Best Brain Injury Lawyers in Massachusetts

About Brain Injury Law in Massachusetts, United States

Brain injury law in Massachusetts covers the legal issues that arise when an individual suffers a traumatic brain injury (TBI) or another form of head trauma. These injuries can have life-altering consequences, including cognitive, physical, and emotional impairments. Legal claims involving brain injuries often involve questions of liability, negligence, compensation, and long-term care. Individuals who have sustained a brain injury due to another party's actions may be entitled to seek damages for medical expenses, lost wages, pain and suffering, and other related losses.

Why You May Need a Lawyer

Brain injury cases can be particularly complex due to the nature of the injuries and the legal processes involved. You may need a lawyer if:

• You or a loved one experienced a brain injury due to a car accident, workplace incident, slip and fall, assault, or medical malpractice in Massachusetts
• You are facing challenges obtaining fair compensation from an insurance company
• There is a dispute about who is liable for the injury
• The injury has resulted in permanent disability or long-term care needs
• You have questions about your legal rights or eligibility for compensation
• You are unsure how to navigate Massachusetts courts and legal procedures related to injury claims
• You are considering a claim on behalf of a minor or incapacitated person

Local Laws Overview

Massachusetts law recognizes that traumatic brain injuries can have significant and lasting impacts. The state's legal system addresses brain injuries mainly under personal injury law, which is based on the principle of negligence. Here are key aspects to know:

• Statute of Limitations: Generally, you have three years from the date of injury to file a lawsuit for personal injury, including brain injury cases. There are exceptions for minors and in cases of delayed symptoms.
• Comparative Negligence: Massachusetts follows a modified comparative negligence rule. If you are found to be 51 percent or more at fault for your injury, you cannot recover damages. If you are less than 51 percent at fault, your compensation is reduced by your percentage of fault.
• No-Fault Car Insurance: Massachusetts is a no-fault insurance state for vehicle accidents. This generally means you must turn to your own insurance company first for medical expenses, regardless of who was at fault.
• Liability for Property Owners and Employers: Property owners and employers have a legal responsibility to maintain safe premises and workplaces. Failure to do so can result in liability for brain injuries sustained on their property or during the course of employment.
• Medical Malpractice: If a brain injury was sustained due to a health care provider's negligence, special rules and shorter time limits may apply.

Frequently Asked Questions

What is considered a brain injury under Massachusetts law?

A brain injury can include any trauma to the head that results in disruption of brain function, such as concussion, traumatic brain injury (TBI), hemorrhage, or skull fracture. Both mild and severe forms are recognized.

How do I know if I have a valid brain injury claim?

You may have a valid claim if you suffered a brain injury due to another party's negligence or wrongful act and have incurred damages like medical bills, lost income, or pain and suffering. Consulting a lawyer can help determine your eligibility.

What kinds of compensation can I claim for a brain injury?

Compensation may include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, rehabilitation costs, and, in some cases, punitive damages.

How long do I have to file a lawsuit for a brain injury in Massachusetts?

The standard statute of limitations is three years from the injury date. However, there can be exceptions, so it is important to consult a lawyer promptly.

What if the brain injury resulted from an auto accident?

Massachusetts' no-fault insurance will generally cover initial medical expenses, but you may be able to pursue further compensation if your injuries are serious and meet certain thresholds.

Can I file a claim on behalf of someone else, such as a minor or an incapacitated person?

Yes. Legal guardians, parents, or those given power of attorney may file on behalf of minors or incapacitated adults.

What if the injury occurred at work?

You may be eligible for workers' compensation benefits. If a third party besides your employer contributed to the injury, a separate personal injury claim may also be possible.

Do I need to prove someone else was at fault?

Yes. In most brain injury cases, you must show that another party was negligent and that their negligence directly caused your injury.

Can I afford a lawyer if I am dealing with medical bills and lost wages?

Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation.

What should I do immediately after a brain injury?

Seek medical attention immediately. Document your injuries, keep records, and avoid discussing fault. Contact a qualified lawyer as soon as possible to protect your rights.

Additional Resources

Several Massachusetts organizations and governmental bodies offer support, advocacy, and information for brain injury victims and their families:

• Massachusetts Rehabilitation Commission (MRC) - Brain Injury Services
• Brain Injury Association of Massachusetts
• Massachusetts Bar Association Lawyer Referral Service
• Office of Victim Assistance
• Department of Public Health - Injury Prevention and Control Program

These organizations can provide information about medical services, rehabilitation, advocacy, and legal resources.

Next Steps

If you or a loved one has suffered a brain injury in Massachusetts, it is important to act promptly:

• Prioritize medical care and follow all treatment recommendations
• Keep records of medical appointments, expenses, and any changes in your ability to work or perform daily activities
• Consult with an experienced Massachusetts brain injury lawyer to evaluate your case and protect your legal rights
• Contact local support organizations to access additional resources and support services
• Do not discuss your case with insurance adjusters or other parties until you have legal representation

Taking timely action can help you secure compensation, arrange for appropriate care, and ensure the best possible outcome for your recovery and legal case.