One moment you’re living your life normally. Next, everything changes. A car crash. A fall down stairs. A workplace accident. Construction site incident. Your head hits something hard, or whips violently without direct impact, and suddenly you’re dizzy, confused, and can’t remember what just happened. You think you’re fine. You go home. But over the next hours and days, the symptoms worsen. Headaches. Nausea. Trouble concentrating. Personality changes. Memory problems.
You’ve suffered a traumatic brain injury, and your life may never be the same.
In Massachusetts, over 25,000 residents sustain traumatic brain injuries (TBI) each year, with 825 of these injuries proving fatal (Massachusetts Department of Public Health). The state records 5,817 TBI-related hospital stays annually, and Massachusetts has the highest TBI-related emergency department visit rate in the entire nation at 998.4 per 100,000 people (CDC).
These aren’t just statistics, they’re people whose lives changed in an instant because of someone else’s negligence. Car accidents, slip and falls, construction accidents, workplace injuries, assaults, traumatic brain injuries devastate victims and families in ways that extend far beyond immediate medical treatment.
Brain injuries are invisible injuries. It can affect your cognitive and physical functioning in both the short and long term. Ranging from mild (concussions) to severe (comas or vegetative states)
You need experienced attorneys who understand the medical complexities of brain injuries and know how to prove their devastating impact.
WHAT ARE THE MOST COMMON CAUSES OF TRAUMATIC BRAIN INJURIES IN MASSACHUSETTS?
Brain injuries result from various accident types, each requiring specific legal strategies.
- Motor Vehicle Accidents, The Leading Preventable Cause
Massachusetts sees over 110,000 motor vehicle crashes annually (MassDOT), with motor vehicle accidents causing 99 TBI deaths in a single year (MDPH):
Car Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian and Bicycle Accidents
Motor vehicle accident brain injuries require proving driver negligence, distraction, speeding, drunk driving, reckless operation, or traffic violations.
- Slip and Fall Accidents – The #1 Cause of TBI Deaths
Falls caused 461 TBI deaths in Massachusetts in 2019 (MDPH), more than all other causes combined:
Ice and Snow Falls
Stairway Falls
Wet Floor Falls
Uneven Surfaces
Falls disproportionately affect elderly victims, people 75+ have the highest TBI rates (CDC). Even “simple” falls can cause catastrophic brain bleeding in seniors.
- Workplace Accidents
Massachusetts workers suffer 81,700 recordable injuries annually, with many involving head trauma.
Construction Accidents
Industrial Accidents
Warehouse Accidents
Commercial Driver Accidents
Workplace brain injuries may involve both workers’ compensation AND personal injury claims against third parties (equipment manufacturers, general contractors, property owners).
- Sports and Recreation
While outside typical personal injury claims, sports-related TBIs are significant.
- Assaults and Violent Crimes
Intentional acts causing brain trauma. Victims of assault may have both criminal charges against perpetrators AND civil claims against property owners who failed to provide adequate security.
- Defective Products
Product liability cases involving brain injury.Brain injuries from any cause require immediate legal action to preserve evidence and protect your rights.
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
WHAT SHOULD I DO IMMEDIATELY AFTER SUFFERING A BRAIN INJURY IN MASSACHUSETTS?
Actions you take in the first hours and days determine both your medical outcome and legal recovery.
Step 1: Seek Emergency Medical Treatment Immediately
Go to emergency room or call 911 if you experience:
- Loss of consciousness (any duration)
- Confusion or disorientation
- Severe headache
- Vomiting (especially repeated)
- Seizure activity
- Unequal pupil sizes
- Clear fluid from nose or ears (cerebral spinal fluid leak)
- Weakness or numbness in limbs
Even “minor” head injuries require evaluation. If you’re thinking “I’m probably fine”, you’re making a dangerous mistake.
Step 2: Report the Accident Immediately
At work: Report to supervisor immediately, file workers’ compensation claim within reasonable time, and notify employer IN WRITING.
On someone else’s property: Report to property owner/manager, demand written incident report, and get a copy before leaving.
Car accident: Call police to create an accident report, exchange insurance information, don’t admit fault.
Immediate reporting prevents “it never happened” defenses later.
Step 3: Document Everything
Photograph: Accident scene, Hazard that caused fall/injury, Vehicle damage (if crash), Visible injuries, Your appearance (showing distress, confusion).
Video: Pan entire accident scene, Record your immediate symptoms (confusion, difficulty speaking), Preserve evidence before it disappears
Write Down: Exactly what happened (while memory fresh), Symptoms you’re experiencing, Names of witnesses, Weather conditions, Lighting conditions
Step 4: Get Witness Information
Full names, Phone numbers and addresses, Email addresses, Written statements if possible
Don’t rely on property owners or police to collect witness information, they often “lose” helpful witnesses.
Step 5: Follow All Medical Advice
Attend all medical appointments, complete all prescribed therapy, take medications as directed, get referrals to specialists promptly, and document all symptoms in medical records.
Treatment gaps harm your case, even if caused by financial problems or transportation issues.
Step 6: Track Symptoms Daily
Keep a detailed journal: Physical symptoms (headaches, dizziness, pain levels), cognitive problems (memory lapses, concentration difficulties), emotional changes (depression, anxiety, irritability), impact on daily activities (can’t work, can’t drive, need help with tasks), sleep disturbances.
