Brain Injuries

Boston Brain Injury Lawyers

A brain injury can be frightening and often comes at a great cost to the victim and his or her loved ones.

Brain injuries can have long-term effects that permanently incapacitate the victim and are often the result of another’s negligence. Our Boston brain injury lawyers understand the seriousness of a brain injury and may be able to help those suffering from this condition recover compensation. For more than 30 years, Janet, Jenner & Suggs has helped injury victims aggressively pursue individuals and companies whose negligence has caused them pain and suffering. We can discuss your claim in a free consultation. We also work on a contingency fee basis, so you only pay for our services if we recover compensation on your behalf.

To speak with a brain injury lawyer, call 1-877-692-3862.

The Impact of a Serious Brain Injury

The brain is one of the most vital organs in the human body and consists of billions of nerve cells responsible for controlling our cognitive and physical abilities.

Any slight impact or disruption to the brain can cause irreparable damage and change who a person is or limit their ability to live a functional, independent life.

The impact of a brain injury can be complex and varies depending on:

  • The severity of the injury
  • The victim’s access to resources needed for recovery
  • Which functions have been affected by the injury
  • The victim’s rate of recovery

Brain injuries are, unfortunately, very common in the U.S., as approximately 2.5 million people sustain a brain injury each year. Brain injuries also contribute to 30 percent of all injury-related deaths in the U.S., according to the Centers for Disease Control and Prevention (CDC).

Nearly 43 percent of people hospitalized for a brain injury have a related disability one year after the injury. Some long-term and short-term issues that can result from a brain injury include impaired:

  • Cognitive function (attention, memory, problem solving abilities)
  • Motor function (weakness, decreased coordination, inability to balance)
  • Sensation (hearing, vision, perception and touch)
  • Emotion (depression, anxiety, mood swings, aggression, impulse control, personality changes)

Brain injuries may not always be immediately apparent and can have delayed effects that appear several hours or days after the initial injury. If left untreated, the potential damage and harm to the victim is increased.

Filing a claim for a brain injury may provide some relief for this terrible injury. Those who are suffering from a brain injury should contact our Boston brain injury lawyers for help in filing a claim. T

To get started with our Boston brain injury lawyers, fill out a Free Case Evaluation form.

What Causes a Brain Injury?

A brain injury can occur when a victim’s head suddenly and violently strikes an object or when there is disruption or blockage of the brain’s cells.

According to the CDC, the leading causes of brain injuries in the U.S. are:

  • Falls (40 percent)
  • Unknown causes (19 percent)
  • Being struck by or against an object (15 percent)
  • Automobile accidents (14 percent)
  • Assault (10 percent)

Brain injuries can also be caused by less physical elements, such as:

  • Medical malpractice
  • Medication errors
  • Birth injuries
  • Asphyxiation (lack of oxygen to the brain)

Situations in which an individual suffers a brain injury are often the result of another’s negligence.

Whether you were a victim of a car accident in Boston or suffered from medical negligence from a Boston healthcare provider, our Boston brain injury lawyers can help.

Call 1-877-692-3862 to speak with a Boston brain injury lawyer after suffering a severe head injury.

Proving Negligence

If you believe your injury is the result of another’s actions, you may have legal options that can help you recover important financial relief during this difficult time. Although the decision to file a claim is a difficult one, our brain injury attorneys will guide you through the process.

However, in order to file a claim, you must be able to prove the other party’s actions caused your injury.

There are certain elements that must be present in a personal injury claim for the at-fault party to be held liable. An attorney must be able to prove the following elements were present:

  • Duty of Care: The individual or company had an obligation to follow a certain standard or level of care that would ensure the safety of others.
  • Breach of Duty: The at-fault party failed to live up to this obligation and acted negligently.
  • Causation: The victim’s injury was a direct result of the defendants’ negligence.
  • Damages: The victim must have sustained damages because of the defendant’s negligence in order to file a claim. With more than three decades of experience, we have the investigative skills needed to build a strong case that will support your claim.

Fill out a Free Case Evaluation form for our Boston brain injury lawyers.

What Compensation Can My Claim Bring?

While brain injuries impose an extraordinary loss on victims and their love ones, the financial burdens are often just as extreme.

Filing a claim with an insurance company or bringing one against the individual or company that caused your condition may help alleviate some or all of these costs.

Our experience has enabled us to accurately assess the value of a personal injury claim, like a brain injury, to reflect the economic and noneconomic damages a victim has suffered.

Economic damages cover the financial suffering a victim has experienced as a result of his or her injury. These include:

  • Initial medical expenses, which can include hospital visits, neurological surgeries, rehabilitation and post-operative care.
  • Continued medical expenses that require extended treatment and procedures. This also includes long-term assistance of a caregiver.
  • Lost income if your brain injury caused you to miss an extended period of work.
  • Future loss of earning abilities if your brain injury prevents you from working and earning wages in the future.

Injury victims can also file for noneconomic damages, which place a monetary value on the intangible loss related to the injury, such as:

  • Pain and suffering for any physical or emotional stress caused by the injury.
  • Emotional distress if your brain injury has affected your mental state.
  • Loss of consortium if your brain injury has affected your relationships with your spouse, partner or members of your family.

