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Injuries to the Head and Brain

Injuries to a person’s head or brain are among the most serious of all types of injuries. When the injury to the head or brain is the result of someone else’s negligence, the victim or family of the victim may have the opportunity to be made whole again with the help a law firm with the experience in handling head and brain injury cases.

A traumatic brain injury (“TBI”) is particularly severe. The causes of these vary, but they may be the result of a fall, motor vehicle accident, or an attack. Injuries to the brain may have mild or severe symptoms, but the level of severity of the symptoms does not necessarily indicate the level of severity of the injury. For example, following a car accident, someone with a brain injury might have a mild headache that diminishes after an hour or two. On the surface, the victim with the headache might believe that he or she is not badly injured, in part because the symptoms may not seem severe enough to reveal the underlying truth. The real problem, however, is that the brain may have been severely injured--left untreated, the victim’s condition may deteriorate. The injury could become even more severe should the victim receive even a minor blow to the head following the car accident.

Consider the following scenario: Jack works for a construction company. On his day off from work, he drove home late one night after a fun night out with his friends. When he was with his friends, he had two beers, but by the time he started driving, Jack’s blood alcohol level was well below the legal limit. Suddenly, while driving on the highway, a car swerved and hit Jack. Fortunately, he walked away from the accident with what appeared to be a simple headache and a broken car mirror—but unbeknownst to him, Jack actually suffered a traumatic brain injury. He did not know that he was injured because he did not have obvious symptoms, so he did not seek medical attention.

A few days later at work on a construction-like property, Jack was teaching a young apprentice how to operate a nail gun. When Jack pulled the dual-action contact-trip trigger, the tool backfired and dispensed a nail into Jack’s head. He was taken to the emergency room and diagnosed with a traumatic brain injury, made especially severe because of the car accident that he had encountered before. The physician at the hospital stated that if Jack had not injured himself with the nail gun, then he might not have been diagnosed with the TBI from the motor vehicle accident, as its symptoms were not obvious and apparent to Jack following the motor vehicle accident.

Jack eventually recovered from his injury, but not without extensive medical bills and missed work. Because of his severe medical treatment and missed work, Jack’s family life has suffered. He wants to know if he has a legal case to recover damages for his TBI against the driver in the car accident, his employer, or the manufacturer of the nail gun.

Jack’s claims are governed by Massachusetts negligence law. Because of the complexity of the brain, injuries to the head may be difficult to analyze. Damages may include medical costs, loss of earning capacity, loss of consortium for a member of the victim’s family, and more. The victim (in this case, Jack) must prove that he was directly and proximately injured by the driver, his employer, or the gun manufacturer. In order to prevail, Jack must establish that any of those defendants breached a legal duty that was owed to him. If Jack can prove that his brain injury was directly caused by the car accident, then he may be able to prevail against the driver. Jack may also prevail in a worker’s compensation claim against his employer and a products liability action against the manufacturer of the gun.

Brain injuries are complex. The victim of a head or brain injury must find a prudent and competent personal injury attorney. Cases involving the head and brain are as intricate as the brain itself. If you have any questions about brain injury matters, personal injury law, tort law, damages, or other legal incidents, please contact our offices. You may schedule a free consultation with an experienced professional today. Call 978-225-9030 during business hours or complete a contact form online.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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