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Traumatic Brain Injury Lawsuit Frequently Asked Questions and Answers

What is a traumatic brain injury?

A. A traumatic brain injury is a brain injury often caused by external head trauma, violent movement of the skull or a lack of oxygen. People may suffer traumatic brain injuries as a result of car accidents, truck accidents, medical malpractice, falls from heights, construction accidents and other incidents.

How do I know if I have a traumatic brain injury?

A. There is a wide range of symptoms that could result from a traumatic brain injury. Symptoms may be very subtle, and may not necessarily begin immediately after the traumatic event. Symptoms may include loss of consciousness, headache, blurred vision, dizziness, loss of balance or coordination, nausea or vomiting, fatigue, mood changes, difficulty with memory or attentiveness, sleep pattern changes, and sensitivity to light or sound. Traumatic brain injuries can result in permanently impaired mental, physical or social functioning. If you or a loved one may have suffered a traumatic brain injury, you should immediately seek medical attention.

What rights do I have if I have suffered a traumatic brain injury in an accident or due to medical malpractice?

A. If you or a loved one has suffered a traumatic brain injury due to the wrongful or negligent conduct of another, you have a right to be fairly compensated. Traumatic brain injuries may result in lifelong consequences for victims and their families, including costly medical care, long-term rehabilitation, and challenges and decreased function that make it difficult or impossible to return to work or live a normal life. Our traumatic brain injury attorneys work with vocational experts, medical experts and other specialists to calculate and obtain proper compensation for medical expenses, rehabilitation expenses, loss of earnings and earning capacity, pain and suffering, and disability.

What are the time limits in Illinois for bringing a traumatic brain injury lawsuit?

A. While most personal injury and medical malpractice lawsuits in Illinois must be filed within two years, shorter or longer time limits may apply depending on the circumstances. Numerous factors come into play in properly calculating the time limit. If a lawsuit is not filed within the time allowed by law, the claimant’s right to recover money damages will be lost forever, so the important calculation is best done by qualified attorneys as soon as possible.

How much will it cost to hire a traumatic brain injury lawyer?

A: At Rapoport Weisberg & Sims P.C. traumatic brain injury cases are accepted on a contingency basis, meaning you owe nothing unless and until you win a settlement or verdict. If you win a settlement or verdict, the legal fee is a percentage of the amount of money that is recovered.

What should I look for in choosing a traumatic brain injury attorney to represent me?

There are many traumatic brain injury attorneys out there, and it’s important to know what separates the attorneys qualified to handle your traumatic brain injury claim from those who are not. Some of the main factors include:

  • EXPERIENCE: Traumatic brain injury cases are highly complex and often difficult to prove. Even when proven, there is a wide range in the amount of money that may be recovered depending on the evidence and arguments presented. Therefore, it’s vital to select an attorney with experience handling cases involving traumatic brain injuries and obtaining successful settlements and jury verdicts.
  • RESOURCES REQUIRED TO LITIGATE YOUR CLAIM: Generating the evidence to properly present a traumatic brain injury claim often takes substantial time and money. To obtain proper compensation, it is often necessary to hire highly qualified medical specialists and other experts, create persuasive visual exhibits, and conduct thorough investigations. A qualified attorney must have the time and money necessary to properly present your case.
  • DEDICATION AND DILIGENCE: It is in your best interests to select an attorney who only represents plaintiffs in personal injury cases. Also, be sure to choose an attorney who can offer you the individual attention you need. In doing so, you can ensure your claim is being handled by an attorney with the proper knowledge to litigate your case, and also that your claim will be thoroughly prepared and presented — not ignored because of an attorney’s large caseload.
  • RESULTS: Finally, you should seek out an attorney who has a reputation for achieving the maximum recovery for his or her clients. Oftentimes, the defendant in traumatic brain injury cases will be large corporations or insurance companies that hire highly skilled defense attorneys who work hard at preventing their clients from having to pay or minimizing what they do pay. A traumatic brain injury attorney with a history of securing successful results for clients is the type of attorney you should want handling your case.

If I bring a traumatic brain injury lawsuit, will I have to go to court?

A. While many cases involving traumatic brain injuries settle before the case goes to trial, there is always a chance that a trial may be necessary in order for you to obtain proper compensation. Therefore, it is important to hire an attorney with substantial trial experience and a record of success in traumatic brain injury cases. When the other side knows your attorney is a skilled and experienced trial lawyer, in many cases, that also increases their motivation to settle prior to trial.

If traumatic brain injury damages are recovered, is that money taxable?

A. Damage amounts recovered for traumatic brain injuries are generally not taxable.

Why is Rapoport Weisberg & Sims P.C. the right law firm to handle a traumatic brain injury case?

  • Rapoport Weisberg & Sims P.C. will screen your case and discuss your legal rights for free.
  • Rapoport Weisberg & Sims P.C. attorneys have an outstanding record of success settling and obtaining jury verdicts at trial for clients with traumatic brain injury cases.
  • Rapoport Weisberg & Sims P.C. has an established and constantly expanding network of expert resources to aggressively pursue the best outcome for our clients.
  • Rapoport Weisberg & Sims P.C. exclusively represents individuals who have suffered severe injuries and families who have lost loved ones as the result of the negligence of others.
  • Rapoport Weisberg & Sims P.C. only accepts a limited number of cases, so we may devote an appropriate amount of time and resources to each of our clients.
  • Our traumatic brain injury lawyers and legal support staff take great pride in delivering personalized legal service, never losing focus of what matters, our clients.

What is the best way to contact a lawyer at Rapoport Weisberg & Sims P.C.?

A. You may email a traumatic brain injury lawyer at Rapoport Weisberg & Sims P.C. directly. If you prefer to telephone a lawyer, our toll-free number is 866-693-3806. Or, you can begin by simply pressing the “contact us” button in the upper right-hand corner of this web page. We look forward to hearing from you.