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Legal Rights After A Traumatic Brain Injury in Massachusetts

The Centers for Disease Control and Prevention (CDC) estimates that over a million people in the United States suffer a traumatic brain injury each year. These brain injuries can result from a number of things including car accidents, slip and fall accidents, sporting activities and more. Should a person experience some type of traumatic brain injury, they may be entitled to financial compensation under the law.

Legally Liable in Massachusetts for a TBI Injury

If a person believes there is an individual or entity responsible for their traumatic brain injury, they may want to consider filing a lawsuit in Boston Courts. A brain injury lawsuit is a complex case with complicated medical issues. A knowledgeable MA perspnal injury attorney would be able to assist with filing a lawsuit, negotiating with an insurance company, handling a Mass. worker’s compensation claim, applying for some other type of benefits as a result of a brain injury and more.


It is common for a MA injury lawsuit involving a traumatic brain injury to be based on negligence. To win this type of lawsuit will require the plaintiff to prove the person or entity being sued are legally responsible. This can be done by proving the defendant did not take reasonable care in maintaining a safe environment. A defendant’s action or inaction created a situation that led to the traumatic brain injury accident. It’s also necessary for the plaintiff’s injuries to be measurable using legal standards.

Gather Evidence

When a person is working with a Massachusetts personal injury attorney to prepare their lawsuit, they will need to answer a number of different questions. They will be asked to remember how the Massachusetts accident occurred. Where and when it happened as well as the circumstances involved with it. The medical treatment received will also be discussed. Sometimes witnesses, accident reports, as well as newspaper articles and more are valuable information for a brain injury lawsuit. Having the proper evidence is essential when it comes to asking for a settlement and especially if going to trial.

Successful Lawsuit

When a person has experienced a traumatic brain injury in Massachusetts, they may be eligible for a large damage award. A person with this type of injury may require long-term therapy and medical care. These types of injuries often keep a person from being able to work. They can also require a person to reduce their time working, which results in a significant decrease in potential earnings. A traumatic brain injury can raise the stress level for a person’s emotions as well as with their finances. A successful lawsuit handled by a competent attorney can ease many of the stresses that result from a having traumatic brain injury.

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