2025 Elite LawyerA traumatic brain injury can change how a person thinks, communicates, and lives, long after the original accident is over. Whether it happened in a car crash, a fall, or a workplace incident, the effects are often more serious, and more expensive, than they first appear.
Orland Park traumatic brain injury lawyer Michael J. Brennan represents people and families across Orland Park and the South Suburbs after a brain injury caused by someone else’s negligence. You speak directly with Michael about what happened, not with a case manager or an intake team. He brings more than 40 years of personal injury litigation experience to reviewing the medical evidence and explaining what Illinois law requires.
Brain injuries are difficult to diagnose, and even harder to prove. Understanding how Illinois law treats a traumatic brain injury claim, and what evidence tends to matter, is the first step.
Key Takeaways
- A brain injury claim depends on proof, not severity alone: Illinois law requires proof of duty, a breach of that duty, and an injury the breach actually caused.
- Illinois gives most injury claims two years: under 735 ILCS 5/13-202, the general deadline to file a personal injury lawsuit generally runs from the date of the accident, with different rules for minors, a person under a legal disability, and claims against a government body.
- Partial fault does not automatically end a claim: Illinois’ modified comparative negligence rule (735 ILCS 5/2-1116) reduces, rather than eliminates, compensation unless a person is more than 50 percent at fault.
- Michael J. Brennan personally handles every accepted matter on a contingency fee, no upfront cost.
Orland Park Traumatic Brain Injury Attorney
At a Glance
- Representation for people with brain injuries caused by accidents or negligence
- Serving Orland Park, Tinley Park, Homer Glen, Mokena, and nearby South Suburban communities
- Former Assistant State’s Attorney in Cook County
- More than 40 years of personal injury litigation experience
- Contingency fee, no upfront cost
- Michael personally evaluates and handles every accepted matter
Symptoms of a brain injury may not appear right away, and the full extent of the harm can take months to become clear. Michael takes the time to investigate how the injury happened, gather the medical records and imaging that document it, and build a claim that reflects its real scope, not just the emergency room visit.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or TBI, happens when a bump, blow, or jolt to the head, or a penetrating head injury, disrupts the normal function of the brain. The Centers for Disease Control and Prevention (CDC) reports that falls, firearm-related injuries, motor vehicle crashes, and assaults are the leading causes of TBI in the United States. Falls alone account for nearly half of all TBI-related hospitalizations.
Clinicians typically describe TBI severity using the Glasgow Coma Scale, a tool that scores eye, verbal, and motor response. A total score of 13 to 15 generally reflects a mild injury, 9 to 12 a moderate injury, and 3 to 8 a severe injury, according to the National Library of Medicine’s StatPearls clinical reference. A mild classification describes the initial presentation, not the eventual outcome; a concussion labeled “mild” can still produce lasting cognitive and emotional effects if it is not properly treated.
“Mild” Does Not Mean Minor
A mild traumatic brain injury, often diagnosed as a concussion, describes the initial severity of the trauma, not how the injury will ultimately affect the person. Some people with a mild TBI recover quickly; others experience symptoms for months. Either way, a legal claim is evaluated on documented harm, not on the clinical label alone.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries commonly result from a range of accidents and negligent conduct, including:
Car and Motorcycle Crashes
Sudden impact or whiplash forces can injure the brain even without a direct blow to the head.
Falls on Unsafe Property
A property owner’s failure to address a known hazard can lead to a fall-related head injury.
Construction and Workplace Incidents
Falling objects, equipment failures, and falls from height are common causes of workplace head trauma. A claim against a negligent third party, separate from workers’ compensation, may be available.
Pedestrian and Bicycle Accidents
A collision with a vehicle can cause a severe head injury even at low speeds.
Defective Equipment or Safety Failures
A product defect or a missing safety guard can contribute to a preventable brain injury.
Assaults and Physical Violence
A brain injury caused by another person’s intentional conduct may support both criminal charges and a separate civil claim.
In every case, Michael works to document how the injury happened and connect that cause to the medical evidence, because Illinois law requires both. If a brain injury happens on the job, workers’ compensation is usually your only remedy against your employer — but if a negligent third party, such as a contractor, property owner, or equipment manufacturer, contributed to the injury, a separate civil claim against that third party may also be available, in addition to workers’ compensation benefits (820 ILCS 305/5).
