Naperville Traumatic Brain Injury Lawyers

Experienced Concussion Injury Attorneys

A traumatic brain injury, or TBI, can be one of the most serious injuries a person suffers after a car accident, truck crash, motorcycle collision, bicycle accident, pedestrian accident, fall, or other traumatic event. Unlike a broken bone or visible laceration, a brain injury may not always be apparent immediately after an accident. Symptoms can develop gradually, and some victims may initially believe they are simply experiencing the effects of shock, pain, or exhaustion.

For victims and families in Naperville, the consequences of a traumatic brain injury can be devastating. A person who once worked, attended school, cared for children, and participated in everyday activities may suddenly experience headaches, memory problems, difficulty concentrating, personality changes, balance problems, or other cognitive and physical limitations.

The Centers for Disease Control and Prevention (CDC) reports that traumatic brain injuries are a major cause of death and disability in the United States. In 2023, there were approximately 68,663 TBI-related deaths, while about 214,110 TBI-related hospitalizations occurred in 2020. These figures do not include the many people whose TBIs are treated only in emergency departments, doctors’ offices, urgent-care facilities, or not treated at all.

If you or someone you love suffered a brain injury because of another person’s negligence, you may be entitled to compensation. The experienced Naperville traumatic brain injury lawyers at John J. Malm & Associates can investigate the accident, work with medical professionals to understand the injury, identify the parties responsible, and pursue compensation for both current and future losses.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an outside force disrupts the normal functioning of the brain. According to the National Institute of Neurological Disorders and Stroke (NINDS), a TBI can result from a bump, blow, or jolt to the head or body, or from an object penetrating the skull. Non-penetrating TBIs can occur in motor vehicle crashes, falls, sports incidents, and other accidents. A TBI can range from mild to severe. A concussion is generally considered a form of mild TBI, but “mild” does not necessarily mean that the consequences are insignificant.

The brain can be injured even when there is no obvious external wound. The force of a collision can cause the brain to move rapidly inside the skull, potentially stretching or damaging brain cells. More serious trauma can cause bleeding, swelling, tearing of nerve fibers, or other forms of neurological damage. Traumatic brain injuries may include:

• Concussions or mild TBIs
• Contusions or bruising of the brain
• Intracranial bleeding
• Subdural hematomas
• Epidural hematomas
• Subarachnoid hemorrhages
• Diffuse axonal injuries
• Penetrating brain injuries
• Moderate TBIs
• Severe TBIs

The type and severity of a brain injury can significantly affect the victim’s prognosis and future medical needs.

Traumatic Brain Injury Statistics

TBIs are a substantial public-health concern. According to the CDC’s most recent data, approximately 586 people were hospitalized and approximately 190 people died from TBI-related injuries every day, based on available national data.

The CDC reports that people age 75 and older have the highest rates of TBI-related hospitalizations and deaths. Men also experience substantially higher rates of TBI-related hospitalization and death than women.

Earlier CDC surveillance found approximately 2.8 million TBI-related emergency department visits, hospitalizations, and deaths in the United States in 2013, including approximately 2.5 million emergency-department visits, 282,000 hospitalizations, and 56,000 deaths.

Illinois has also experienced a significant burden from traumatic brain injuries. An Illinois Department of Public Health report examining 2014 data found that 286,963 Illinois residents sustained a TBI that year. Of those individuals, 1,644 died, 13,345 were hospitalized, and 271,974 were treated and released from emergency departments. Although the Illinois report is based on 2014 data rather than current-year statistics, it demonstrates the magnitude of traumatic brain injuries across the state.

Car Accidents Are a Major Source of Brain Injuries

Motor vehicle crashes are among the circumstances in which traumatic brain injuries can occur. A collision does not have to involve a direct blow to the head to cause a TBI. Rapid acceleration, deceleration, rotation, and movement of the head and brain can produce neurological injury.

Naperville is located in an area with substantial traffic, including major roads and highways connecting the western suburbs with the Chicago metropolitan area. Serious collisions can occur on local streets, arterial roads, interstates, and other heavily traveled routes. A brain injury may result from:

• A direct impact with the steering wheel.
• A head striking a side window.
• A head striking the dashboard.
• A collision with another vehicle.
• A rollover crash.
• A rear-end collision.
• A side-impact crash.
• A pedestrian being struck by a vehicle.
• A bicyclist being thrown onto the pavement.
• A motorcyclist being thrown from a motorcycle.

Symptoms of a Traumatic Brain Injury

One of the challenges associated with TBI cases is that symptoms can vary significantly between individuals. Some symptoms occur immediately, while others may develop hours or days after the accident.