Damages Caps

Although most personal injury cases in Massachusetts do not have a cap on the damages that can be recovered, there is a strict $500,000 limit on noneconomic damages from medical malpractice claims.

This cap does not apply if it can be shown that the plaintiff suffered a substantial or permanent loss or impairment of a bodily function, severe disfigurement, or if it can be found that imposing a cap would deprive the plaintiff of fair compensation for his or her injuries.

We can discuss the possibility of maximizing your damages through a free consultation with one of our reputable Boston brain injury lawyers.

Call 1-877-692-3862 help filing a claim from our Boston brain injury lawyers.

Contributory Negligence

Massachusetts awards compensation for personal injury claims based on the rule of “contributory negligence.” Under this rule, a person can be compensated for an injury he or she partially caused if he or she was not more at-fault for the accident than the other party.

Contributory negligence will, however, affect the amount of compensation you can pursue based on your level of fault.

For instance, if you are pursuing a $10,000 claim for a mild TBI from a car accident but were speeding at the time of the collision, a court may determine that you are 30 percent at-fault for your injury. Your claim would then be reduced by 30 percent, allowing you to only recover $7,000.

Insurance companies often use contributory negligence to place most of the blame on the victim to lower the amount they have to pay or to eliminate a claim altogether.

Our experienced Boston brain injury lawyers will fight to ensure that this does not happen and that you are not unjustifiably blamed for your injury.

Call 1-877-692-3862 to learn more from our Boston brain injury lawyers.

We Have Recovered Millions for Brain Injury Victims

Through our experience, we have recovered millions in verdicts and settlements for brain injury victims and their families, such as:

  • $33.5 million verdict for a delayed C-section that resulted in the baby developing severe brain damage and cerebral palsy.
  • $9 million settlement in a case involving a misinterpretation of a prenatal sonogram that resulted in the birth of a child with severe, permanent brain damage.
  • $5.5 million recovery after an anesthesia error put the patient in a permanent vegetative state.
  • $5.5 million recovery for a patient who suffered brain damage and quadriplegia due to anesthesia malpractice.
  • $4.5 million settlement for a child who suffered brain damage after being given an excessive dose of medication.

Massachusetts’ Statute of Limitations

If you are filing a claim for a brain injury, you must act quickly. Massachusetts has a three-year statute of limitations for victims of personal injury to file a claim seeking damages.

The deadline begins on the date of your injury. If you attempt to file a claim after the three-year deadline has passed, you forfeit your right to seek damages.

Claims concerning brain injuries caused by medical malpractice must also be filed within three years in accordance with Mass. Gen. Laws ch. 260 § 2A. However, Massachusetts’ law incorporates several exceptions for the statute of limitations on medical malpractice claims.

  • Discovery Rule – This allows the statute of limitations to begin on the date the victim discovered or should have discovered his or her injury.
  • Minors Children under the age of 18 must file a claim within three years of the injury. However, if the victim is under the age of six, the child has until his or her ninth birthday to file a claim.
  • Statute of Repose –  This imposes an absolute deadline for filing a medical malpractice claim within seven years of when the act of medical negligence initially occurred. This applies to all claims regardless of when the victim first discovered his or her injury with the exception of those involving a foreign object left in the body.

Do not hesitate to contact our Boston brain injury lawyers as soon as possible. We can assist you to ensure each deadline is met.

How Much Will a Lawyer Cost?

We understand the financial and personal hardships injury victims and their families suffer following a tragic accident. Most cannot afford to cover the serious medical expenses needed to treat a brain injury and hire an attorney.

This is why the Boston personal injury attorneys at Janet, Jenner & Suggs provide our services on a contingency fee basis. This means we will not charge you any upfront legal fees to retain our firm.

We will only charge you if we are successful in helping you receive compensation for your claim. In this event, we will only charge a percentage of the damages awarded.

No matter how severe your injury, our brain injury attorneys are committed to fighting for the justice you deserve.

Types of Brain Injury Cases We Handle

Brain injuries fall under several categories, many of which can cause permanent, debilitating damage to the brain. Our team is experienced in handling a variety of these injuries.

Acquired Brain Injury

Brain injuries that occur after birth and are not related to a genetic disorder or disease are referred to as an acquired brain injury. This type of brain damage can have several causes, including:

  • Traumatic forces to the head
  • Stroke
  • Bleeding in the brain
  • Lack of oxygen to the brain
  • Infections
  • Toxic exposure
  • Fluid in the brain

Acquired injuries can be temporary or permanent and can cause partial or complete functional disability.

Anoxic Brain Damage

Anoxic brain damage occurs when the brain is deprived of oxygen. Brain cells begin to die after four minutes without oxygen, which can result in permanent damage.

Anoxic brain damage is often the result of:

  • Drowning
  • Carbon monoxide poisoning
  • Poisoning
  • Choking
  • Exposure to toxins
  • Suffocation
  • Brain tumors
  • Heart attack

Anoxia can cause severe cognitive problems and can interfere with an individual’s visual abilities and motor skills. Victims often suffer from short-term memory loss and lose the ability to make rational decisions or form complex thoughts.

