Filing a lawsuit for traumatic brain injuries from bicycle accidents in Chicago

Bicycle Accident - September 19, 2024 by Horwitz, Horwitz & Associates

When a cyclist sustains a TBI due to another party’s negligence, the consequences can be life-altering, leading to significant medical expenses, long-term care, and emotional distress.

Our Chicago bicycle accident lawyers understand the complexity of cases involving a traumatic brain injury bicycle accident and are dedicated to helping injured cyclists seek the compensation they deserve.

Understanding traumatic brain injuries in bicycle accidents

A traumatic brain injury occurs when the brain is damaged by a sudden impact or jolt, which can happen easily during a bicycle accident. Cyclists are particularly vulnerable, as they have little protection compared to drivers. Even with helmets, a cyclist can suffer severe head trauma from collisions with motor vehicles, other cyclists, or road hazards.

Common causes of TBIs in bicycle accidents

• Collisions with motor vehicles – Motorists who fail to yield, drive recklessly, or engage in distracted driving are common causes of bicycle accidents that result in TBIs.
• Poorly maintained roads – Potholes, uneven surfaces, and debris can cause cyclists to lose control, leading to accidents that may cause head injuries.
• Dooring accidents – A frequent cause of bicycle accidents in Chicago occurs when a driver or passenger opens a car door without checking for oncoming cyclists.

Filing a lawsuit for a traumatic brain injury bicycle accident

When a traumatic brain injury (TBI) results from a bicycle accident caused by another party’s negligence, the injured cyclist can file a personal injury lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and more.

Step 1: Proving negligence

To win a lawsuit, you must prove that the at-fault party was negligent. This involves demonstrating:

• Duty of care – The defendant owed a duty to act reasonably (e.g., drivers must safely share the road).
• Breach of duty – The defendant failed to uphold this duty (e.g., speeding or failing to yield).
• Causation – The breach directly caused the accident and the resulting TBI.
• Damages – The accident led to financial and emotional losses.

Horwitz, Horwitz & Associates thoroughly investigates accidents, gathering evidence such as police reports, witness statements, and video footage.

Step 2: Gathering evidence

Key evidence includes:

• Medical records – Detailed documentation of the injury and treatments.
• Accident reports – Police documentation of the incident.
• Eyewitness testimony – Accounts of how the accident occurred.
• Surveillance footage – Video evidence to show the accident.

Step 3: Calculating damages

Damages in a TBI case include:

• Economic – Medical expenses, lost wages, and future medical needs.
• Non-economic – Pain and suffering, and loss of quality of life.

Step 4: Filing the lawsuit

In Illinois, lawsuits must be filed within two years of the injury. Horwitz, Horwitz & Associates ensures timely filing and handles all legal procedures.

Step 5: Negotiation and litigation

Most cases are resolved through negotiation, but if a fair settlement cannot be reached, we are prepared to take your case to trial to secure the compensation you deserve.

Resources for TBI patients in Illinois

How Horwitz, Horwitz & Associates can help

Filing a lawsuit for a traumatic brain injury bicycle accident requires knowledge, experience, and a deep understanding of personal injury law. At Horwitz, Horwitz & Associates, we have a proven track record of success in helping injured cyclists seek justice and compensation for their injuries.

We work on a contingency fee basis, meaning you don’t pay unless we win your case. Our priority is to help you secure the compensation you need to cover medical bills, lost wages, and the long-term impact of your injuries.

We are dedicated to helping you recover

Traumatic brain injuries from bicycle accidents can have long-lasting effects on both physical health and financial stability. Filing a lawsuit for a traumatic brain injury bicycle accident in Chicago can provide the compensation needed to manage medical expenses and future care.

At Horwitz, Horwitz & Associates, we are dedicated to helping injured cyclists fight for justice and secure the compensation they deserve. Contact us online or call (800) 985-1819 to schedule your free case consultation.