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Traumatic Brain Injuries (TBI)
A traumatic brain injury can turn an ordinary day into a long, uncertain stretch of doctor visits, cognitive symptoms you cannot predict, and a new set of limits that other people cannot see. Some people feel “mostly fine” until they try to read a page, drive in traffic, or get through a full workday without headaches, dizziness, irritability, or exhaustion. Others face more obvious impairments, such as memory loss, balance problems, seizures, personality changes, or serious physical disability. Either way, a brain injury often becomes the defining issue in a Massachusetts personal injury claim because it affects nearly every part of life: income, relationships, independence, and the simple ability to feel like yourself.
At Rightful Legal, TBI Attorney Tracy Paulsen represents injured people in Bristol County, Norfolk County, Middlesex County, Boston and across Massachusetts and works to hold negligent drivers, property owners, employers, and insurers accountable. TBI claims require early, careful case-building because brain injuries can be misunderstood, minimized, or blamed on stress, age, or prior conditions. Insurance companies may argue you “recovered” because a CT scan looked normal, because you went back to work briefly, or because you did not go to the emergency room the same day. The law, however, does not require a brain injury to be visible on a basic scan to be real, disabling, and compensable. What matters is evidence, medical documentation, and a clear explanation of how the injury happened and how it changed your life.
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What is a Traumatic Brain Injury?
A traumatic brain injury is a disruption in normal brain function caused by an external force. Some TBIs occur with a direct impact to the head, such as striking the steering wheel, pavement, a window, a beam at a worksite, or a hard floor after a fall. Others happen when the head and brain move violently back and forth, even without a skull fracture, such as in a rear-end crash, a side-impact collision, or a fall where the head snaps.
TBIs are often described by severity, but “mild” does not mean minor. A concussion can lead to long-lasting symptoms and serious functional impairment, especially when symptoms persist for months or when there are repeated concussions. More severe TBIs may involve:
- Bleeding or swelling in the brain
- Loss of consciousness
- Extended hospitalization
- Permanent cognitive disabilities
- Long-term physical impairments
Whether classified as mild, moderate, or severe, a traumatic brain injury can form the foundation of a serious Massachusetts personal injury claim.
For guidance specific to your situation, call Tracy Paulsen at Rightful Legal at 617-821-5856 to discuss your traumatic brain injury case in Massachusetts.
Common TBI Symptoms That Affect Daily Life
Brain injuries can create symptoms that are hard to describe and easy for outsiders to dismiss. Many people feel pressure or headaches that come and go, sensitivity to light or sound, dizziness, nausea, ringing in the ears, or vision issues. Others struggle with concentration, word finding, short-term memory, processing speed, multitasking, or fatigue that hits suddenly. Mood changes are common too, including anxiety, depression, irritability, impulsivity, or emotional “flatness.”
Common concussion and TBI symptoms include:
- Persistent or worsening headaches
- Memory and concentration problems
- Dizziness or balance issues
- Sleep disruption
- Sensitivity to light and noise
- Mood and personality changes
- Fatigue that interferes with work or school
A key point in many TBI claims is that symptoms may develop over time. Adrenaline can mask symptoms in the hours after a crash or fall. Some clients only recognize a problem when they return to work or school and realize they cannot think clearly or tolerate normal stimulation.
When a Concussion Becomes a Long-Term Condition
Many people recover from a concussion within weeks, but a meaningful number experience persistent symptoms. When symptoms last beyond the expected recovery window, providers may describe post-concussion syndrome or persistent post-concussive symptoms. In legal terms, the label matters less than the documented impact: missed work, reduced performance, reduced earning capacity, increased medical needs, and the need for accommodations at home and on the job.
If your symptoms are lingering or worsening, Contact Attorney Tracy Paulsen at Rightful Legal at 617-821-5856 to protect your legal rights and ensure your brain injury is taken seriously.
How TBIs Happen in Massachusetts Injury Cases
TBIs arise in many types of negligence cases. The mechanism of injury and the surrounding evidence often determine how quickly an insurer takes the claim seriously.
