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Family Filed Brain Injury Lawsuit After Daughter’s Accident

The Times-Herald Union reported this week on developments in the case of a woman who has just been released after spending seven months in the hospital to recover from a traumatic brain injury that she suffered last year. Our Illinois brain injury lawyers know that when not fatal these accidents often leave victims’ lives forever altered-that appears to be true in this case as well.

The 42-year old single mother of three was at her then-boyfriend’s house when she suffered the mysterious injury. The accident occurred early one morning, around 2 a.m. However, her boyfriend did not call 911 or otherwise seek out immediate professional assistance. Instead the man called his own parents. They drove to the home and then together they all went to the hospital. The woman was unconscious at the time. She was thrown into unconsciousness for eight weeks, and spent several more months in the hospital recovering before being released to her parents this week.

She will continue to need around the clock care. As a result of the accident, her short term memory is severely hampered. In essence she is trapped in a world three years old. She struggles to recognize her children and must be told every week that her grandmother has passed away. However, she is capable of pointing out the names and faces of childhood friends and can recall events from her distant past. Doctors initially advised her family that she would likely not survive the accident, so they remain grateful that she has pulled through, even though it is not without permanent disability.

While she was recovering, her family fought hard to understand what exactly caused their daughter to suffer the brain injury. Her boyfriend claimed that the woman slipped and fell on his icy driveway. However, upon further examination the doctors began to question that story. One involved doctor explained that the amount of head trauma suffered by the woman was inconsistent with a fall onto ice below. She noted that “in a slip and fall, you usually will see concussive damage.” The damage experienced by the victim in this case was similar to those experienced following a fall from a high distance or another type of accident.

Police investigated the situation for weeks but have yet to file any criminal charges. However, earlier this year the family of the victim filed a personal injury lawsuit against the ex-boyfriend explaining that the boyfriend contributed to the severe accident by dropping her on the ground. The suit claims that the man was drunk at the time. In addition, the suit claims he was negligent in not calling 911 immediately. Further, the suit alleges that the boyfriend made the situation worse by withholding facts from medical professionals that would have been pertinent to her treatment.

The Illinois personal injury attorneys at Levin & Perconti have decades of experience helping families in this and similar situations uncover the roots cause of these mysterious accidents. Sadly, wherever these accidents occur-at home, in a hospital, or beyond-those responsible often do everything in their power to deflect accountability. That is why it remains important for victims and their families to have access to the civil justice system to ensure the truth wins out.

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