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Brain Injury Lawyer in Massachusetts

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Brain Injury Lawyer in Massachusetts

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.

  1. 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.

  1. 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.

  1. 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).

  1. Sports and Recreation

While outside typical personal injury claims, sports-related TBIs are significant.

  1. 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.

  1. 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

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Personal Injury and Criminal Defense Lawyers

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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

Speak to our experts.

TALK TO OUR ATTORNEY

Outstanding client satisfaction 4.9 Stars on Google Review

I am very grateful for Mr. Foglia and his staff for all they have done to help me with my case. Mr. Foglia is very professional, realistic, and reassuring. He speaks to you like a real person instead of just another number in the system.

Christa Wright

Mr. Foglia is a fantastic lawyer who has helped get my son's life back on track. Himself and his entire firm go above and beyond making sure his client's every need is satisfied. I would recommend them a thousand times over.

Ana Paula Oliveira

Attorney Foglia is an Excellent attorney. Very honest. If I could I would give him thousands of stars. The staff and the attorney gave me so much information and details that brought me comfort and at ease. I've heard he is one of the best attorneys in the area, and now I can say the same!!

Rosilene O’Sullivan

More than a attorney he is a friend. He helped me from the first time that we talked over the phone all the way to the closing, bringing in a great result to my case. Excellent attorney, responsible, confidential and professional. Thank you Michael.

Pablo Maia

I had an amazing experience with Foglia & Associates. Attorney Foglia was very understanding, reasonable, and cares for his clients. He is well respected in his community. I would give 10 stars if I could!!!

Cal

Attorney Michael Foglia has been an outstanding lawyer to my husband and I. He went above and beyond to fight for our rights and win our case. He has been an excellent resource in resolving our issue. I would highly recommend him as I have experienced his exceptional services.

Solange Torres

I would like to express my sincere gratitude for Michael Foglia and his team for helping me win two cases. I had all the support I needed throughout the whole process, and that's why I highly recommend Foglia & Associates. Michael Foglia was very attentive and professional in assisting me every step of the way. I can't thank you enough for helping me get my life back on track.

Patricia Marques

Attorney Michael Foglia represented me on a case and he successfully resolved and kept my record clean. He was very knowledgeable and always attentive to my case and concerns. I am very happy with the outcome of my case and highly recommend attorney Foglia and his staff.

Vielman López

Foglia is hands down the best attorney I ever hired. He helped me financially and went out of his way to help me remove most of my charges in my case. Couldn't be happier with the decision I made for an attorney. Very professional and will do as much as he can to help you out in your case. Recommend him 100% to everyone with a DUI case.

Kevin Chilin

Lawyers can be hard to trust, especially when you're in a difficult situation. Mike has been my lawyer since I was about 13 and has always exceeded my expectations. He helped me through multiple criminal cases and saved me from many court fees. Beyond being an excellent lawyer, he truly cares about his clients and always makes sure you feel supported. I’m extremely grateful to Mr. Foglia and his team.

Lukinhas De Souza

Why you must contact an attorney immediately

Time is your enemy in both personal injury and criminal defense cases. Every day you wait:

For personal injury cases evidence disappears every day

Within days or weeks:

  • Accident scenes change (hazards repaired, weather changes)
  • Witnesses forget details or move away
  • Security camera footage is deleted (can be as soon as 7-days)
  • Your own memory fades
  • Physical evidence deteriorates

Property owners and insurance companies:

  • Destroy evidence
  • Coach witnesses
  • Alter records
  • Develop defenses against you

Legal Deadlines:

  • 3-year statute of limitations for most injury claims
  • 30-day notice requirement for municipal claims
  • Shorter deadlines for specific situations

The sooner you call, the stronger your case.

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For criminal cases: your rights are at risk right now

From the
moment of arrest:

  • Anything you say can be used against you
  • Police are building evidence
  • Prosecutors are reviewing charges
  • Time is critical for preserving evidence

Early attorney involvement means:

  • Protecting your constitutional rights
  • Preventing you from making damaging statements
  • Beginning investigation immediately
  • Filing critical motions early
  • Negotiating before charges filed (sometimes)

Bail Hearings:

  • Having an attorney at first appearance is crucial
  • An attorney can fight to avoid custody
  • Conditions of release are typically imposed

Evidence Preservation:

  • Surveillance footage is deleted
  • Witnesses forget or disappear
  • Physical evidence deteriorates
  • Social media posts disappear

Don't wait. Call immediately.

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Frequently asked questions

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.