TRAUMATIC BRAIN INJURY ATTORNEY
The damage you can't see
is often the worst.
A traumatic brain injury rarely shows on the outside, yet it can reshape memory, mood, and the ability to work, and Massachusetts law treats that hidden harm as wholly compensable.
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What a traumatic brain injury attorney proves for you.
A traumatic brain injury is one of the most serious harms a person can suffer, and one of the easiest for an insurer to underestimate. It ranges from a concussion that quietly disrupts sleep, focus, and mood to a severe injury that permanently changes memory, judgment, and personality. What these injuries share is that they often leave no cast, no scar, and nothing visible on a routine X-ray, which is exactly why they demand a lawyer who knows how to make an invisible injury visible to an adjuster, a defense doctor, and, if it comes to it, a jury.
Insurers lean hard on that invisibility. They call a serious concussion a bump on the head, argue the symptoms are exaggerated or unrelated, and point to a clean scan as if it settles the question, when modern medicine has long recognized that a brain can be badly hurt without a visible bleed. Proving a traumatic brain injury takes the right imaging, formal neuropsychological testing, and the testimony of the people who knew the person before and can describe who they are now. Our Boston personal injury attorney team builds that proof deliberately, because a brain injury claim is won or lost on the quality of the evidence behind it.
Like the injury itself, the harm arrives in two waves. In the short term there are the acute symptoms that follow the blow, the headaches, dizziness, nausea, confusion, and sensitivity to light and noise that can make ordinary days unbearable. Then there are the lasting effects that may never fully resolve, the gaps in memory, the trouble finding words, the flattened or volatile mood, the loss of the sharp, reliable mind a person once took for granted. A complete claim accounts for both the early crisis and the long road that follows.
This page explains how a traumatic brain injury is valued and proven under Massachusetts law, what its short-term and lasting effects look like, and how compensation is built to cover a lifetime of consequences rather than a single hospital stay. If you or someone you love is living with a brain injury someone else caused, a free review can tell you where things stand at no cost and with no obligation. Time works against a brain injury claim in a way it does not for many other cases. Symptoms are easy to shrug off in the first days, when a person feels rattled but assumes they will bounce back, and the record of those early problems is exactly what an insurer later demands. Getting evaluated promptly, telling every doctor about every symptom, and keeping a simple daily note of the headaches, the lost words, and the bad days creates the contemporaneous proof a claim depends on. It also protects the people around the injured person, who often notice the changes first and whose observations become some of the most persuasive evidence in the case.
What our clients say
A brain injury deserves a serious case.
- We treat a brain injury as the life-altering harm it is, not the minor bump an insurer pretends it to be.
- We gather the imaging, neuropsychological testing, and expert opinion that make an invisible injury undeniable.
- We bring in the family, friends, and coworkers who can describe the person before the injury and the person after.
- We value the full future, the lost earning power, the ongoing care, and the years of diminished daily life.
- We stand up to the defense doctors and adjusters who make a living minimizing head injuries.
- No fee unless we win
- No upfront costs
- Direct attorney access
- Free case review
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How Massachusetts law treats a brain injury.
A brain injury is fully compensable harm
Massachusetts law lets a brain-injured person recover the full range of losses: medical care past and future, lost wages and diminished earning capacity, the cost of ongoing therapy and support, and non-economic damages for the pain, confusion, and loss of normal life the injury causes. In an ordinary injury case there is no statutory cap on those damages, so the value turns on how severe and lasting the injury is and how thoroughly it is documented. Because a brain injury so often reduces a person’s ability to work and to live independently, its true value reaches far beyond the first hospital bill.
Proving the injury and its cause
The central battle in most brain injury claims is causation, and it is won with evidence. Advanced imaging, formal neuropsychological testing, and treating specialists connect the symptoms to the trauma, while people who knew the person before describe the change in memory, temperament, and ability. Where the injury arose from a crash, personal injury protection under MGL c.90 §34M begins paying medical costs regardless of fault, and the larger claim proceeds against the at-fault party. Building that record early, before an insurer frames the story, matters enormously.
Fault, deadlines, and the gravest cases
Massachusetts applies modified comparative negligence under MGL c.231 §85, so a recovery is reduced by the injured person’s share of fault and barred only if it passes half. Most claims must be brought within three years under MGL c.260 §2A, though the clock can be paused for a child or for an injury that impairs the ability to act. When a brain injury proves fatal, close family may pursue a claim under MGL c.229 §2. Money is only part of what a brain injury case has to secure. In the most serious cases a court may need to approve a settlement and set up arrangements that protect a person whose judgment or capacity has been affected, so the recovery actually serves the years of care and support it is meant to fund. Structuring a settlement with an eye to future medical needs, lost earnings, and the possibility that symptoms worsen over time is part of doing the case properly, rather than simply accepting the first number an insurer is willing to write.
