What a brain injury attorney does, and when you need one
A brain injury attorney in Chicago handles cases where someone else's negligence or wrongdoing caused your traumatic brain injury. They work on contingency, meaning you pay nothing upfront and they take a percentage of any settlement or court award — typically 25 to 33 percent. Their job is to prove the other party was at fault, document how the injury has changed your life and earning capacity, and negotiate or litigate for compensation that covers medical bills, ongoing care, lost wages, and pain and suffering.
You need an attorney if you were injured in a car accident, workplace incident, fall on someone else's property, assault, or any situation where another person or organization's actions caused your injury. You also need one if an insurance company has denied your claim, offered far less than your actual costs, or is pressuring you to settle quickly. Brain injuries are expensive and often invisible — an attorney's job is to make sure the financial reality of your injury is reflected in what you receive.
If your injury happened in a car accident, you have a limited window to file a lawsuit in Illinois. The statute of limitations is two years from the date of injury for personal injury claims, but insurance claims have different timelines. The sooner you contact an attorney, the sooner they can preserve evidence, gather medical records, and file the necessary paperwork.
Key Takeaways
- Brain injury attorneys in Chicago work on contingency, so you pay nothing unless you win or settle your case.
- You have two years from the date of injury to file a personal injury lawsuit in Illinois, but insurance claims and workers' compensation have different important date.
- An attorney's role is to prove fault, document your injury's impact on your life and finances, and negotiate for compensation that covers medical care, lost income, and other damages.
- Many Chicago attorneys offer free initial consultations where they review your case and explain whether you have a claim worth pursuing.
How to find a brain injury attorney in Chicago
Start with the Illinois State Bar Association's lawyer referral service, which lists attorneys by practice area and location. You can search online at isba.org or call their referral line. This ensures the attorney is licensed and in good standing in Illinois.
You can also search for "brain injury attorney Chicago" or "traumatic brain injury lawyer Illinois" and look for firms that list TBI cases in their practice areas. Pay attention to whether they mention experience with the type of accident that caused your injury — a car accident attorney may have different informed than one who handles premises liability or workplace injuries.
Ask for referrals from your neurologist, physical therapist, or case manager. Medical professionals often work with attorneys regularly and can recommend someone they trust. Local brain injury support groups, such as those run by the Brain Injury Association of Illinois, may also have attorney recommendations from people who have been through similar cases.
Once you have a few names, call and ask if they offer free initial consultations. Most do. During that call, ask whether they have handled cases similar to yours, how long they typically take to resolve, and what their contingency fee is.
What to bring to your first meeting with an attorney
Bring any documents related to the incident: the police report (if it was an accident), photos of the scene or your injuries, witness contact information, and any written communication with the other party or their insurance company. If you have already filed an insurance claim, bring the claim number and any correspondence from the insurer.
Bring your medical records, including the emergency room report, imaging results (CT scans, MRIs), hospital discharge summary, and notes from any follow-up appointments with neurologists or other specialists. If you have been in rehabilitation or therapy, bring those records too. The attorney needs to see the full picture of your injury and treatment.
Bring documentation of your financial losses: pay stubs showing income before the injury, a letter from your employer confirming time missed from work, medical bills and receipts, and any invoices for home care, transportation, or adaptive equipment you have needed. If you have had to reduce your hours or change jobs because of your injury, document that as well.
Bring a written account of how the injury has affected your daily life — your ability to work, care for yourself, spend time with family, or do activities you enjoyed before. This narrative helps the attorney understand the full scope of your damages and is often powerful in settlement negotiations or at trial.
Understanding contingency fees and costs
A contingency fee means the attorney is paid only if you win your case or reach a settlement. The fee is typically 25 to 33 percent of the total recovery. If you receive $100,000 in a settlement and your attorney's fee is 33 percent, you receive $67,000 and the attorney receives $33,000. If you lose, you owe the attorney nothing for their time.
Separate from the contingency fee, you may be responsible for case costs: filing fees, court reporter fees, informed witness fees, medical record retrieval, and costs to obtain imaging or other evidence. Some attorneys advance these costs and deduct them from your settlement; others ask you to pay them as they arise. Ask about this clearly before you sign an agreement. The cost structure should be in writing.
