🧠 Chicago Brain Injury Lawyer
Traumatic Brain Injury (TBI) Attorney

A traumatic brain injury (TBI) damages the brain itself — affecting cognition, memory, mood, and behavior — while a spinal cord injury damages the nerves in the spinal column, typically causing paralysis below the injury site. They can occur together (especially after high-impact crashes), but they require different medical experts, different damages models, and different litigation strategies. A TBI case relies on neuropsychologists, neurologists, and life-care planners; an SCI case relies on physiatrists, rehabilitation specialists, and vocational experts.

Mild traumatic brain injuries (often called concussions) typically settle in Illinois between $50,000 and $300,000, depending on documented cognitive symptoms, lost wages, treatment duration, and whether post-concussion syndrome persists. Cases with permanent cognitive deficits documented by neuropsychological testing routinely exceed that range. Moderate TBIs settle in the $500,000 to $2 million range, and severe TBIs with permanent disability commonly result in verdicts and settlements of $2 million to $10 million or more.

Yes. Most mild and moderate TBIs are not visible on standard CT or MRI scans because the damage is microscopic axonal injury, not bleeding or structural damage. Diffuse axonal injury, post-concussion syndrome, and many functional brain injuries are diagnosed through neuropsychological testing, DTI MRI, SPECT scans, and clinical examination. Insurance defense lawyers love to argue "the scans are clean," but the medical literature is very clear that normal imaging does not rule out a real brain injury.

Illinois TBI cases are typically proven with a combination of: emergency Glasgow Coma Scale scores from the date of injury, neuroimaging (CT, MRI, DTI), neuropsychological testing comparing pre-injury to post-injury function, treating physician testimony from neurologists and neuropsychologists, day-in-the-life videos showing functional limitations, and family/coworker testimony documenting personality and cognitive changes. Vocational experts and economists then quantify the lost earning capacity.

Illinois has a 2-year statute of limitations for personal injury claims under 735 ILCS 5/13-202, including brain injuries. The clock generally starts on the date of injury. There are critical exceptions: minors have until age 20 to file (the SOL is tolled until age 18, then runs 2 years), and medical malpractice TBI claims are subject to the 4-year statute of repose under 735 ILCS 5/13-212. Wrongful death claims arising from a fatal brain injury have their own 2-year SOL from date of death.

Yes. Illinois law allows recovery for both past lost wages and lost earning capacity. If a TBI prevents you from returning to your prior profession — or limits the type of work you can do — a vocational rehabilitation expert and a forensic economist will calculate the lifetime earnings differential. For high-earning professionals (surgeons, executives, attorneys, engineers), lost earning capacity damages on a severe TBI routinely exceed $2 million on their own. Illinois does not cap economic damages.

No. The Illinois Supreme Court struck down non-economic damage caps in personal injury and medical malpractice cases as unconstitutional (Lebron v. Gottlieb Memorial Hospital, 2010). Illinois TBI victims can recover the full value of their pain and suffering, loss of normal life, disfigurement, and emotional distress with no statutory cap. This is one reason Illinois is considered a favorable forum for catastrophic brain injury cases.

Schwaner Injury Law handles all brain injury and TBI cases on a contingency fee basis — you pay nothing unless we recover money for you. We advance all litigation costs (medical experts, neuropsychologists, life-care planners, depositions, court fees) and only get paid as a percentage of the recovery. The initial consultation is always free and confidential. Call (312) 635-4000 to speak directly with David Schwaner.