Recovering Compensation for a Serious Brain or Spine Injury in Illinois

 Posted on December 12, 2019 in Catastrophic Injuries

Injuries to the spine and brain can be some of the most catastrophic injuries a person can endure. Because the brain and spinal cord are responsible for the transmission of nerves, the body’s movement, and basic functions like talking and walking, damage to these essential organs can dramatically decrease a person’s ability to live life the way they did before the injury.

If you or a loved one have suffered a serious spinal cord or brain injury and the injury was caused by medical malpractice, a negligent property owner, or another form of negligence party, a personal injury claim may help you recover compensation. While no amount of money can make up for an injury that affects the rest of your life, proceeds from a personal injury lawsuit can help you manage the vast expenses caused by a major injury and hold the negligent party responsible for its wrongdoing.

When Is a Successful Personal Injury Lawsuit Possible?

There are practically countless scenarios that can lead to a personal injury claim. Whenever another party’s negligence leads to your injury and damages result, a personal injury claim may be appropriate. A party is considered negligent when the following criteria are met:

• The party owed you a duty of care. This could refer to a doctor who has a duty to provide competent medical care, a store owner who has a duty to maintain a safe property, a car manufacturer with a duty to build cars without dangerous defects, and many other situations.
• The party breached its duty of care. When a person or company does not exercise reasonable care, it can be considered in breach of duty.
• The party’s actions or failure to act were the actual cause of your injuries. Put another way, if the party did not act the way that it did, you would not have been injured.
• The party could have foreseen the harm that its actions could cause. (Foreseeability and proximate cause)
• You suffered actual damages from the injury. Damages can include economic damages like medical bills and lost wages as well as noneconomic damages like the “loss of normal life” and your pain and suffering.

Consider the following example: You are driving to work, obeying the speed limit, and operating your vehicle safely. While proceeding through an intersection, your car is broadsided by another vehicle that failed to stop for the red light. It would later be determined that the driver was intoxicated, as well as texting while driving. As a result of the crash, you suffer a traumatic injury to your brain that requires many months of medical care and rehabilitation.

The driver owed you a duty of care to operate his or her vehicle safely and failed to do so. The other driver’s actions caused the accident in which you were injured, and the harm would certainly be considered foreseeable. As a result, you would have the basis for a personal injury lawsuit with a high likelihood of success.  

Contact a Rockford Personal Injury Lawyer

At Mannarino & Brasfield, A Division of Schwartz Jambois, we understand the devastation a major brain or spine injury can cause in a person’s life and the lives of family. After a serious spinal cord injury or brain injury, you may not be able to work in your chosen career or enjoy the activities you once loved. To learn about your legal options following a brain or spine injury, contact an experienced Winnebago County brain and spine injury lawyer. Call our office at 815-215-7561 to schedule a free consultation to discuss your case.

Sources:

https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/30.00.pdf