MA Brain Injury Laws

Compassionate, resourceful brain injury attorneys in Massachusetts

Every year in the United States: 

• One million Americans are treated and released from hospital emergency departments as a result of traumatic brain injury (TBI)
• 230,000 people are hospitalized and survive
• 80,000 people are estimated to be discharged from the hospital with some TBI-related disability
• 50,000 people die from TBI

An estimated 5.3 million Americans are living today with disability related to traumatic brain injury.

Most studies indicate that males are far more likely to incur a TBI than females.

The highest rate of injury occurs in between the ages of 15-24 years. People under the age of five or over the age of 75 are also at higher risk.

Nationwide, a brain injury occurs every 23 seconds. Brain injury is the leading cause of death and disability for people between the ages of 15 and 24. The Centers for Disease Control report that 5.3 million Americans are living with disabilities as a result of traumatic brain injury (TBI)—head injuries caused by external events, such as falls or accidents. Acquired brain injuries (ABI)—caused by internal medical events such as stroke, disease or poisoning—also are occurring at a staggering rate; more than 700,000 Americans suffer new or recurrent strokes every year.

According to a report issued in 2006 by the Massachusetts Department of Public Health, 37,298 individuals in Massachusetts sought emergency room treatment for traumatic brain injuries. In fiscal year 2004, there were 4,994 inpatient hospitalizations associated with non-fatal traumatic brain injuries. Approximately 1,750 individuals—more than 35 percent of those hospitalized—were discharged to a nursing or rehabilitation facility. Today, there are over 8,200 people with both acquired and traumatic brain injury segregated in nursing facilities in Massachusetts.

Individuals who survive serious brain injuries are likely to need hospitalization and intensive rehabilitation during the initial phase of their care and treatment. Subsequently, many individuals can reside in more integrated community settings with appropriate supports. People recovering from brain injuries may require some level of assistance with personal care and activities of daily living; ongoing speech, occupational, and physical therapies; medical and nursing services; vocational training or day rehabilitation programs; durable medical equipment; transportation; and integrated social and recreational activities. Many also require accessible living arrangements.

You need an accident lawyer who knows TBI

At Baker & Abraham, P.C., we understand that the whole family suffers when one member has a brain injury. Depression and exhaustion set in. Completing even simple tasks such as laundry becomes monumental.

A skilled, knowledgeable brain injury lawyer in MA can make all the difference in obtaining the best results for traumatic brain injury (TBI) victims and their families.

The Baker & Abraham, P.C.  TBI attorneys in MA have represented countless brain injury clients in the last 15 years.  We spend hours studying medical literature, consulting with experts, and traveling to brain injury conferences to ensure that we keep ourselves abreast in the field.

TBI is often not diagnosed immediately after an accident or traumatic event. One medical study found that 56 percent of mild TBIs were not diagnosed in the emergency room.  In fact, mild TBI is often diagnosed as merely whiplash. Other times, there is no diagnosis at all, leading others to believe there is nothing wrong with the brain injury victim.

Symptoms of post-concussive syndrome include—

As these symptoms linger, the diagnosis can change to TBI if experienced healthcare professionals are involved. Therefore, it is critically important that a brain injury victim be treated by experienced TBI doctors.

Each year, roughly one in every 500 people is diagnosed with TBI

To complicate matters, TBI victims often do not appear injured and approximately 85 percent have normal CT scans and brain MRIs. This is because TBI generally results in neither dead brain cells, nor pools of blood on the brain, called hematomas. Rather, the nerve endings of the cells are disrupted, resulting in a cell that looks healthy, but its “wire” has been cut. It is unable to transmit and receive messages properly.  This is called diffuse axonal injury (DAI).

Once TBI is suspected, it is important to have neuropsychological testing. Full neuropsychological testing (otherwise known as IQ testing) reveals specific areas of deficit and serves as a strong diagnostic tool for TBI. Further, advances in imaging have allowed us to see further inside the brain structure and to measure its function. It is critical for any attorney representing a brain injury victim to be familiar with the latest technology in diagnosing a brain injury.

About ten percent of TBI cases are classified as severe. But even mild TBI is anything but mild for the victims who suffer symptoms severe enough to disrupt memory, mood, and basic cognitive functioning.

Staunch advocates for brain injury victims

At Baker & Abraham, we have extensive experience in dealing with brain injury victims. Our case results show a proven track record with brain-injured clients—our top three verdicts and settlements, and six out of ten of our most important cases involved brain injuries.

Baker & Abraham has professional relationships with top neurologists, physiatrists, neuropsychologists, speech and language pathologists, and other healthcare professionals who deal primarily with brain injuries.

We understand neuropsychological testing and how a defense neuropsychologist can manipulate testing to make the victim appear less injured. In a construction case with a brain injury component, Attorney Abraham confronted the insurance neuropsychologist and forced him to admit that he made mistakes in his testing that gave an inaccurate result. Only with an intimate understanding of brain injury and neuropsychological testing can a lawyer get a professional neuropsychologist to admit a mistake in his own field.

We represent clients who have suffered brain injuries as the result of:

See our frequently asked questions about brain injuries

We change our clients’ lives

To see the difference two exceptional MA head injury lawyers can make in your case, contact Baker & Abraham in Boston for a free initial consultation. If we take your case, you will pay nothing unless we recover compensation for you.

Serving all of Massachusetts, including—