What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is characterized by a blow to the head that can disrupt the normal function of the brain. It can lead to consequences of different severity, from mild concussions to coma or even death.
All victims of head and brain injuries should treat the situation extremely seriously and seek immediate medical attention to prevent potential complications. In the United States, it is estimated that about 5 million people live with permanent negative consequences resulting from a TBI.
- What Is a Traumatic Brain Injury?
- Causes of Traumatic Brain Injuries
- Symptoms of a Traumatic Brain Injury
- Client Reviews
- What to Do After Suffering a Traumatic Brain Injury
- 30-Day, Risk-Free Guarantee
- What Damages Can You Claim in Boston Brain Injury Cases?
- Meet our team!
- Steps in a Brain Injury Lawsuit
- The Time Limit for Brain Injury Lawsuits in Boston
- Contact Our Boston Brain Injury Lawyers
- Get a Free Case Evaluation
- 30-Day, Risk-Free Guarantee
Causes of Traumatic Brain Injuries
TBIs can result from:
- Concussions
- Car accidents
- Slips and falls
- Workplace injuries
- Sports injuries
- Medical malpractice
- Physical assault and battery
- Birth injuries
Personal injury attorney Michael Kelly Injury Lawyers has helped numerous victims of brain injuries and knows how to secure maximum compensation for their benefit. Our lawyers provide legal representation in and around the Boston area and across Massachusetts. We most frequently represent clients in Boston, Framingham, Quincy, Salem, Lowell, Brockton, Dorchester, Mattapan, Cambridge, Roxbury, Brookline, Alston, Brighton, Somerville, Malden, Everett, Chelsea, and many more.
Symptoms of a Traumatic Brain Injury
After a head injury, you may notice short- and long-term memory problems. In addition, symptoms of TBIs can include severe anxiety, depression, balance issues, vomiting and nausea, personality changes, headaches, inability to concentrate, and more. Many victims report losing consciousness for a period after they were injured, and some actually fall into a coma.
Medical treatment of brain injuries can include extended hospital stays and in-patient care, extensive rehabilitation, or surgical intervention to relieve pressure in the skull. Indeed, this comprehensive medical care does not come without cost.
If you or your family member have been a brain injury victim, you will need an aggressive Boston brain injury lawyer who can recover your money for medical bills, lost wages, future earning capacity, and pain and suffering. Our team is experienced in resolving cases of various kinds, which can be seen in our recent verdicts and settlements, so we can assist you in taking legal action.
To speak with one of the traumatic brain injury attorneys at Michael Kelly Injury Lawyers, please call (617) 444-4444 to schedule a free consultation today. Our team of dedicated professionals would be happy to travel to a location convenient for you to perform this service.
Client Reviews
The team at this Law firm is Tremendous! It being my first accident I wasn’t sure on what was going on or how to deal with this, but these guys went above & beyond for me I’m forever grateful. Special shout out to Chris Kelly & Mckenzie Dill ❤️
Tiffany Carter
What to Do After Suffering a Traumatic Brain Injury
Victims should follow this non-comprehensive checklist:
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Seek emergency medical care immediately
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Document and note any symptoms
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Urge medical personnel to perform any and every necessary medical test
Typically, brain injury testing includes CT scans, MRIs, X-rays, positron emission tomography (PET) scans, and single photon emission computerized tomography (SPECT) scans.
Once your doctor gives you the green light, you can start seeking financial recovery if you were injured due to someone else’s negligence. A professional lawyer can make this process easier. At Michael Kelly Injury Lawyers, we understand how difficult such injuries can be on the individual affected and their family.
We will not rest until we have reached an outcome that benefits you. If our team is dissatisfied with the behavior of an insurance company, our injury lawyers are not afraid to file a personal injury lawsuit and litigate traumatic brain injury cases in court.
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What Damages Can You Claim in Boston Brain Injury Cases?