Where traumatic brain injuries come from.
The crashes that cause them
Most serious brain injuries begin with a sudden, violent impact, and the road is where they most often happen. The high-energy crashes handled by our Boston car accident lawyer, Boston truck accident lawyer, and Boston motorcycle accident lawyer teams routinely snap the head forward and back or drive it against glass and steel, and even a helmeted rider can suffer a concussion or worse when the forces are great enough. In these cases the brain injury is frequently the most serious harm of all, even when other injuries are more visible.
Vulnerable victims and dangerous falls
The people with the least protection are the most exposed. A Boston bicycle accident lawyer and a Boston pedestrian accident lawyer see head injuries when a rider or walker is thrown to the pavement by a vehicle, and a Boston slip and fall lawyer handles them after a preventable fall on stairs, ice, or an unsafe floor, where the back of the head striking the ground can cause damage that outlasts every bruise.
The most catastrophic outcomes
When the injury is severe, it becomes the center of the entire case. A Boston brain injury lawyer builds a claim around effects that reshape memory, mood, and independence for the rest of a life, and when the trauma proves fatal a Boston wrongful death lawyer carries the loss for the family. Whatever the cause, the principle is the same: the law compensates the whole of what a brain injury takes, not just the part a scan happens to show. Across all of these cases the pattern repeats: the visible injuries heal and close, the paperwork from the emergency room tells a tidy story, and the brain injury, the one harm that may never fully mend, is the easiest for everyone but the family to forget. That is why a brain injury has to be named, documented, and valued on its own terms from the very beginning, rather than folded quietly into the bruises and fractures that happen to photograph well.
The effects a brain injury leaves behind.
A traumatic brain injury touches nearly every part of a person’s life, and a full claim breaks that harm into its specific effects, first in the acute aftermath and then in the changes that last. In the short term it is the physical storm that follows the blow: headaches, dizziness, nausea, blurred vision, exhaustion, and a painful sensitivity to light and sound that can make a normal room unbearable. As weeks turn into months, the lasting effects come into focus, and they are often cognitive and emotional rather than physical: gaps in short-term memory, trouble concentrating or finding words, slowed thinking, irritability, anxiety, depression, and personality changes that strain work and relationships alike. Severe injuries can bring seizures, permanent disability, and a lifelong need for care. The categories below are a starting point rather than a limit, and a serious brain injury usually reaches several at once, which is why they are valued together and proven with real medical evidence rather than assumed. What makes these effects so difficult, and so easy for an insurer to exploit, is that they are largely invisible and often inconsistent from day to day. A person may seem fine across a short conversation and still be unable to hold a job, follow a recipe, or keep their temper with the people they love. Friends and family adjust so gradually that they stop noticing how much has changed, which is why an honest, documented account of daily life, gathered while the memories are fresh, matters as much to the claim as any scan or test result. The goal is to show the full weight of what was lost, not just the part that fits on a chart.
Cognitive and Memory Effects
Physical Symptoms
Emotional and Behavioral Change
Permanent Disability
How a brain injury claim is built.
Get a full neurological workup done
See a doctor and insist on a neurological evaluation, because the imaging and neuropsychological testing are what turn a dismissed bump on the head into a well-documented injury no insurer can ignore.
Document the before and after fully
Ask the people who knew you before to note the changes they see in your memory, mood, and abilities, because that honest before-and-after picture is often the strongest proof a brain injury claim has.
Let a lawyer prove the lasting harm
Before you accept any offer, let a lawyer prove the lasting harm, because the true cost of a brain injury is measured in years of lost earning power and care, and not in a single emergency-room visit.
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Talk to a traumatic brain injury attorney today.
A brain injury is too serious, and too easy for an insurer to minimize, to face without someone who understands what these cases require. Tell us what happened and how life has changed, and we will help you get the right medical evaluation, gather the proof that connects the injury to the harm, and pursue the full cost of a lifetime of consequences. There is no charge to talk, no pressure, and no fee unless we win. If a brain injury has taken a life, we can explain the rights close family hold under Massachusetts law.
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Our Clients.
Our Practice Areas.
Traumatic brain injuries reach families across Boston and the surrounding communities, from a concussion that will not fade to a severe injury that changes a life for good. If you are unsure how a brain injury claim applies to your situation, we can walk you through it in plain terms at no cost and with no obligation.
Personal injury law in Boston answered directly.
Do I have a personal injury claim?
