Early Legal Action Matters in Cases Involving Brain Damage and Comas

 Posted on October 15, 2025 in Catastrophic Injuries

Traumatic brain injuries, comas, and other catastrophic injuries can change everything in an instant. The medical bills can pile up, adding to the physical and emotional strain. When someone else is responsible, you have the right to take legal action. The sooner you act, the better. If you or someone close to you has sustained a severe brain injury, our Will County, IL personal injury lawyers are ready to step in right away. We can help you understand your legal options and gather the evidence you need to build your claim.

When Is a Brain Injury or Coma Cause for a Personal Injury Claim in Illinois?

A personal injury claim may arise when a brain injury or coma results from another party’s negligence. This means that whoever is responsible for the injury can be held financially responsible for it.

Brain damage and comas can stem from a variety of situations. Some common examples include:

• A driver running a red light and causing a high-speed collision

• A property owner failing to clean up or warn about a slippery floor

• A construction site accident involving falling objects or equipment failure

• A physical assault resulting in severe head trauma

• A trucking company allowing or forcing an overworked or fatigued driver to stay on the road

• A sports coach or organization failing to follow concussion safety protocols during practice or games

In such situations, an attorney’s role in these cases is to investigate the cause, identify the responsible parties, and demonstrate the full impact of the injury on the victim’s life.

How Early Action After a Brain Injury Can Impact Your Personal Injury Claim

Acting quickly after a brain injury can profoundly impact your case. Each day that passes increases the risk that vital evidence will disappear. Security footage can be deleted, and witnesses can forget important details. Accident scenes may also be changed, or someone might clean them up before anyone investigates. By contacting a lawyer right away, you give them the chance to gather evidence before it is lost forever.

Insurance companies also move fast. Their goal is to save money, not to help you recover. They may contact you soon after the accident and offer a settlement that sounds fair but is actually far less than you deserve. An attorney can step in early to handle communication, protect your rights, and make sure no one takes advantage of you.

Your lawyer will also work with doctors and medical specialists to document your injury. Early medical records show the true extent of your injuries and help link them directly to the accident. Acting fast allows your lawyer to build a stronger case and secure expert testimony to support your claim.

Understanding Negligence in Illinois Brain Injury and Coma Cases

In Illinois, proving negligence requires clear evidence that a person or business failed to act responsibly and caused harm as a result. To establish fault, your attorney must show that the other party had a duty of care, breached that duty, and directly caused the injury. This means proving that they failed to act as a reasonable person would under the same circumstances. Your lawyer will then connect that careless behavior to the accident and show that it was the direct cause of your injuries and losses.

How Long Do You Have To File a Brain Injury Claim in Illinois?

Under 735 ILCS 5/13-202, you generally have two years from the date of an injury to file a personal injury lawsuit. If you miss this deadline, you usually lose your right to seek compensation. However, there are some exceptions. For example, if someone is in a coma because of another party’s negligence, the time limit to file a claim may be paused until that person regains the ability to take legal action on their own.

Because these timelines can vary, it is important to talk to a lawyer as soon as possible. Acting quickly ensures that your case is filed on time and that your attorney has the best chance to collect strong evidence.

What Damages Can You Recover for Brain Damage or a Coma?

A brain injury or coma often leads to major financial and emotional hardship. Under Illinois law, you can recover both economic damages and non-economic damages. These cover your financial, physical, and emotional losses. Common examples include:

• All medical expenses related to the injury and treatment

• Income losses, including missed paychecks and reduced future earning potential

• Ongoing care needs, like in-home nursing, assistive devices, or home renovations for accessibility

• Physical and emotional suffering resulting from pain, trauma, or reduced quality of life

• Impact on relationships when the injury limits companionship, affection, or shared activities

Can You File a Claim if the Victim Never Wakes Up?

If your loved one is in a coma and cannot make decisions for themselves, you or another family member can file a claim on their behalf. This allows you to pursue compensation for all available damages.

If your loved one never regains consciousness and passes away, the claim may become a wrongful death case under 740 ILCS 180/1. In that situation, you and your family can seek compensation for funeral expenses, lost income, and emotional grief. The estate can also recover damages for the pain and suffering your loved one experienced before death. These laws help make sure negligent parties are held accountable, even when the injured person cannot seek justice themselves.

Schedule a Free Consultation With a Joliet, IL Catastrophic Injuries Attorney

Cases involving catastrophic injuries and comas can be complex and emotionally draining, but an attorney can help alleviate some of the burden.

[[Title]] is one of Illinois’s most respected personal injury firms. We have secured multimillion-dollar settlements for victims of catastrophic injuries, and we do this by preparing every case as if it will go to trial. You need an attorney who is aggressive, highly experienced, and has a strong courtroom reputation, and we can deliver.

If someone else’s negligence caused a brain injury or coma, call 708-888-2160 today for a free consultation. Our Will County, IL personal injury lawyers are ready to stand by your side, protect your rights, and pursue the compensation you and your family deserve.