This journal becomes powerful evidence of brain injury impact.
Step 7: Do NOT Give Recorded Statements Without Attorney
Insurance adjusters will call quickly. This is your legal right and does NOT hurt your claim.
Step 8: Contact Foglia & Associates Immediately
Call (508) 820-3400 for a consultation about your brain injury case:
We immediately:
- Preserve evidence before it disappears
- Coordinate medical treatment to maximize recovery
- Deal with insurance companies
- Protect you from their tactics
- Build your case for maximum compensation
Brain injury cases have short windows to preserve evidence. Don’t wait.
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
FREQUENTLY ASKED QUESTIONS ABOUT MASSACHUSETTS BRAIN INJURY CASES
1. How much does it cost to hire a brain injury lawyer in Massachusetts?
Nothing upfront. We work on contingency fees, no fees unless we win. We advance all case costs (medical records, expert witnesses, court fees). Typically 33⅓% if settled before trial, 40% if trial is necessary. If we don’t recover compensation, you owe nothing.
2. How long do I have to file a brain injury lawsuit in Massachusetts?
Generally 3 years from date of injury (M.G.L. c. 260, § 2A). Claims against municipalities require 30-day written notice. Don’t wait, complex brain injury cases need 1-2 years to prepare properly. Call immediately.
3. What if my brain injury symptoms didn’t appear right away?
Delayed symptoms are extremely common with brain injuries. Concussions often worsen over 24-72 hours. Subdural hematomas can develop days after impact. Cognitive deficits may not become obvious until return to work. Medical experts explain delayed onset, insurance companies can’t use this against you with proper legal representation.
4. Can I sue if I was partially at fault for the accident?
Yes. Massachusetts modified comparative negligence (M.G.L. c. 231, § 85) allows recovery if you’re not more than 50% at fault. Your damages are reduced by your percentage of fault. If 20% are at fault, you recover 80% of damages. We fight to minimize your fault percentage.
5. What if my CT scan and MRI came back normal?
Standard imaging often misses brain injuries. Concussions rarely show on CT or MRI. Diffuse axonal injury requires advanced imaging (DTI, fMRI). Clinical diagnosis based on symptoms and neuropsychological testing proves injury even without visible damage on scans.
6. How do you prove brain damage if I “look fine”?
We use comprehensive neuropsychological testing showing cognitive deficits, medical expert testimony explaining brain injury mechanisms, family/friend testimony describing personality changes, employment records showing inability to perform job duties, and day-in-the-life videos documenting daily struggles. Invisible injuries require expert proof, we know how to provide it.
7. What is post-concussion syndrome?
Persistent symptoms lasting weeks, months, or years after concussion. Includes headaches, dizziness, cognitive problems, mood changes, sleep disturbances. Affects 10-30% of concussion victims. Insurance companies deny it’s real, we prove it through medical experts and comprehensive documentation.
8. Can I recover compensation if my brain injury occurred at work?
Yes, through both workers’ compensation AND potentially third-party claims. Workers’ comp provides medical benefits and lost wages. If third parties caused injury (general contractor, equipment manufacturer, property owner), you can sue them for full damages including pain and suffering. We coordinate both claims.
9. What if the accident was caused by a drunk driver?
Drunk drivers are fully liable for brain injuries. You can recover from their insurance and potentially your own uninsured/underinsured motorist coverage. In egregious cases, punitive damages may be available. Dram Shop claims against bars that overserved the driver may also apply.
10. How long does a brain injury case take to resolve?
Minimum 6-12 months for simpler cases with clear liability and full recovery. Complex cases requiring extensive medical treatment, permanent disability evaluation, and life care planning typically take 18-36 months. We don’t rush, settling before understanding full injury means accepting far less than you deserve.
11. Will I have to go to trial?
Most brain injury cases settle. However, because insurers initially lowball offers on complex injuries, trial preparation is often necessary to force fair settlement. We’re fully prepared to try your case, insurance companies know this, which leads to better settlements.
12. What if I can’t afford medical treatment while my case is pending?
We help coordinate treatment and payment. Many doctors treat brain injury victims on liens (paid from settlement). Your health insurance covers some treatment. Workers’ comp provides benefits for workplace injuries. We ensure you get necessary treatment without upfront payment.
13. Can I sue if the accident happened years ago but symptoms are just appearing now?
Potentially. The statute of limitations may be tolled (paused) under discovery rule if you didn’t know you had brain injury. However, this is fact-specific and risky. Consult with an attorney immediately when symptoms appear, don’t assume you’re too late.
14. What if the insurance company says their medical examiner found no brain injury?
Defense medical examiners (DMEs) are hired guns who minimize injuries. We counter with our own medical experts, comprehensive neuropsychological testing showing objective deficits, and treating physician testimony. Juries understand insurance companies hire doctors to deny claims.
15. What compensation can I get for my brain injury?
Medical expenses (past and future), lost wages and earning capacity, pain and suffering, loss of enjoyment of life, loss of consortium (for spouses), and life care costs for severe TBI. Values range from tens of thousands for mild concussions to millions for severe permanent brain damage requiring lifetime care. Call for case-specific evaluation.
