filing the lawsuit.
In Illinois, you generally have two years from the date of the injury to file a lawsuit, although there are some exceptions that allow more – or even less – time. Sooner is usually better. The sooner you can meet with an attorney the sooner you can start gathering documents, interviewing witnesses, etc. If you wait, things may get lost and people may forget what happened.
Personal injury attorneys, including those who handle brain injury cases, generally charge a contingency fee. This means that you only pay your attorney if they win your case either at trial or in settlement.
As general guideline, a contingency fee is around 1/3 of what you recover. If you lose, you pay nothing. It’s a risk for attorneys to take cases on a contingency, but they are willing to do so because of the possibility of a significant fee if they are able to win the case. For clients, contingency fees are attractive because there generally aren’t any fees or costs up front.
If you are thinking about a lawsuit, or wondering whether you have a good case, the first step is to get an initial consultation with an attorney. These consultations are free and give you a chance to ask the attorney a lot of questions.
Look for an attorney who focuses his or her practice on personal injury and has significant experience handling brain injury cases. Ask about their past successes and what their strategy would be for your case. Ask about fees, how they keep in touch with clients, and anything else that concerns you.
Don’t leave your case in the hands of just anyone. Do your research so you can have peace of mind that you’re doing everything you can for your family.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