A traumatic brain injury can greatly alter your life in various ways, and the law acknowledges this impact. Individuals who suffered traumatic brain injuries due to someone else’s fault can receive compensation for their losses. This compensation is referred to as “damages” in legal terminology.
You may be able to request compensation to cover your medical expenses. This encompasses costs related to hospital admissions, surgeries, medications, therapy, and health issues that are not immediately apparent. If you require long-term care or special equipment, these expenses can also be included.
Another category of damages involves lost wages. If the injury has prevented you from working, you are entitled to seek compensation for the income you would have earned. Besides, if you are unable to return to your previous job or can only work fewer hours, you might also be compensated for potential future lost earnings. This is especially important for temporary or permanent disability cases.
Serious injuries frequently result in pain and suffering. Although it can be challenging to assign a monetary value to these experiences, the law permits you to pursue compensation for both physical pain and emotional suffering. This can cover issues such as depression, anxiety, or a diminished enjoyment of life.
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Steps in a Brain Injury Lawsuit
Most personal injury claims involving head injuries can be resolved without going to trial. Our lawyers will do their best to achieve a fair settlement with the insurance company, but sometimes, the offer doesn’t constitute fair compensation for the damages the victim sustained.
A head injury can be expensive in the long term, with ongoing medical bills, rehabilitation costs, and lost income. If the settlement offered for the brain injury claim is too low, we can take the issue to court.
Of course, the entire lawsuit and trial process may take time, but the possibility of getting the full compensation is worth it. While each case is unique, these are the typical phases you are likely to encounter:
1. Investigation
Your Boston brain injury lawyer will collect all relevant information regarding your injuries. They may also consult experts who can explain the impact of the personal injury on your life.
2. Filing the Case
Once your Boston brain injury attorney has enough information, they will proceed to file your case with the court. In particular, they will submit official documents that outline your brain injury claim. These documents inform the court and the responsible party of the events that occurred, the reasons for attributing responsibility to them, and the compensation you are requesting. This is the point where your legal process officially gets started.
3. Discovery
At this step, your traumatic brain injury attorney will request documents and relevant details about the accident from the liable party and vice versa. You might need to answer written questions or give testimony under oath.
4. Mediation
Before going to trial, you can resolve the issue outside of court. This process is known as mediation. You, your Boston brain injury lawyer, the other party involved, and a neutral facilitator called a mediator will gather to try to achieve a fair settlement. Typically, this process is less formal than a trial and tends to be quicker and less stressful. A significant number of cases conclude during this phase if both parties reach an agreement.
5. Trial
If mediation does not succeed, your brain injury case will proceed to trial. During the trial, each party will present their arguments to either a judge or a jury. A professional brain injury lawyer in Massachusetts must submit all the evidence and may bring in witnesses to support your case, while the opposing side will present their own evidence. The judge or jury will then decide if you are eligible for compensation and how much you should receive.
The Time Limit for Brain Injury Lawsuits in Boston
If you have suffered a TBI in Boston, remember that there is a deadline for filing a lawsuit, called the statute of limitations. In Massachusetts, you generally have three years from the date of your injury to initiate a brain injury lawsuit.
However, the timelines and procedures can differ depending on the circumstances of your injuries. For example, for work-related injuries, including brain injuries, a claim needs to be submitted within four years from the time the employee first recognized the link between their disability and their job, according to Massachusetts General Laws Chapter 152, Section 41.
Consult with an experienced Boston brain injury lawyer to assess whether your case is valid according to the relevant legal deadlines. Contact us today to get a free case review and understand your options.
Contact Our Boston Brain Injury Lawyers
If you’ve sustained a brain injury and need legal support in recovering damages, call us today to schedule a free and confidential case consultation. We are available 24/7 to address your concerns and can be reached at (617) 444-4444. To have one of our Boston brain injury lawyers contact you, please fill out the free consultation form, and we’ll contact you within 24 hours!