Motor Vehicle Crashes
Car crashes are a leading cause of brain injuries. A TBI may occur when the head strikes an interior surface, when airbags deploy, or when the brain shifts inside the skull due to rapid deceleration. Rear-end collisions can cause whiplash forces that contribute to concussion symptoms even when property damage appears limited.
Massachusetts is a no-fault state for car accidents, which means many injured drivers and passengers first turn to Personal Injury Protection benefits. The no-fault system does not eliminate your right to sue, but it can affect when you can bring a bodily injury claim against an at-fault driver. Under Massachusetts law, the auto tort threshold is often a major issue in TBI cases, especially when medical bills and diagnostic work accumulate and symptoms persist.
Slip and Fall and Premises Liability Incidents
Falls on poorly maintained property can produce serious head trauma. A wet floor, an unshoveled walkway, broken steps, missing handrails, uneven pavement, poor lighting, or unsecured rugs can lead to a sudden impact. In these cases, evidence disappears quickly. Cleaning logs, surveillance footage, maintenance records, and witness names can be lost if you wait too long.
Work-Related Head Injuries
Some brain injuries happen at construction sites, warehouses, and other workplaces. Falling objects, falls from height, equipment accidents, and vehicle impacts can all cause TBIs. A work injury may trigger a workers’ compensation claim under Massachusetts law, but that does not necessarily end the legal analysis. Depending on the facts, there may also be a third-party claim against a negligent contractor, property owner, equipment manufacturer, or driver.
Defective Products and Equipment
A defective helmet, faulty ladder, dangerous machinery design, or defective vehicle component can contribute to head injuries. Product-related TBI claims often depend on preserving the product in its post-incident condition and documenting how it failed.
Why TBI Claims Are Often Disputed
Insurance companies frequently fight brain injury claims because TBIs can be complex, symptom-driven, and expensive. They may argue that your symptoms are unrelated, exaggerated, or caused by preexisting conditions. They may point to normal imaging, gaps in treatment, or inconsistent descriptions of symptoms in early medical records. They may try to frame the injury as anxiety, stress, or simple soreness.
The best response is not anger. It is proof.
A strong TBI case typically uses a combination of emergency records, primary care notes, neurology or concussion clinic evaluations, neuropsychological testing when appropriate, vestibular therapy documentation, occupational therapy notes, medication records, and testimony from the people who saw the change in your daily functioning. It also uses a clear timeline that connects the incident to the onset of symptoms and to the limitations that followed.
What To Do After a Suspected Brain Injury
Your health comes first. Getting appropriate care also creates the medical documentation that your claim will rely on.
Seek medical evaluation promptly if you have red-flag symptoms such as worsening headaches, repeated vomiting, confusion, seizures, loss of consciousness, weakness or numbness, slurred speech, or unusual drowsiness. Follow discharge instructions carefully, attend follow-up visits, and report symptoms honestly and consistently. If you are referred to a specialist, try to go. If your symptoms make it difficult to work, drive, or care for yourself, tell your provider. A TBI claim is often strengthened by contemporaneous medical notes that reflect real functional problems, not just a diagnosis code.
Also try to preserve practical evidence. Photograph visible injuries. Save discharge paperwork. Keep a simple symptom journal with short entries about headaches, dizziness, sleep disruption, missed work, or cognitive lapses. If a crash occurred, obtain the police report and the names of witnesses if possible. If a fall happened on property, report it and request an incident report, but avoid guessing or speculating about fault in the moment.
If you or a loved one suffered a concussion or TBI in a car accident, fall, workplace incident, or due to a defective product –
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Core Massachusetts Laws That Commonly Affect TBI Claims
Every case is fact-specific, but several Massachusetts statutes frequently shape traumatic brain injury claims.
Time Limits to File a Lawsuit
Most Massachusetts personal injury claims are subject to a three-year statute of limitations. This time limit is set out in Massachusetts General Laws chapter 260, section 2A. Missing the deadline can bar recovery, even if the injury is severe and the evidence is strong. There are limited exceptions and special rules that can apply in certain situations, but relying on an exception is risky.