The CDC identifies physical symptoms such as headaches, dizziness, balance problems, nausea, fatigue, and vision problems. Cognitive symptoms can include difficulty concentrating, memory problems, feeling slowed down, and difficulty thinking clearly. Emotional symptoms may include anxiety, irritability, sadness, or increased emotionality. Sleep disturbances can also occur. Common TBI symptoms include:

• Persistent headaches
• Dizziness or vertigo
• Nausea
• Vomiting
• Blurred or double vision
• Sensitivity to light or sound
• Ringing in the ears
• Memory problems
• Difficulty concentrating
• Confusion
• Slowed thinking
• Fatigue
• Sleep disturbances
• Irritability
• Anxiety
• Depression
• Mood changes
• Loss of balance
• Problems with coordination

Importantly, the CDC warns that symptoms may appear immediately or develop over hours or days. This is one reason accident victims should not assume that they are uninjured simply because they felt relatively normal immediately after a crash.

Can You Have a Brain Injury With a Normal CT Scan or MRI?

Yes. A normal imaging study does not necessarily mean that a person has not suffered a concussion or mild traumatic brain injury. NINDS explains that currently available and clinically validated imaging technologies, blood tests, and other measures cannot always detect damage associated with mild concussive injuries. Neuropsychological testing can be used to evaluate areas such as memory, concentration, information processing, reaction time, and problem-solving.

This can be important in personal injury litigation. Insurance companies sometimes focus heavily on imaging results when evaluating claims. But a brain injury cannot necessarily be evaluated solely by looking at whether an MRI or CT scan shows an obvious abnormality. A complete evaluation may involve:

• Neurological examinations
• Cognitive testing
• Neuropsychological testing
• Vestibular testing
• Vision testing
• Speech and language evaluation
• Occupational therapy assessments
• Physical therapy assessments
• Medical imaging
• Review of medical history
• Evaluation of changes in behavior and functioning

Severe Traumatic Brain Injuries

Not every TBI is a concussion. Severe brain injuries can produce profound and permanent consequences. NINDS explains that severe TBIs can cause permanent disability and death. Serious brain trauma can result in problems with consciousness, communication, movement, cognition, and behavior. A severe TBI may result in:

• Coma
• Loss of consciousness
• Paralysis
• Seizures
• Memory impairment
• Cognitive impairment
• Speech difficulties
• Personality changes
• Loss of independence
• Permanent physical disabilities
• Need for long-term care

Families may suddenly find themselves providing care for someone who can no longer live independently. The financial consequences can be enormous.

The Long-Term Effects of a Brain Injury

A traumatic brain injury may affect virtually every part of a person’s life. A victim who returns home after an accident may discover that seemingly simple tasks have become difficult. They may struggle to remember appointments, follow conversations, complete work assignments, drive, manage finances, or interact with family members.

Some people experience changes that are particularly difficult for family members to understand because the injured person may look physically normal. The consequences can include:

Cognitive Problems

Brain injuries may affect memory, attention, processing speed, reasoning, and executive functioning.

Emotional and Behavioral Changes

An injured person may experience irritability, impulsiveness, depression, anxiety, or personality changes.

Physical Limitations

Balance problems, weakness, headaches, dizziness, and coordination difficulties can interfere with everyday activities.

Employment Problems

A brain injury can make it difficult or impossible to return to the victim’s previous occupation.

Loss of Independence

Severe injuries may require family assistance, home modifications, rehabilitation, or professional caregivers.

How Do You Prove a Traumatic Brain Injury Claim?

A TBI claim can require extensive medical and factual evidence. Because brain injuries are sometimes invisible, documenting the changes caused by the accident can be particularly important. Evidence may include:

• Emergency-room records
• Ambulance records
• CT scans and MRI results
• Neurologist records
• Neuropsychological testing
• Rehabilitation records
• Prescription records
• Medical bills
• Employment records
• Pay stubs
• Tax records
• Testimony from family members
• Testimony from coworkers
• Accident-scene photographs
• Police reports
• Vehicle damage photographs
• Surveillance video
• Dash-camera footage
• Expert medical testimony

Family members can sometimes provide important information about changes they observed after the accident. For example, a spouse may notice that an injured person has become unusually forgetful, irritable, fatigued, or unable to perform tasks that were previously routine.

Compensation for a Naperville TBI

A person injured because of another party’s negligence may be entitled to compensation for economic and noneconomic damages. Depending on the circumstances, damages can include:

• Past medical expenses
• Future medical expenses
• Rehabilitation costs
• Prescription medications
• Lost wages
• Loss of future earning capacity
• Physical pain and suffering
• Emotional distress
• Disfigurement
• Loss of normal life
• Permanent disability
• Costs of future attendant care

In catastrophic TBI cases, future damages can be particularly significant. A person may require decades of medical treatment or assistance. The cost of that care must be considered when evaluating the claim rather than focusing only on bills incurred during the first few months following the accident.

Illinois’ Two-Year Statute of Limitations

Illinois generally requires personal injury lawsuits to be filed within two years after the cause of action accrued, subject to statutory exceptions. The statute of limitations makes it important to investigate a potential TBI claim promptly.

There may also be different deadlines when the potential defendant is a governmental entity, when the victim is a minor, or when other specialized legal rules apply. For this reason, an accident victim should not assume that they have two full years to investigate every possible claim. Important evidence can disappear long before the statute of limitations expires.

What Should You Do After a Brain Injury?