You may, if someone else’s carelessness caused your injury. The key questions are whether another person or company was negligent, whether that negligence caused your injury, and how serious the harm is. Many people are unsure whether their situation rises to a claim, especially when an insurer downplays it. A free review with an attorney is the best way to find out, because we can look at the facts, the evidence, and the insurance and tell you honestly whether you have a case and what it may be worth, at no cost to you.
What kinds of cases do you handle?
We handle the full range of serious injury and wrongful death cases, including car, truck, motorcycle, bus, rideshare, bicycle, and pedestrian crashes, slip and fall and other premises injuries, dog bites and animal attacks, injuries from dangerous or defective products, and fatal accidents. What these cases share is that someone was hurt by conduct that should not have happened. If you are not sure whether your situation fits, the simplest thing is to ask; the review is free, and we will tell you honestly whether we can help.
How much is my claim worth?
It depends on the severity of the injuries and their lasting effects. Value can reflect past and future medical care, lost wages and reduced earning capacity, pain and suffering, and the long-term impact of a serious or permanent injury, along with property damage in a crash. Every case is different, and the future care is often the largest part of a serious claim. Be cautious of anyone who promises a number up front; a careful attorney evaluates the claim only after reviewing how the injury happened and the full medical picture.
What if the insurer says I was partly at fault?
You can still recover as long as you were not more than half to blame. Under comparative negligence, MGL Chapter 231 Section 85, your compensation is reduced by your share of fault but not eliminated unless that share passes fifty percent. Insurers often exaggerate the injured person’s role to cut what they pay, sometimes based on little evidence. An attorney can present the full picture of how the injury happened and protect your recovery from an unfair or inflated fault argument.
Should I talk to the insurance company?
It is best to be cautious. The other side’s insurer, and sometimes even your own, may contact you quickly and sound friendly, but their goal is to limit what they pay, and an early recorded statement can be used against you while you are still hurting. You are not required to give one. An attorney can deal with the insurers for you, so you do not say something that is later taken out of context, and so the focus stays on the other side’s fault and your recovery rather than on the insurer’s bottom line.
How long do I have to file a claim?
Most injury claims must be filed within three years under MGL Chapter 260 Section 2A, and for an injured child the deadline is paused under MGL Chapter 260 Section 7. Claims involving a city or other public entity can carry much shorter notice deadlines. Because evidence fades and cameras record over their footage within days, it is best to act soon so the proof can be preserved well before any deadline approaches.
What if I cannot afford a lawyer?
You can. Larson Law handles injury claims on a contingency fee, which means there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim and working with any experts the case needs. You do not pay out of pocket while you recover, and we are only paid from a successful result. That arrangement exists so that anyone, regardless of their finances, can afford strong legal help after a serious injury.
Do I really need an attorney for my claim?
For a minor injury you may not, but for any serious injury an attorney usually makes a real difference. Insurers settle for less when no lawyer is involved, and the rules around fault, deadlines, and coverage are easy to get wrong on your own. An attorney levels the field, handles the insurers, proves the claim, and pursues the full value while you focus on recovering. Because the first review is free and we work on a contingency fee, there is no cost to find out whether you need one and what your claim may be worth.
How long will my case take?
It depends on the case. Some claims resolve in a matter of months through negotiation, while others, especially serious injuries that are still healing or cases an insurer refuses to value fairly, take longer and may require filing suit. It is usually wise not to settle until the full extent of your injuries is known, since you generally cannot reopen a claim later. An attorney can give you a realistic timeline for your situation and work to move the case as efficiently as possible without leaving money on the table.
What if a loved one died from an injury?
If an injury proved fatal, close family may bring a wrongful death claim under MGL Chapter 229. Such a claim can seek compensation for the loss of the person’s income, services, companionship, and guidance, along with funeral and related expenses. These cases are painful and the legal steps are complex, and an attorney can handle the investigation and the filings so the family can focus on each other, never paying anything up front and owing a fee only if there is a recovery.
How much does a personal injury attorney cost?
Nothing upfront. Larson Law handles personal injury claims on a contingency fee, so there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim, obtaining the records, and working with experts. We are only paid from a successful result, which lets an injured person take on the insurers without paying out of pocket while they recover, so cost is never a reason to wait to find out what your claim may be worth.
What should I do after an accident?
Get medical care right away, even if you feel okay, since some injuries appear hours or days later, and keep every record. Write down how it happened, photograph the scene, the cause, and your injuries, and get the names of any witnesses while it is fresh. Report the accident as appropriate. Avoid giving the insurer a recorded statement or signing anything before you have spoken with an attorney, who can preserve the evidence and protect both your health and your claim from the start.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.