Warning Signs of a Traumatic Brain Injury
Brain injury symptoms do not always appear immediately, which is part of why early medical evaluation matters. For example, a driver involved in a rear-end collision may feel shaken but largely fine at the scene, only to develop headaches, memory trouble, or mood changes days later once the full effect of the impact becomes apparent. The CDC groups common TBI symptoms into several categories:
- Physical symptoms: headaches, dizziness, balance problems, fatigue, and sensitivity to light or noise.
- Cognitive symptoms: memory problems, difficulty concentrating, mental fog, and feeling slowed down.
- Emotional symptoms: irritability, anxiety, heightened emotions, and sadness.
- Sleep-related symptoms: sleeping more or less than usual, or trouble falling asleep.
Seek Immediate Medical Care for These Danger Signs
The CDC identifies a worsening headache, repeated vomiting, slurred speech, unequal pupil size, seizures, weakness or numbness, and increasing confusion as signs that require emergency evaluation. Getting prompt medical care for these signs also creates a medical record, close in time to the injury, that is often important evidence in a later legal claim.
Wondering whether your symptoms, or a loved one’s, point to a brain injury worth having evaluated? Talk with Michael in a free case evaluation.
What Must Be Proven in an Illinois Brain Injury Claim?
Most brain injury claims are negligence claims. Illinois law requires proof of four elements: a duty the at-fault party owed, a breach of that duty, an injury, and proof that the breach actually caused the injury. A severe outcome, on its own, does not establish that someone else was legally at fault. The claim turns on what the other party did or failed to do, not on how serious the injury turned out to be. A brain injury caused by a defective product or an intentional assault generally follows a different legal theory, such as product liability or battery, with its own requirements, rather than ordinary negligence.
Because brain injuries are not always visible on a first exam, the medical evidence connecting the injury to the accident, imaging, neuropsychological testing, treating-physician records, and sometimes a life-care-planning assessment, is central to proving both the injury and its long-term effects.
How Does Illinois’ Comparative Negligence Rule Affect a Brain Injury Claim?
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. If a person is found partly at fault for the accident that caused their brain injury, their compensation is reduced by their percentage of fault, as long as that percentage is 50 percent or less. A person found more than 50 percent at fault cannot recover compensation at all.
This rule matters in brain injury cases because the defense frequently argues that the injured person contributed to the accident, through an alleged distraction, a disputed right-of-way, or a claimed failure to notice a hazard. Michael reviews the available evidence, including crash reports, photographs, and witness accounts, to address these arguments directly rather than conceding fault that is genuinely disputed.
How Long Do You Have to File a Brain Injury Claim in Illinois?
Most personal injury claims in Illinois, including brain injury claims, must be filed within the deadlines set by 735 ILCS 5/13-202 and 735 ILCS 5/13-211, and, when the at-fault party is a local government entity, by 745 ILCS 10/8-101.
| Who Is Filing | Time Limit | How It Runs |
|---|---|---|
| Most adults | 2 years | From the date of the accident that caused the injury (delayed symptoms generally do not delay this deadline) |
| Minors | 2 years | From the minor’s 18th birthday, not the date of the accident |
| A person under a legal disability | Can be paused | Illinois law (735 ILCS 5/13-211) can pause the deadline for a person whose injury leaves them under a legal disability; whether this applies, and for how long, depends on the specific facts |
| Anyone suing a local government body | 1 year | A shorter deadline (745 ILCS 10/8-101) applies when the at-fault party is a city, village, park district, school district, or other local public entity |
A brain injury claim often takes longer to evaluate than a typical injury claim, because the full medical picture, and sometimes the need for a neuropsychological evaluation, can take time to develop. Waiting to start that process shortens the time available to investigate the accident and does not change the filing deadline. Whether a legal-disability pause applies is fact-specific and does not always carry over to a claim brought by a family member or representative after the injured person’s death, so do not assume it applies without legal advice. Claims against the State of Illinois, as opposed to a local government body, follow separate Court of Claims rules, including a notice requirement (705 ILCS 505/22-1), rather than the local-government deadline above.
Is a Traumatic Brain Injury a “Catastrophic Injury” Under Illinois Law?
Severe and moderate traumatic brain injuries are commonly discussed alongside spinal cord injuries, severe burns, and injuries resulting in permanent disability as catastrophic injuries, because of their lasting effect on the person’s ability to work, communicate, or live independently. Illinois law does not use “catastrophic injury” as a distinct legal cause of action; it affects the case primarily through the scope of damages a severe, permanent injury can support. For a fuller discussion of how Illinois law treats the most serious injury claims, see What Makes an Injury “Catastrophic” Under Illinois Law?
