The effects of a brain injury can be temporary or last for the remainder of your life. Symptoms can range from memory loss and headaches to seizures and changes in personality.
A skilled Boston traumatic brain injury lawyer could help you or a family member in filing a case to pursue damages if another person or entity caused the brain injury. For more information on how to process a successful injury claim, or if you require professional legal counsel, get in touch with a compassionate catastrophic injury attorney today.
When Should a Plaintiff File a Brain Injury Case?
There is a three-year statute of limitations which begins on the day the victim sustained his or her injury, as per Massachusetts General Laws Ch. 260 §2A. If the statute of limitations passes and the case has not been filed, the plaintiff no longer has the legal right to attempt recovery from the person who caused his or her brain injury. Be careful because there could be additional special notification requirements in addition to the statute of limitations if, for example, the accident was caused by a municipal or state employee or the MBTA. That’s another reason why it is important to contact an experienced Boston traumatic brain injury lawyer right away.
If you think you may have grounds for a case, you should consult with a knowledgeable traumatic brain injury lawyer in Boston as soon as possible. By doing so, you could help ensure that your case is filed before your rights expire.
Since it can be difficult to ascertain how a brain injury might impact a victim for the rest of his or her life early on, an attorney may take some time to file a plaintiff’s case so he or she can be sure to pursue appropriate compensation. The sooner you retain a lawyer, though, the sooner he or she could begin preserving evidence which could give your case a greater chance of success.
Understanding the Traumatic Injury Case Process in Boston
A traumatic brain injury victim—or a family member seeking justice on his or her behalf—can initiate legal action against a defendant by scheduling a consultation with a Boston traumatic brain injury attorney. During this consultation, he or she could discuss the details of the case and the types of injuries he or she has incurred.
If the victim or his or her family member and the attorney agree to move forward with a lawsuit, the civil litigation process may officially begin. Before formally filing a lawsuit, as well as at any time during litigation, a knowledgeable attorney may contact the defendants and their insurance companies to see if an equitable settlement can be obtained.
An attorney may begin investigating and gathering details about what happened. He or she could do this by:
- Interviewing witnesses
- Collecting and protecting any physical evidence
- Taking photos or videos of the accident scene and injuries
- Contacting insurance providers
- Obtaining medical records
Filing the Case
Once the plaintiff’s attorney files the official complaint, the defendant(s) would receive a copy of the complaint as well as a deadline for responding to the complaint. Any defendant named is required to file an answer to that complaint, which can include defenses as to why he or she should not be held liable for the plaintiff’s injuries.
At this stage in the process, both the plaintiff and the defendant work with their attorneys to collect evidence, documents, and testimony about the case. Each party may want to find how much might be requested in damages or if a settlement might be a better option.
While not always applicable, mediation can be an ideal way for both parties to reach a settlement agreement. This is usually done with the help of an experienced mediator – usually a senior lawyer or retired judge — who can help each side see the strengths and weaknesses in their case.
The majority of traumatic brain injury cases settle before going to trial. At trial, a judge or jury would be presented with all the evidence in the case and asked to decide who is liable and how much he or she is liable for.
Call a Boston Traumatic Brain Injury Attorney Today
Your Boston traumatic brain injury lawyer could guide you during every step of this often confusing and overwhelming process. Knowing what to expect and when to expect it could allow you to focus more time and energy on healing rather than worrying about legal matters. Call an attorney today to learn more about your options and how one could help you.