Boston Traumatic Brain Injury Lawyer
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 workers’ compensation claim if you suffered a traumatic brain injury in a work accident. If your traumatic brain injury was caused by someone else’s negligence, we can help you file a claim with the at-fault party’s insurance company. For more information on how to process a successful injury claim, or if you require professional legal counsel, get in touch with Boston traumatic brain injury attorney John J. Sheehan today at (617) 925-6407.
What are the Common Causes of Traumatic Brain Injuries?
A traumatic brain injury can by caused by a blow or strike to the head or by a jolt to the head. The severity of a TBI can range from mild to severe. a mild TBI is commonly referred to as a concussion. Although they are classified as mild, concussions and Post-Concussion Syndrome can have long lasting effects including chronic headaches.
According to the CDC, falls are the leading cause of TBI’s. In our law practice, we represent injured workers who have suffered traumatic brain injuries as a result of falling from roofs, ladders, staging or work platforms on construction sites. We also have experience helping clients who suffered a concussion as a result of a whiplash injury in car accident.
What are the Common Symptoms of Traumatic Brain Injuries?
There are a range of symptoms that a person may experience depending on the severity of a traumatic brain injury. These include:
- Loss of Consciousness
- Memory Loss
- Cognitive Deficits
- Blurred Loss
- Hearing Loss
- Tinnitus or Ringing In The Ears
- Personality Changes
How Do I Know When to File a Traumatic Brain Injury Claim in Massachusetts?
The time limit or statute of limitations for filing a traumatic brain injury claim in Massachusetts depends on the type of claim. If you suffered a TBI as a result of a work accident, you are entitled to receive workers’ compensation benefits which will pay for your medical treatment and part of your lost wages. The workers comp insurer has fourteen days to pay or deny workers
compensation benefits after they received notice about the work accident. If the insurer has not issued payment or has denied the claim during the first month following the work accident, the injured worker can file a workers comp claim with the Massachusetts Department of Industrial Accidents (DIA). Pursuant to Massachusetts General Laws Chapter 152 §41, there is a four-year statute of limitations for filing a workers compensation claim with the DIA following a work accident or work-related death.
If you suffered a TBI as a result of another person’s fault or negligence, you may be able to file a claim to compensation for your damages related to your traumatic brain
injury. You may be able to file a third-party claim against another person or company that caused your work accident. If you suffered a TBI as a result of a car accident, you may file a claim against the negligent or at-fault driver who caused the accident. Pursuant to Massachusetts General Laws Chapter 260 §2A, there is a three-year statute of limitations for filing a personal injury lawsuit. Unless you file a lawsuit in the appropriate Massachusetts court before the statute of limitations runs, you may be forever barred from recovering damages from the responsible party that caused your
traumatic brain injury.
Be careful! In addition to the statute of limitations, there could be other statutory notification requirements and deadlines that could bar you from filing a personal injury lawsuit. If your accident was caused by state, county, municipal or state agency employee, you have to file a special notification called a Presentment Letter. Pursuant to Massachusetts General Laws Chapter 258 §4, the Presentment Letter must be filed within two years after the accident. There are technical requirements about what must be included in the Presentment Letter, who the letter is sent to and how the letter is delivered.
If you think you may have grounds for a case, you should consult with a knowledgeable and experienced traumatic brain injury lawyer in Massachusetts as soon as possible. by doing so, you could help ensure that your case is filed before your rights expire.
Understanding the Traumatic Brain Injury Claims 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 Boston traumatic brain injury 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. Your lawyer could do this by:
- Interviewing witnesses
- Collecting and protecting any physical evidence
- Taking photos or videos of the accident scene and injuries
- Contacting insurance companies
- Obtaining medical records and medical bills
Filing the Case
Once the plaintiff’s attorney files the complaint with the court, the defendant(s) would receive a summons and copy of the complaint and must file an answer with the court within twenty days. The defendant’s answer will include defenses as to why the defendant is not responsible for the plaintiff’s injuries.
Discovery is the pre-trial stage in the lawsuit when both parties – plaintiff and defendant – obtain evidence that they will use at trial. Discovery includes
interrogatories, document requests, subpoenaed documents and deposition testimony.
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 Mediator usually meets with all parties and their lawyers together in a group and then meets with each party separately to discuss the case in private. Typically, the Mediator will notify each party about settlement demands and offers. The Mediator will try to help the parties move to an acceptable offer that will settle the case.
Although the majority of traumatic brain injury cases settle before going to trial, some cases do go to trial a 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 Lawyer 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 our Boston personal injury attorney today at (617) 925-6407 to learn more about your options and how one could help you.