Because strict deadlines apply, speaking with Tracy Paulsen at Rightful Legal at 617-821-5856 as soon as possible can help ensure your claim is filed on time.
Wrongful death claims have their own statutory structure and time limits, and they are governed primarily by Massachusetts General Laws chapter 229, section 2. When a TBI results in death, the legal approach, the damages categories, and the proper parties can differ from a standard injury case.
Comparative Negligence
Massachusetts follows a modified comparative negligence rule under Massachusetts General Laws chapter 231, section 85. In general terms, your recovery can be reduced by your percentage of fault, and if you are found more than 50 percent at fault, you may be barred from recovering damages. In TBI cases, insurers sometimes try to inflate a fault argument to reduce what they pay. A careful investigation, including scene evidence, witness accounts, and expert analysis when needed, can be critical.
Auto Insurance and No-Fault Issues
Massachusetts no-fault benefits are tied to Massachusetts General Laws chapter 90, section 34M. In car crash cases, understanding how Personal Injury Protection interacts with health insurance, medical billing, and the threshold for stepping outside no-fault is often important, especially when concussion care expands into specialist visits, therapy, and prolonged work restrictions.
Interest on Damages in Certain Cases
In many civil cases, Massachusetts statutes provide for prejudgment interest under Massachusetts General Laws chapter 231, sections 6B and 6C, depending on the type of case. Interest rules can matter in serious injury claims because delays are common and the financial impact of a TBI can build quickly.
Proving Liability in a Traumatic Brain Injury Case
A personal injury claim is not only about the injury. It is about proving that someone else’s negligence caused it.
Building the Negligence Story
In a motor vehicle case, the liability story might involve speeding, distracted driving, following too closely, failure to yield, unsafe lane changes, or impaired driving. In a premises liability case, it might involve a hazard that the owner knew about or should have known about and failed to correct or warn against. In a workplace or product case, it might involve safety violations, unsafe practices, or a defective design.
The goal is to show duty, breach, causation, and damages. Brain injuries often make the causation portion more heavily contested, so the timeline and the medical documentation are especially important.
Preserving Evidence Before It Disappears
Many of the best pieces of evidence do not last. Video footage may be overwritten within days. Vehicles get repaired. A property owner fixes a hazard after a fall. Witnesses forget details. A quick legal response can include preservation letters, requests for surveillance, inspections, and early interviews.
Damages in Massachusetts TBI Claims
A traumatic brain injury can create a wide range of losses, and a claim should account for both the immediate and the long-term consequences.
Economic Damages
Economic damages often include past and future medical expenses, therapy costs, medication, assistive devices, transportation to appointments, and home modifications if needed. Income losses can be substantial. Many people with TBIs cannot return to their prior role, cannot tolerate full-time schedules, or require reduced responsibilities. In serious cases, a claim may include loss of earning capacity and the cost of long-term care.
Non-Economic Damages
Non-economic damages address the human impact: pain and suffering, emotional distress, loss of enjoyment of life, and the ways a brain injury changes relationships and independence. Brain injuries are often life-disrupting even when a person looks physically uninjured. The law allows compensation for that reality, but insurers often require careful, credible proof of daily limitations.
When Punitive Damages May Be Considered
Punitive damages are not available in most ordinary negligence cases. They can arise in limited circumstances, including certain wrongful death claims and specific statutory contexts. Whether punitive damages are on the table depends on the facts and the controlling law for the particular claim. Reach out to the TBI personal injury attorneys at Rightful Legal Today.
Special Challenges in Mild TBI and “Invisible Injury” Cases
Mild TBI cases can be some of the hardest and most important. A person may keep working because they have no choice, but performance collapses. A student may push through classes and then crash at home. A parent may appear “fine” and yet cannot tolerate noise, multitasking, or busy environments.
These cases often require a clear narrative that is supported by medical care and real-world detail. That can include work records, performance evaluations, academic accommodations, family observations, and a consistent course of treatment. Neuropsychological testing may be appropriate in some cases, but it is not required in every claim. What matters is that the evidence matches the lived experience.