If you believe you suffered a TBI after an accident, obtaining appropriate medical care should be your first priority. After that, consider taking steps to preserve evidence and protect your legal rights:

• Follow your doctor’s treatment recommendations.
• Attend follow-up appointments.
• Keep a record of symptoms.
• Preserve medical bills and records.
• Keep documentation of missed work.
• Avoid discussing the accident on social media.
• Preserve photographs and videos from the accident.
• Keep copies of communications with insurance companies.
• Do not provide a recorded statement without understanding your rights.
• Do not accept a settlement before understanding the full extent of your injuries.
• Consult an experienced Naperville brain injury attorney.

Why Insurance Companies May Dispute Brain Injury Claims

Insurance companies frequently evaluate personal injury claims based on available medical documentation. TBI cases can create challenges because some symptoms are subjective and some mild brain injuries may not appear on conventional imaging. An insurer may question:

• Whether the accident caused the brain injury.
• Whether symptoms began immediately.
• Whether the victim had a pre-existing condition.
• Whether medical treatment was necessary.
• Whether the victim can return to work.
• Whether future treatment will be required.
• Whether cognitive symptoms are related to the accident.

These issues can make thorough documentation particularly important. A successful TBI claim may require connecting the accident mechanism to the medical diagnosis and then demonstrating how the injury has affected the victim’s everyday life, employment, relationships, and future.

What John J. Malm Says About Brain Injury Cases

John J. Malm, a member of the Concussion Legacy Foundation, understands that the most serious consequences of a brain injury may not be visible from the outside:

“Traumatic brain injuries can fundamentally change a person’s life, even when there is no obvious physical sign of the injury. Our goal is to understand the full impact of the injury on our client’s health, work, family, and future, and to pursue the compensation necessary to address those consequences.”

A TBI case should not be evaluated solely by looking at the first medical bill or whether an MRI showed an abnormality. The focus should be on the complete picture of the injury and its effect on the person’s future.

Frequently Asked Questions About Naperville Traumatic Brain Injuries

What is a traumatic brain injury?

A traumatic brain injury is caused by an outside force that disrupts the normal function of the brain. TBIs can range from mild concussions to severe injuries involving permanent disability or death.

Can a car accident cause a traumatic brain injury?

Yes. Motor vehicle collisions can cause TBIs through direct impacts to the head or through rapid acceleration, deceleration, and movement of the brain within the skull.

Can I have a TBI without losing consciousness?

Yes. Loss of consciousness is not required for a traumatic brain injury. A person can suffer a concussion or other TBI without blacking out.

Can a TBI show up on an MRI?

Some brain injuries can be visible on imaging, but a normal MRI or CT scan does not necessarily rule out a mild TBI or concussion. NINDS notes that currently validated imaging technologies cannot always detect damage associated with mild concussive injuries.

What are common symptoms of a concussion?

Common symptoms include headaches, dizziness, fatigue, nausea, vision problems, concentration difficulties, memory problems, mood changes, and sleep disturbances. Symptoms can appear immediately or develop later.

How much is a traumatic brain injury case worth in Illinois?

There is no standard value for a TBI case. The potential value depends on the severity of the injury, medical treatment, prognosis, disability, lost income, future earning capacity, pain and suffering, and other damages.

What if I had a pre-existing brain condition?

A pre-existing condition does not necessarily prevent a person from recovering compensation. If an accident aggravates or worsens an existing condition, the circumstances should be evaluated by an attorney and appropriate medical professionals.

How long do I have to file a TBI lawsuit in Illinois?

The general Illinois statute of limitations for personal injury claims is two years, subject to exceptions. Because different deadlines can apply in particular circumstances, it is important to have a potential claim evaluated promptly.

What if my family member suffered a severe brain injury and cannot make decisions?

Depending on the circumstances, a guardian, representative, or other legally authorized person may need to become involved. An attorney can explain the appropriate procedures based on the injured person’s circumstances.

Should I talk to a lawyer after a concussion?

If another person’s negligence caused the accident and you are experiencing ongoing symptoms, a consultation with an experienced personal injury attorney may help you understand your legal rights. This is particularly important when symptoms persist, medical treatment continues, or the injury affects your ability to work or function normally.

Contact the Top Naperville Traumatic Brain Injury Attorneys at John J. Malm & Associates

A traumatic brain injury can affect far more than a person’s physical health. It can affect employment, relationships, independence, finances, memory, personality, and the ability to enjoy everyday life. The consequences may continue long after the accident scene has been cleared and the initial medical bills have been paid.

If you or a loved one suffered a traumatic brain injury in a Naperville car accident, truck accident, motorcycle crash, bicycle accident, pedestrian accident, fall, or another incident caused by someone else’s negligence, you do not have to face the insurance company alone. John J. Malm & Associates has more than three decades of experience representing injured people in Naperville, the western suburbs, and throughout Illinois, and understands the importance of building a comprehensive case that accounts for both the immediate and lifelong consequences of a brain injury. Contact John J. Malm & Associates today for a free consultation and let our attorneys investigate your accident, evaluate your injuries, and pursue the compensation you may be entitled to receive.