Traumatic Brain Injury

By definition, a traumatic brain injury (TBI) can be considered an acquired brain injury because it occurs after birth. This type of injury is a disruption in brain function caused by an external force, such as a blow to the head or penetration of the skull.

TBIs are commonly caused by motor vehicle accidents, assault or hard falls. A person can also suffer a TBI when the brain strikes the skull after coming to a stop after a rapid acceleration, which is referred to as a deceleration brain injury.

The severity of a TBI is determined by using the Glasgow Coma Scale, which assesses an individual’s impaired consciousness. It evaluates an individual’s ability to open his or her eyes and his or her verbal and motor responses. Each category is given a number score that is then added together to determine a Glasgow Coma Scale score.

TBIs are also categorized as mild, moderate or severe depending on the symptoms that follow an injury. However, there is no correlation between a Glasgow Coma Scale score and the categorization of a brain injury.

Mild TBI

A TBI is classified as mild when loss of consciousness, confusion and/or distortion lasts for less than 30 minutes. These are most often referred to as concussions and have symptoms that include:

  • Fatigue
  • Headaches
  • Sensitivity to light
  • Nausea
  • Visual disturbances
  • Memory loss
  • Poor concentration
  • Dizziness/loss of balance
  • Irritability or emotional imbalances
  • Seizures

Most symptoms for mild TBIs are subtle and appear several hours after the initial injury, which makes it easy for medical practitioners to misdiagnose or overlook.

Moderate TBI

Moderate brain injuries result in a loss of consciousness lasting from 20 minutes to six hours; confusion that can last for days or weeks; or when physical, cognitive, and/or behavioral impairments last for months or are permanent.

The symptoms of a moderate TBI include:

  • Dizziness
  • Repeated vomiting or nausea
  • Convulsions
  • Dilation of one or both pupils of the eyes
  • Inability to wake up from sleep
  • Loss of coordination
  • Problems speaking
  • Weakness or numbness in hands or feet
  • Confusion, restlessness or agitation
  • Problems sleeping

Severe TBI

A severe TBI occurs when there is a loss of consciousness, distortion or confusion that lasts for days or weeks. In this state, all of the symptoms associated with a mild TBI are amplified and the victim suffers permanent neurological damage.

The cognitive deficits associated with a severe TBI include:

  • Inability to understand spoken word
  • Slurred speech
  • Loss of smell and taste
  • Severe memory loss
  • Partial or total vision loss
  • Paralysis
  • Chronic pain
  • Loss of depth perception
  • Aggression
  • Lack of awareness
  • Intolerance to light

If someone else caused you to suffer from one of these severe conditions, contact our Boston brain injury layers. We can help you take action.

Contact our Boston brain injury lawyers for a free review of your claim.

Severe Effects Caused by Brain Trauma

The physical and cognitive damage that follows a brain injury depends on the area of the brain that has been affected.

Injuries to the left side of the brain can cause:

  • Difficulty speaking
  • Difficulty understanding language
  • Mental instability (depression, anxiety, mood swings)
  • Verbal memory deficits
  • Impaired logic
  • Sequencing difficulty
  • Impaired logic
  • Decreased control over right-sided body movements

Similarly, injuries that are inflicted upon the right side of the brain also have unique effects:

  • Visual memory deficits
  • Visual-spatial impairment
  • Inattention to the left side of the body
  • Decreased awareness of deficits
  • Narrowed or limited thinking abilities
  • Altered creative and musical perspectives
  • Decreased control of the left side of the body

A diffuse brain injury, one that is scattered throughout both sides of the brain, can result in:

  • Reduction of thinking speed
  • Confusion
  • Lower attention and concentration levels
  • Fatigue
  • Cognitive impairment in all skill areas

These effects can drastically change one’s life. Those who suffer from a brain injury may never fully regain their pre-accident abilities and are often left with limited cognitive and physical abilities.

Call 1-877-692-3862 today to schedule an appointment with a Boston brain injury lawyer.

Contact our Boston Brain Injury Lawyers

We have helped numerous injury victims and families through the most difficult times in their lives and have witnessed first-hand the far-reaching effects of negligence.

Our attorneys have been nationally recognized for their contributions to personal injury law and several members of our staff possess Martindale-Hubbell® AV® preeminent ratings, the highest rating for legal and ethical excellence.

Howard Janet, the firm’s managing partner, is renowned for his dedicated and aggressive support for the rights of victims who have suffered severe medical conditions. He has also been named one of the Best Lawyers in America® for his acclaimed work in personal injury litigation and trial experience.

The personal injury team at Janet, Jenner & Suggs is committed to serving the people of Boston. Our offices are located just one mile from Massachusetts General Hospital and one block away from the Boston Public Garden.

If you or someone you love has suffered brain damage because of another, do not hesitate to contact our reputable team of Boston brain injury lawyers.

Call 1-877-692-3862 to schedule a consultation with a Boston brain injury lawyer.

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