Dorchester Traumatic Brain Injury Lawyer
Particularly common in car accidents, slips and falls, and sports-related impacts, traumatic brain injuries (TBI’s) should be taken seriously, as signs of serious damage may not always be immediately apparent.
If you suffered severe head trauma due to someone else’s negligent conduct, you may have grounds for a civil suit that a qualified catastrophic injury attorney could work with you to pursue. Talking to a Dorchester traumatic brain injury lawyer could help you better understand your options and take more effective action to protect your rights and preserve your financial future.
What is a Traumatic Brain Injury?
One of the most troubling aspects of traumatic brain injuries is how difficult they can sometimes be for even medical professionals to specifically diagnose. Symptoms can vary wildly depending on the location, severity, and type of impact, and in some cases there may be few short-term symptoms or none at all for even severe TBIs.
Common signs of mild TBIs may include:
- Changes in sleeping patterns
- Memory and speech problems
- Mood swings
- Sensitivity to light and sound
- Momentary loss of consciousness
More serious TBIs may be characterized by:
- Prolonged headaches
- Significant mood changes
- Loss of consciousness for several minutes or hours
Anyone who experiences any of these symptoms following an accident should seek medical attention as soon as possible. Following that, it may be a good idea to talk to a Dorchester traumatic brain injury attorney about pursuing compensation for medical bills, lost wages, pain and suffering, and other losses from the person or entity responsible for the incident that caused the TBI.
Proving Civil Liability in Dorchester
Unfortunately, holding another person liable for damages in the wake of an accident can be difficult under even the best circumstances, and especially when an accident results in traumatic brain damage. An experienced lawyer who is familiar with cases based on TBIs in Dorchester could be a vital source of information and guidance when seeking to recover compensation for all damages related to this unique kind of harm.
There are four specific criteria that must be met in order to prove negligence, which is the legal basis for nearly all personal injury cases. To hold another person liable for a TBI, the injury victim and their legal counsel must demonstrate the following:
- The defendant owed a duty of reasonable care to the plaintiff
- The defendant violated—or breached—their duty of care by acting carelessly or recklessly
- The defendant’s breach of their duty of care led directly—or proximately—to the plaintiff’s injury
- The plaintiff suffered compensable losses as a direct result of their injury
Modified Comparative Fault
Massachusetts also enforces a modified comparative fault system that limits a plaintiff’s recovery based on the degree to which they are personally responsible for their injury. Any plaintiff found partially liable for their injury may have their total damage award reduced by the percentage of fault they are found to bear, and any plaintiff found 51 percent or more responsible for their injury may be barred from recovery entirely.
Seek Professional Help from a Dorchester Traumatic Brain Injury Attorney
The last thing you should have to deal with following a serious head injury is the complicated legal system, but failure to file suit in a timely fashion may leave you facing crippling debt and loss of opportunities with no recourse from the party actually responsible for your damages. Fortunately, there is help available, and it is just a phone call away.
Hiring a Dorchester traumatic brain injury lawyer could be the first key step towards a brighter future following a severe TBI. Call today to schedule a consultation.