If an insurance company offers a settlement, your attorney will explain what it covers and whether it is reasonable given your injury and future needs. They will also explain what happens if you reject the offer and go to trial — you might win more, but you might also win less, and the process takes longer.
How long a brain injury case typically takes in Illinois
A straightforward case with clear liability and documented damages might settle within 6 to 12 months. A complex case — one involving multiple parties, disputed fault, or significant long-term care needs — can take 2 to 4 years or longer.
The timeline depends on several factors: how quickly medical treatment stabilizes (so the full extent of your injury is clear), how cooperative the other party's insurance company is, whether you need informed testimony about your future care costs, and whether the case goes to trial or settles before trial. Your attorney should give you a realistic estimate based on the specifics of your case.
During this time, you should not post about your injury on social media, accept friend requests from people connected to the other party, or discuss your case with anyone except your attorney and when ready family. Insurance companies and defense attorneys monitor social media and use posts to argue that your injury is less severe than you claim.
What damages you may be able to recover
Economic damages are the concrete financial losses caused by your injury: all medical bills (past and future), rehabilitation and therapy costs, home modifications, assistive devices, lost wages, and reduced earning capacity if your injury prevents you from returning to your previous job or earning at the same level.
Non-economic damages compensate for pain, suffering, loss of enjoyment of life, emotional distress, and the impact on your relationships and daily functioning. These are harder to quantify but are often the largest part of a brain injury settlement because brain injuries are often invisible and their effects are profound and lasting.
In some cases, if the other party's conduct was particularly reckless or intentional, you may be able to recover punitive damages — money intended to punish them and deter similar behavior. This is rare and requires proving a higher standard of wrongdoing than straightforward negligence.
Your attorney will work with medical experts, vocational rehabilitation specialists, and life care planners to calculate what your injury will cost over your lifetime. This is especially important in brain injury cases because recovery is often long and ongoing needs are substantial.
Red flags when choosing an attorney
Avoid attorneys who may provide a specific outcome or settlement amount. No attorney can may provide what a jury will award or what an insurance company will offer. If someone promises a certain result, they are not being honest with you.
Be cautious of attorneys who pressure you to settle quickly or who discourage you from getting a second opinion. Your case is your decision, and a good attorney will explain your options and let you choose the path forward.
Check whether the attorney is licensed to practice in Illinois and has no disciplinary history. You can verify this on the Illinois State Bar Association website. If an attorney is not licensed in Illinois, they cannot represent you in an Illinois court, though they may work with a local co-counsel.
Avoid attorneys who do not return calls promptly or who seem more interested in signing you than in understanding your case. Brain injury cases are complex and require sustained attention. If an attorney does not give you that attention during the initial consultation, they likely will not later.
Frequently Asked Questions
Can I sue if the accident happened more than two years ago?
In Illinois, the statute of limitations for personal injury lawsuits is two years from the date of injury. If you miss this important date, you generally cannot file a lawsuit. However, workers' compensation claims and insurance claims have different important date. Contact an attorney when ready to find out whether your specific situation has a different timeline or exception.
What if I was partially at fault for the accident?
Illinois follows comparative negligence rules. Even if you were partially at fault, you can still recover damages, but your award will be reduced by your percentage of fault. For example, if you were 20 percent at fault and your total damages are $100,000, you would receive $80,000. An attorney can argue to minimize your assigned percentage of fault.
Do I need an attorney if the insurance company has already offered me a settlement?
You should have an attorney review any settlement offer before you accept it. Insurance companies often offer less than a case is worth, especially in brain injury cases where long-term costs are not when ready obvious. An attorney can tell you whether the offer accounts for your future medical needs and lost earning capacity.
What happens if I cannot afford an attorney's contingency fee?
Contingency fees exist precisely so you do not have to pay upfront. If you have a viable case, an attorney will take it on contingency because they believe they can recover enough to make the case worthwhile. If an attorney declines your case, it may mean they do not believe liability can be proven or damages are substantial enough to justify the work involved.
Can I change attorneys if I am unhappy with mine?
Yes. You can fire your attorney at any time and hire a different one. Your original attorney is may have access to to a fee for the work they have done, but you are not locked into the relationship. If you are unhappy, discuss your concerns with your attorney first. If the problems persist, you have the right to seek representation elsewhere.