How Rightful Legal Approaches Traumatic Brain Injury Claims
Rightful Legal is led by attorney Tracy Paulsen, a fierce advocate for those suffering with traumatic brain injuries. She has personally seen what such an injury can do to a family, and in devastating cases, leave a once vibrant person forever altered.
Attorney Paulsen treats every case with the care and empathy it deserves. She advocates for those who can’t speak for themselves, to protect their rights and help them get fair compensation. All too often, no amount of money can ever compensate for the life long repercussions of a brain injury.
In a TBI case, You need a team that does not yield and does not hear no. This are fact and evidence intensive cases as well. Preparation often includes collecting complete medical records, identifying the right treating providers to explain your symptoms, documenting the day-to-day functional changes, and presenting a damages picture that reflects both what you have already suffered and what you are likely to face in the future. The goal is not a quick result that leaves you exposed later. The goal is a recovery that accounts for the real cost of a brain injury, including the costs that can surface months or years after the incident.
Frequently Asked Questions About Traumatic Brain Injury Claims in Massachusetts
How much is a traumatic brain injury case worth in Massachusetts?
There is no fixed settlement amount for a Massachusetts traumatic brain injury case. The value depends on the severity of symptoms, medical treatment, lost income, and long term impact on daily life. Compensation may include medical expenses, lost wages, reduced earning capacity, pain and suffering, and emotional distress. For a case evaluation, contact Attorney Tracy Paulsen at Rightful Legal at 617-821-5856.
Can I sue for a concussion in Massachusetts?
Yes. A concussion caused by a car accident, slip and fall, workplace injury, or other negligence can support a Massachusetts personal injury lawsuit. The key issue is whether the concussion caused documented symptoms and functional limitations.
What is the deadline to file a traumatic brain injury lawsuit in Massachusetts?
In most cases, you have three years from the date of injury to file a Massachusetts personal injury lawsuit. Missing the deadline can permanently bar recovery. Speaking with a Massachusetts traumatic brain injury lawyer early helps protect your rights.
What if my CT scan or MRI was normal after a head injury?
Many concussions and mild traumatic brain injuries do not appear on standard imaging. A normal scan does not mean the injury is not real. Brain injury claims rely on consistent medical documentation and proof of cognitive or physical impairment.
Can I recover compensation if I was partly at fault?
Massachusetts follows modified comparative negligence. Your compensation is reduced by your percentage of fault, and if you are more than 50 percent at fault you cannot recover damages. Insurance companies often dispute fault in TBI cases, which makes early legal advice important.
Do I need a Massachusetts traumatic brain injury lawyer?
Brain injury cases are complex and frequently disputed because symptoms are often invisible. An experienced Massachusetts TBI attorney can help preserve evidence, document medical impact, and pursue full compensation. To discuss your case, call Tracy Paulsen at Rightful Legal at 617-821-5856.
What damages are available in a Massachusetts brain injury lawsuit?
A Massachusetts traumatic brain injury claim may include compensation for hospital care, specialist treatment, therapy, lost wages, reduced earning capacity, pain and suffering, and emotional distress. Severe cases may also involve long term care costs.
Talk With a Rightful Legal Massachusetts Injury Lawyer About a TBI Claim Today
If you or a loved one suffered a traumatic brain injury in Massachusetts, it is worth getting legal advice early, while evidence is still available and while the medical picture is developing. TBIs can be expensive, complicated, and deeply personal. The insurance process can feel like it was designed to wear you down, especially when symptoms make paperwork, phone calls, and decision-making harder than they used to be.
Rightful Legal can help you understand your options, evaluate liability, and pursue compensation that reflects the full impact of a brain injury, not just the first few weeks after an accident.
If you or a loved one is struggling after a concussion or traumatic brain injury, Contact Attorney Tracy Paulsen at Rightful Legal at 617-821-5856 for a confidential consultation about your Massachusetts TBI claim.