What Compensation May Be Available for a Brain Injury Claim?
A successful Illinois brain injury claim may pursue compensation for the documented losses the injury caused, including past and future medical expenses, rehabilitation and cognitive therapy costs, lost income and diminished future earning capacity, and pain, suffering, disability, or loss of normal life supported by the evidence and applicable Illinois law. The Illinois Pattern Civil Jury Instructions include damage instructions addressing these categories when the evidence supports them.
Illinois does not currently cap non-economic damages, such as pain and suffering or loss of normal life, in a standard personal injury case. The Illinois Supreme Court struck down the legislature’s 1995 attempt to impose a cap on non-economic damages in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), finding it unconstitutional. No calculator or formula can tell you what a particular brain injury claim is worth; the value depends on the documented medical evidence, the injury’s effect on daily life, and the facts of the case.
Have questions about how a future-care need or a reduced ability to work could factor into a claim? Discuss your situation directly with Michael.
Why Choose Michael J. Brennan, Esq.?
Brain injury claims are among the most demanding personal injury matters, because insurance companies often downplay a brain injury’s severity when the injury is not visible in a photograph. Michael works with treating physicians and the available medical record to document the injury’s full impact, not just the initial emergency treatment.
As a solo attorney, Michael personally handles every accepted matter from the initial evaluation through resolution. You are not passed to a case manager or a junior associate. His background as a former Assistant State’s Attorney in Cook County informs how he evaluates evidence, questions witnesses, and prepares a case for negotiation or trial. Learn more on Michael J. Brennan’s attorney profile or review the full range of matters on the practice areas page, including car accident claims and other serious injury matters Michael handles.
Orland Park Traumatic Brain Injury FAQs
How long do I have to file a brain injury claim in Illinois?
In most cases, two years from the date of the accident, under 735 ILCS 5/13-202. A minor’s claim generally runs two years from their 18th birthday instead, and Illinois law can also pause the deadline for a person whose injury leaves them under a legal disability, depending on the facts. A shorter one-year deadline generally applies when the at-fault party is a city, park district, school district, or other local government entity (745 ILCS 10/8-101); claims against the State of Illinois follow separate rules. Early legal action can help preserve evidence and medical documentation either way.
What are common signs of a traumatic brain injury?
Common signs include headaches, dizziness, balance problems, memory or concentration difficulties, mental fog, and changes in mood or sleep. Warning signs requiring immediate medical attention include a worsening headache, repeated vomiting, slurred speech, seizures, and increasing confusion.
Can I recover compensation for future care or lost earning potential?
Yes, when the evidence supports it. Illinois law allows a personal injury claim to seek compensation for documented future medical and rehabilitation needs and for a demonstrated reduction in future earning capacity, in addition to past medical expenses and lost income.
Will a mild brain injury or concussion diagnosis still support a claim?
It can. “Mild” describes the initial severity of the trauma, not the eventual outcome. A documented concussion with ongoing cognitive, physical, or emotional symptoms can support a claim when the evidence shows the injury was caused by someone else’s negligence.
What if I was partly at fault for the accident?
Under Illinois’ modified comparative negligence rule, being partly at fault reduces your compensation by your percentage of fault rather than eliminating the claim, as long as you are found 50 percent or less at fault. If you are found more than 50 percent at fault, you cannot recover.
What evidence matters most in a brain injury case?
Medical imaging, treating-physician records, neuropsychological testing, and documentation close in time to the accident tend to matter most, along with evidence establishing how the accident happened, such as crash reports, photographs, and witness accounts.
How much does it cost to hire Michael J. Brennan?
Michael handles traumatic brain injury matters on a contingency fee, no upfront cost. He explains the written fee agreement during your free case evaluation.
Get a Free Case Evaluation
If you or a family member is dealing with a traumatic brain injury caused by someone else’s negligence, start with a direct conversation with Michael J. Brennan. He will listen to what happened, explain the medical records and evidence that matter, and walk you through the claims process. The case evaluation is free, and he personally handles every matter he accepts.
Speak Directly With Michael J. Brennan
Call (708) 460-9300 or use the contact form to schedule a free case evaluation. Contingency fee, no upfront cost.