Massachusetts Traumatic Brain Injury Lawyer | MA TBI Attorney

Head Trauma: Traumatic Brain Injury (TBI)

Massachusetts Traumatic brain injury lawyer

Traumatic Brain Injury (TBI) is called the “silent epidemic” because it is not well recognized or often well diagnosed but, yet it is estimated to affect approximately 1,500,000 Americans every year. According to the Centers for Disease Control and Prevention (CDC), this results in tens of thousands of deaths and hundreds of thousands of hospitalizations every year in the U.S.  Even cases which are deemed “mild” (clinically defined as a loss of consciousness for anything less than 30 minutes) can have serious long term side effects like memory loss and loss of other cognitive functions.

Massachusetts traumatic brain injury lawyer

Why is head trauma one of the most common injuries sustained by bike riders and motorcyclists? When a person riding a bicycle or motorcycle is struck by a larger motor vehicle such as an automobile, truck or sport utility vehicle, one of the most common scenarios is an ejectment of the biker and a collision of their body with either the vehicle, the pavement or some other fixed object.  Unfortunately, this impact is sustained by the head in many of these instances.  The dynamic from there is that the brain impacts with the skull even in cases where the skull is not fractured.  While helmets lessen the effect of this type of blow to the head, they don’t always prevent concussions.  In fact, recent studies by the U.S. Product Safety Commission indicate that bike-related concussions have actually increased significantly in the past 10 years despite an increased use of bike helmets.  In the case of motorcyclists, the helmets approved by the U.S. Department of Transportation, provide a significantly higher rate of protection, however, given the rates of speed and potential for a higher velocity head impact, the incidence of TBI in motorcycle accident cases is even higher.

How does a personal injury attorney obtain evidence of TBI? 

If TBI causes major loss of neurological functioning such as loss of speech or movement, this can be easily demonstrated to a jury.  Photographs of the injury or property damage caused by head impact such as blood stains or a shattered windshield are also very powerful, persuasive tools.  However, trying to determine whether or not a client has sustained a mild to moderate brain injury following a bike or motorcycle collision can sometimes be more difficult.  The most common form of medical evidence usually comes in neuropsychological testing to analyze and confirm functional deficits.  This is usually done through an expert retained by the lawyer who will also review the emergency and other records including any diagnostic studies such as head MRI s and heat CT scans.

MA traumatic head injury

Mass. TBI attorneys

Legal assistance following a motorcycle head injury

Why is it important to seek prompt medical attention and to promptly seek legal assistance following a bike or motorcycle head injury? A brain injury can cause serious long-term consequences.  This can include the inability to remember things or solve problems, depression, inability to control one’s temper or manage stressful situations and many other emotional distress related symptoms.  This can affect a person’s ability to work and earn income as well as their relationships with children, spouses or other persons.   This is why it is crucial to  seek prompt diagnosis and treatment for head trauma.  If the trauma was caused by a bike or motorcycle accident that was not the fault of the injured party, it is also crucially important to consult with and retain a personal injury attorney promptly following the injury so that they can begin to assist the person with seeking medical help, documenting the incident with photographs of the injury or having the accident or involved vehicles inspected and photos taken, and in compiling all of this evidence for later use to maximize the value of any settlement or jury award.  The longer one waits to seek either medical help or legal help the greater the chances that they will not completely determine the extent of the injury or the amount of money that is reasonable and necessary to compensate the victim for their loss.

Centers for Disease Control and Prevention (CDC)

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 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.

Negligence

It is common for an 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  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.

TBIs can have significant and lasting effects, and it’s important to approach the situation with care and seek appropriate medical attention. Here are some general steps you might consider:

  1. Seek Immediate Medical Attention: If someone has experienced a head injury, it’s crucial to seek medical attention promptly. TBIs can range from mild to severe, and a healthcare professional can assess the severity and recommend appropriate treatment.
  2. Follow Medical Advice: Once a TBI has been diagnosed, it’s important to follow the prescribed medical treatment plan. This may include rest, medication, rehabilitation, or other interventions depending on the severity of the injury.
  3. Document the Accident: If the TBI resulted from an accident, document the details of the incident as thoroughly as possible. This may include taking photographs, obtaining witness statements, and collecting any other relevant information.
  4. Contact Legal Assistance: Depending on the circumstances of the accident, you may want to consult with a personal injury attorney. If the injury occurred due to someone else’s negligence or intentional actions, you may be entitled to compensation for medical expenses, lost wages, and other damages.
  5. Notify Insurance Companies: If applicable, report the accident to the relevant insurance companies. This may include your own health insurance, auto insurance (if the TBI resulted from a car accident), or other relevant policies.
  6. Support and Rehabilitation: TBIs can require ongoing support and rehabilitation. Work closely with healthcare professionals, therapists, and support networks to aid in the recovery process.
  7. Stay Informed: Stay informed about TBI recovery, potential complications, and available resources. There are often support groups and organizations that can provide valuable information and assistance.

Remember that specific steps may vary depending on the circumstances, so it’s advisable to consult with legal and medical professionals for advice tailored to your situation. If you or someone else is in immediate danger or experiencing severe symptoms, please call emergency services right away.

Sources:

Faul M, Xu L, Wald MM, Coronado VG. Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations and Deaths 2002–2006. Atlanta (GA): Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2010