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Brain injury law covers the legal issues that arise when someone sustains a traumatic brain injury - often called a TBI - or an acquired brain injury as a result of another event. In Braintree, Massachusetts, brain injuries can arise from motor vehicle accidents, slips and falls, workplace incidents, medical errors, sports injuries, assaults, and other causes. Legal claims may involve personal injury lawsuits, medical malpractice claims, workers' compensation claims, and in the most serious cases, wrongful death actions. Because brain injuries frequently cause long-term cognitive, emotional, and physical impairments, the legal process often focuses on securing compensation for present and future medical care, lost income and earning capacity, pain and suffering, and the cost of rehabilitation and long-term supports.
If you or a loved one has experienced a brain injury in Braintree, a lawyer can help at multiple stages. Common situations that call for legal help include:
- Complex medical needs that require proof of future care and specialized rehabilitation costs.
- Serious disputes with insurance companies over liability, the extent of injuries, or the value of a claim.
- Workplace brain injuries where workers' compensation benefits are denied, insufficient, or where a third-party caused the injury.
- Potential medical malpractice where negligent care contributed to or worsened a brain injury.
- Cases involving minors or incapacitated adults who cannot manage claims or settlements on their own.
- Situations requiring preservation of evidence - such as video, vehicle data, or medical records - where delay could harm a future claim.
- Claims against government entities - which often require special notice and shorter deadlines.
- Negotiating structured settlements, guardianships, or special needs planning to protect long-term benefits and care.
Several local and state law concepts are particularly important for brain injury cases in Braintree - which is in Norfolk County, Massachusetts. Key points to keep in mind include:
- Statute of limitations - Personal injury lawsuits generally must be filed within a statutory deadline. Missing the deadline can bar your claim. Deadlines differ for different types of claims, such as personal injury, medical malpractice, claims against public entities, and wrongful death. It is important to consult an attorney early to identify applicable deadlines.
- Comparative negligence - Massachusetts applies comparative fault rules that can reduce recovery if the injured person bears some responsibility for the incident. If a plaintiff is found more than 50 percent at fault, recovery may be barred.
- Workers' compensation - If a brain injury occurred at work, workers' compensation is usually the first recourse for medical care and partial wage replacement. In some cases, you may also have a third-party claim against a non-employer who contributed to the injury.
- Medical malpractice - Claims against health care providers for negligent diagnosis, treatment, or surgery follow specialized rules, including different standards for expert testimony and possible pre-suit procedures. Statutes of limitations and discovery rules for malpractice can differ from ordinary negligence claims.
- Wrongful death and survival actions - If a brain injury leads to death, Massachusetts law allows certain family members to bring wrongful death claims and executors to bring survival actions for losses the deceased sustained before death.
- Government entity claims - If a municipal vehicle, public property, or municipal employee caused the injury, special notice requirements and shorter timelines often apply before you can file suit. Strict compliance with those procedures is critical.
- Damages - Brain injury claims can include past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, and costs for long-term care and assistive services. Proving long-term and non-economic damages often requires medical, vocational, and life-care planning experts.
You should consult a lawyer as soon as possible. Early counsel can help preserve evidence, meet notice and filing deadlines, coordinate with medical providers, and guide interactions with insurers. Some legal deadlines can be short, and delaying can reduce options for recovery.
Compensatory damages commonly include past and future medical expenses, rehabilitation costs, lost wages, reduced earning capacity, assistive devices and home modifications, pain and suffering, and loss of consortium. In limited circumstances punitive damages may be available if conduct was especially reckless.
Yes, but the rules differ. Workers' compensation typically covers workplace injuries regardless of fault and provides limited benefits. If a third party outside your employer caused the injury, you may be able to bring a separate personal injury claim against that party while keeping workers' comp benefits. An attorney can help coordinate those claims.
Claims involving public property or municipal employees often require special notice to the city or town and may have shorter time limits. It is critical to consult an attorney promptly to comply with those procedures and protect your right to sue.
Massachusetts uses a comparative negligence approach where an injured person’s recovery can be reduced in proportion to their percentage of fault. If the injured party is more than 50 percent at fault, recovery may be barred. An attorney can help limit attribution of fault and present evidence of the other party’s responsibility.
Yes. Brain injury claims often rely on medical experts to explain the injury, prognosis, necessary treatments, and expected costs. Vocational experts, life-care planners, and neuropsychologists may also be needed to demonstrate long-term needs and how the injury affects earning capacity and quality of life.
Insurance companies often make early low settlements. Do not accept a settlement before understanding your full medical prognosis and future needs. A lawyer experienced in brain injury cases can evaluate offers, estimate future costs, and negotiate or litigate for fair compensation.
Yes. When minors are injured, courts often require special protections for settlement funds, such as court approval or structured settlements, to ensure the child’s long-term needs are preserved. Timelines for minors may also be tolled in some circumstances, but it is important to act promptly.
Key evidence includes medical records, imaging and test results, hospital reports, witness statements, accident reports, photographs or video of the scene, employment records for lost wages, and expert reports. Preserving evidence early improves the strength of a claim.
Resolution time varies widely. Simple cases may settle in months, while complex cases involving severe injuries, liability disputes, or claims for future care can take years to resolve, especially if trial is necessary. Your lawyer should provide a realistic timeline based on the facts of your case.
Brain Injury Association of Massachusetts - state level organization that provides information, support groups, advocacy, and resources for survivors and families.
Massachusetts Rehabilitation Commission - offers services and vocational rehabilitation for people with brain injuries and disabilities.
Massachusetts Department of Public Health - resources on traumatic brain injury prevention, data, and public programs.
Norfolk County Probate and Superior Courts - local courts where civil and wrongful death actions may be filed; court clerks can provide procedural information.
Massachusetts Bar Association and local bar referral services - can help locate attorneys who specialize in brain injury, medical malpractice, workers' compensation, or personal injury law in the Braintree area.
Local hospitals and rehabilitation centers - such as regional trauma centers and neurorehabilitation programs that can provide clinical assessments, documentation, and referrals to appropriate specialists.
1. Seek immediate and ongoing medical care - Your health is the top priority. Accurate medical records form the backbone of any legal claim, so follow treatment plans and keep copies of all records and bills.
2. Preserve evidence - Keep photos of injuries and the scene, obtain police or incident reports, preserve damaged property, and record witness names and contact information as soon as possible.
3. Document losses - Maintain a file of medical bills, pay stubs, timesheets, rehabilitation invoices, receipts for out-of-pocket expenses, and a diary of symptoms and limitations that affect daily life.
4. Contact an experienced attorney - Look for lawyers or firms in Braintree or Norfolk County with experience in brain injury cases. Many offer free consultations and work on contingency-fee arrangements for personal injury claims.
5. Ask the right questions at the consultation - Ask about experience with brain injury cases, sample outcomes, how the attorney will investigate your claim, potential timelines, fee structures, and how they will coordinate medical care and experts.
6. Be mindful of deadlines - Discuss statute of limitations and any special notice requirements that may apply to your situation so critical deadlines are not missed.
7. Consider long-term planning - For severe injuries, discuss guardianship, special needs planning, and how a settlement should be structured to protect public benefits and pay for ongoing care.
8. Use local support resources - Reach out to support groups, rehabilitation services, and advocacy organizations for guidance on education, therapy, and community supports while the legal process proceeds.
Disclaimer - This guide is for general informational purposes and does not constitute legal advice. Laws and procedural rules can change and may vary by case. For advice specific to your situation, consult a licensed attorney in Massachusetts who handles brain injury and personal injury matters.
