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Traumatic Brain Injury (TBI) Lawyer Chicago, IL
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A blow to the head in a crash or fall can change how a person thinks, works, and relates to the people around them. Some brain injuries are obvious right away, while others show up in the days and weeks that follow as headaches, memory problems, or changes in mood. A TBI lawyer in Chicago, IL can investigate the cause, document how the injury affects daily life, and pursue compensation from those responsible. Jacobson Injury Firm represents people with brain injuries throughout Chicago. Contact the firm for a free consultation.
How Traumatic Brain Injury Claims Work in Illinois
The Centers for Disease Control and Prevention (CDC) describes a traumatic brain injury, or TBI, as an injury that affects how the brain works. A mild TBI, often called a concussion, can be caused by a bump, blow, or jolt to the head, or by a hit to the body that makes the head move rapidly back and forth.
Most TBI claims in Illinois are negligence claims. The injured person must show that someone, such as a driver, property owner, or employer, failed to use reasonable care and that this failure caused the brain injury. The claim is usually made against that party’s insurance company first, and it becomes a lawsuit if the insurer will not pay a fair amount.
Brain injuries can be hard to prove. A person may look fine while struggling with concentration, memory, or sleep. A traumatic brain injury lawyer often works with neurologists, neuropsychologists, and other specialists to show the full effect of the injury.
When the Injury Happened at Work
Under 820 ILCS 305/5, a worker covered by the Workers’ Compensation Act generally cannot sue their own employer. The same section allows a lawsuit against a third party, such as a negligent driver or equipment manufacturer, whose actions caused the injury.
Where Brain Injuries Happen in Chicago
According to the CDC, people most commonly get TBIs from a fall, a firearm-related injury, a motor vehicle crash, or an assault. The CDC counted more than 69,000 TBI-related deaths in the United States in 2021.
In Chicago, traffic crashes are a major source of serious head injuries. The Chicago Department of Transportation’s annual crash report found that 1,896 people were seriously injured in Chicago traffic crashes in 2024, according to a summary by Streetsblog Chicago. Police crash records on the Chicago Data Portal show that in 2025, Western Avenue, Cicero Avenue, Pulaski Road, and Halsted Street were among the city streets with the most incapacitating crash injuries.
People with severe head injuries are often taken to a Level I trauma center. These include Northwestern Memorial Hospital and UChicago Medicine, which operates a Level I adult trauma center in Hyde Park and a Level I pediatric trauma center at Comer Children’s Hospital.
Common Causes of Traumatic Brain Injuries
Jacobson Injury Firm handles TBI claims arising from many types of accidents, including:
- Car crashes, including rear-end and T-bone collisions
- Truck accidentsinvolving large commercial vehicles
- Pedestrian and bicycle crashes, where there is little protection for the head
- Motorcycle crashes
- Slip-and-fall accidentson wet floors, broken stairs, or icy sidewalks
- Falls from heights at construction sites
- Assaults in places with inadequate security
What Compensation Can a TBI Victim Recover?
The CDC notes that a person with a moderate or severe TBI may have long-term or life-long effects. Even a mild TBI can cause problems with concentration, memory, headaches, and balance. A claim may include compensation for:
- Emergency care, hospital stays, and surgery
- Neurological care, cognitive therapy, and rehabilitation
- Future medical and personal care needs
- Lost wages and reduced ability to earn in the future
- Pain and suffering and emotional distress
- Changes in personality, relationships, and enjoyment of life
The value of a TBI claim depends on the severity of the injury, how it affects the person’s work and daily life, and the available insurance. Because symptoms can develop or change over time, settling too early can leave future needs uncovered.
What If the Injured Person Was Partly at Fault?
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. An injured person found more than 50% at fault for their own injury cannot recover damages.
A person who is 50% at fault or less can still recover, but the award is reduced by their share of fault. For example, a cyclist found 10% at fault with $500,000 in damages could recover $450,000. Insurers sometimes argue that an injured person was careless, or that their symptoms come from something other than the accident. A TBI lawyer in Chicago, IL can gather the evidence to answer both arguments.
What Should You Do After a Head Injury?
Anyone who hits their head or is shaken hard in an accident should take the injury seriously, even if they feel fine at first. After a possible brain injury, a person should:
- Get medical care right away.A doctor can check for danger signs and decide whether a brain scan is needed.
- Report all symptoms.Tell providers about headaches, confusion, memory trouble, dizziness, sleep changes, or mood changes, even if they seem minor.
- Follow up and keep records.Attend every appointment and keep a journal of symptoms and daily struggles. Family members’ observations can also help.
- Get the police or incident report.Reports help show how the injury happened and who was responsible.
- Avoid recorded statements.An insurer may ask for a statement before the person understands the full extent of the injury.
The firm’s article on how car accidents can affect your health long after the crash explains why some injuries are not obvious right away.
How Long Do You Have to File a TBI Claim in Illinois?
Under 735 ILCS 5/13-202, most personal injury lawsuits in Illinois must be filed within two years after the cause of action accrued, usually the date of the injury.
A shorter deadline applies to claims against local government bodies. Under 745 ILCS 10/8-101, most lawsuits against a local public entity, such as the City of Chicago, must be filed within one year. Because brain injury symptoms can take time to understand, it is wise to speak with a lawyer early.
No Fee Unless We Win
Jacobson Injury Firm handles traumatic brain injury cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.
The firm represents plaintiffs only. Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut and prepares each case as if it may go to trial.
Frequently Asked Questions
Is a concussion considered a traumatic brain injury?
Yes. The CDC treats a concussion as a mild TBI. Many people recover within weeks or months, but some have symptoms that last longer, and repeated concussions can lead to a longer recovery.
What if my brain injury symptoms did not appear until days later?
Some symptoms take time to show up or to be recognized. A claim can still be made, but it helps to see a doctor as soon as symptoms appear and to tell the doctor about the accident.
Can a traumatic brain injury lawyer help if a family member cannot manage the claim?
Yes. When a brain injury affects a person’s ability to handle their own affairs, a family member may need to be involved. A lawyer can explain how the claim can move forward.
How long does a TBI case take?
It depends on the severity of the injury and how long treatment lasts. Many cases wait until doctors can predict future needs, and cases that go to trial take longer.
How much does a TBI lawyer cost?
Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.
Contact a TBI Lawyer in Chicago, IL
Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. A brain injury can affect every part of a person’s life, and the claim should reflect that. A TBI lawyer in Chicago, IL can document the injury, calculate future needs, and hold the responsible party accountable. Contact Jacobson Injury Firm today to schedule a free consultation.