A traumatic brain injury can change every part of a person’s life — from memory and mood to work ability and independence. Some brain injuries are immediately obvious. Others are subtle and develop over time, making them harder to diagnose and even harder to prove.

If you’ve suffered a head injury in an accident, understanding your legal rights is critical. This page explains how traumatic brain injury claims work in Illinois and what makes these cases different from other personal injury claims.

For a broader overview of catastrophic injury representation, visit our
Brain & Spinal Cord Injuries practice area hub.

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury occurs when an external force disrupts normal brain function. TBIs can result from a direct blow to the head, violent shaking, or a penetrating injury.

Mild TBI (Concussion)

A concussion is considered a mild traumatic brain injury, but “mild” refers to the initial classification — not necessarily the long-term impact. Some individuals experience prolonged symptoms lasting months or longer.

Moderate TBI

Moderate TBIs may involve loss of consciousness for several minutes to hours, confusion, and abnormal brain imaging results.

Severe TBI

Severe TBIs often involve extended unconsciousness, coma, or permanent cognitive and physical impairments. These injuries frequently require long-term care and rehabilitation.

Common Causes of Traumatic Brain Injuries in Illinois

Car Accidents

Motor vehicle collisions are one of the leading causes of TBIs. Even without direct head impact, rapid acceleration and deceleration can cause the brain to shift within the skull.

Falls

Slip-and-fall incidents and falls from heights frequently result in head trauma, particularly among older adults.

Workplace Incidents

Construction accidents, falling objects, and industrial equipment incidents can cause serious brain injuries.

Assaults

Physical assaults may also lead to traumatic brain injuries requiring extensive treatment.

Symptoms of TBI and Delayed Onset Issues

Brain injury symptoms do not always appear immediately. Some individuals feel relatively normal at first, only to develop symptoms hours or days later.

Physical Symptoms

Headaches
Dizziness
Nausea
Sleep disturbances

Cognitive Symptoms

Memory loss
Difficulty concentrating
Slowed thinking
Confusion

Emotional and Behavioral Changes

Mood swings
Irritability
Anxiety or depression
Personality changes

These “invisible” symptoms often make TBI cases more complex than other injury claims.

How Traumatic Brain Injuries Are Diagnosed

CT Scans

CT scans are commonly used in emergency settings to detect bleeding or skull fractures.

MRI Imaging

MRIs may reveal subtle structural damage not visible on CT scans.

Neuropsychological Testing

Neuropsychological evaluations measure memory, concentration, reasoning, and other cognitive functions. These tests can provide objective evidence of cognitive impairment.

Proving TBI in an Illinois Personal Injury Case

Proving a traumatic brain injury requires more than showing a head injury occurred. The injured person must connect the injury to the accident and demonstrate its impact on daily life.

Medical Evidence

Medical records, imaging studies, and specialist evaluations form the foundation of a TBI claim.

Expert Witnesses

Neurologists, neuropsychologists, and rehabilitation experts may explain how the injury affects cognitive and functional ability.

Before-and-After Testimony

Family members, friends, and coworkers may testify about personality changes, memory loss, or work limitations that developed after the injury.

For related information, see:

Types of Compensation in TBI Claims

Medical Expenses

This includes hospital bills, neurologist visits, therapy, medication, and ongoing rehabilitation.

Lost Wages and Lost Earning Capacity

Brain injuries often limit a person’s ability to return to prior employment. Future earning losses may be significant.

Pain and Suffering

Compensation may address physical pain and the emotional toll of cognitive impairment.

Life Care Plans

Severe TBIs may require structured life care plans outlining long-term medical and support needs.

Illinois Comparative Fault (735 ILCS 5/2-1116)

Illinois follows modified comparative fault under 735 ILCS 5/2-1116. If an injured person is less than 51% at fault, they may still recover damages, reduced by their percentage of fault.

Defendants may attempt to shift blame in TBI cases, especially in motor vehicle or fall claims.

Statute of Limitations (735 ILCS 5/13-202)

In most Illinois personal injury cases, a lawsuit must be filed within two years of the date of injury under 735 ILCS 5/13-202.

Missing this deadline can permanently bar recovery.

Challenges Unique to TBI Litigation

Invisible Injuries

Not all TBIs appear on imaging studies. Symptoms such as memory loss or personality change may not be outwardly visible.

Pre-Existing Conditions

Defendants may argue that symptoms were caused by prior mental health issues or unrelated conditions.

Defense Independent Medical Exams (IMEs)

Insurance companies often request independent medical examinations by doctors they select. These evaluations may minimize injury severity.

Frequently Asked Questions

Can I have a traumatic brain injury if my CT scan was normal?

Yes. Some TBIs, including concussions, may not appear on standard imaging.

How long do TBI symptoms last?

Some resolve in weeks. Others persist for months or become permanent.

What if I had anxiety or depression before the accident?

Pre-existing conditions do not automatically bar recovery, but they may complicate the case.

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

Generally two years from the date of injury under Illinois law.

Contact Parker & Parker Attorneys at Law

Traumatic brain injuries require careful medical and legal evaluation. If you or a loved one suffered a TBI in Peoria or Central Illinois, understand your rights and options.

Parker & Parker Attorneys at Law
Peoria, Illinois
Phone: (309) 673-0069
Contact us today for a free consultation.

If you or a loved one has been injured in a car accident, the experienced Peoria personal injury attorneys are ready to help you pursue the compensation you deserve.

Traumatic Brain Injury (TBI) Claims in Illinois