Suffering a head injury after a car accident in Massachusetts can be a life-altering experience, leaving victims with physical pain, emotional distress, and significant financial burdens. Head injuries, ranging from mild concussions to severe traumatic brain injuries (TBI), can disrupt daily life and lead to long-term complications, including memory loss, difficulty concentrating, or even permanent disability. According to the CDC, approximately 2.5 million Americans experience TBIs annually, with many stemming from car accidents. In Massachusetts, where bustling highways and dense traffic increase the risk of accidents, understanding your rights after sustaining a head injury is important for securing the compensation you deserve.

While focused on recovery filing a personal injury claim for a head injury can seem overwhelming. However, Massachusetts law allows car accident victims to pursue financial compensation to cover medical expenses, lost wages, and other damages caused by someone else’s negligence. This article will guide you through the process of filing a claim, explaining key legal steps, evidence requirements, and how to navigate the state's comparative negligence rules. With the right information and support, you can protect your rights and take a step toward regaining stability after your accident.

What Is the Process for Filing a Personal Injury Claim for a Head Injury in Massachusetts?

Filing a personal injury claim for a head injury in Massachusetts involves several key steps to ensure you receive the compensation you deserve. If you've sustained a head injury, such as a concussion or traumatic brain injury (TBI), following a car accident, navigating the legal process can be complex. By following the steps below, you will protect your legal rights as well as begin the process of recovery.

1. Seek Medical Attention: Seek medical treatment immediately after the accident, even if your symptoms seem minor. Head injuries can worsen over time, and having medical documentation is essential for your claim.
2. Consult an Experienced Personal Injury Attorney: Engaging a skilled Massachusetts personal injury attorney early in the process can make a significant difference. They will guide you through the legal system, protect your rights, and help gather the evidence necessary to build a strong case.
3. Gather Evidence: Collecting evidence is key to proving your claim. This includes police reports, medical records, photos of the accident scene, witness statements, and any documentation of the other party's negligence.
4. File an Insurance Claim: Notify your insurance company and the at-fault party’s insurer about the accident. Be cautious when speaking to insurance adjusters and avoid providing recorded statements without consulting your attorney.
5. Prove Liability and Damages: To succeed in your claim, you must demonstrate that the other party’s negligence caused your head injury. Your attorney will work to establish liability and calculate damages, which can include medical expenses, lost wages, pain and suffering, and future medical care.
6. Negotiate a Settlement: Most personal injury claims are resolved through settlement negotiations. Your attorney will negotiate with the insurance company to secure fair compensation. If a reasonable settlement cannot be reached, the case may proceed to court.
7. File a Lawsuit if Necessary: If negotiations fail, your attorney may file a personal injury lawsuit within Massachusetts’ statute of limitations.

The process may seem complex and time-consuming, but with the right support, you can achieve the financial relief and justice you need to move forward.

The Most Common Types of Head Injuries Sustained After a Car Accident in MA

Head injuries are one of the most serious outcomes of car accidents, often leading to a wide range of physical, cognitive, and emotional challenges. The force of a collision can cause the brain to move suddenly within the skull or result in direct trauma, leading to injuries that vary in severity and long-term impact. These injuries may not always be immediately apparent, making it critical to seek prompt medical attention after an accident. Understanding the types of head injuries that commonly occur can help you recognize symptoms, seek appropriate care, and take necessary legal steps to secure compensation for your recovery.

• Concussions: Concussions are among the most frequent head injuries in car accidents, caused by a sudden jolt or blow to the head. They occur when the brain shakes inside the skull, leading to symptoms like headaches, dizziness, confusion, and memory loss. While mild concussions often resolve with rest, severe cases may result in long-term complications.
• Contusions: A contusion is a bruise on the brain tissue caused by a direct impact to the head. These injuries can vary in severity, with larger contusions potentially leading to swelling or increased pressure within the skull, requiring surgical intervention in severe cases.
• Traumatic Brain Injuries (TBI): TBIs range from mild (like concussions) to severe and are caused by significant force to the head or penetration of the skull. Symptoms can include cognitive impairments, motor function issues, mood changes, and, in extreme cases, permanent disability or coma.
• Skull Fractures: Skull fractures occur when the bones of the skull break due to the force of impact. Types include linear, depressed, and basilar fractures, which may be accompanied by complications such as bleeding, infection, or cerebrospinal fluid leakage.
• Diffuse Axonal Injuries (DAI): DAIs happen when the brain rapidly shifts inside the skull, causing tears in nerve tissue. These injuries are typically severe, leading to widespread brain damage that can affect motor skills, cognition, and consciousness.
• Hematomas: Hematomas refer to blood clots that form inside the skull due to ruptured blood vessels. Types include epidural, subdural, and intracerebral hematomas, each presenting unique risks such as increased intracranial pressure or brain damage.
• Penetrating Injuries: These occur when an object penetrates the skull and brain tissue, often resulting in significant trauma. Penetrating injuries may cause localized damage, infections, or long-term neurological deficits.

These injuries underscore the importance of seeking immediate medical attention after a car accident, even if symptoms seem minor. Timely diagnosis and treatment can prevent complications and improve outcomes.

What Evidence Is Needed to Support a Head Injury Claim After a Car Accident?

Building a strong head injury claim after a car accident requires gathering comprehensive evidence that proves the other party’s negligence, the extent of your injuries, and the resulting financial and emotional damages.

The following types of evidence are key in supporting your case:

1. Medical Records and Expert Testimony: Medical documentation is essential in demonstrating the nature and severity of your head injury. This includes emergency room reports, diagnostic tests like CT scans or MRIs, treatment records, and follow-up care. Testimony from medical professionals, such as neurologists, can provide insight into the long-term effects of your injury.
2. Accident Scene Evidence: Photographs and videos from the accident scene, including vehicle damage, skid marks, traffic signs, and road conditions, help establish the circumstances leading to the crash. These visuals can corroborate your account of events and show how the collision caused your head injury.
3. Witness Statements: Eyewitness accounts can support your version of the accident and confirm that the other party’s negligence contributed to the crash. Witnesses can also provide critical information about factors you might not have observed, such as the other driver’s behavior.
4. Police Reports: An official police report is a vital piece of evidence. It includes the officer’s observations, statements from involved parties, and any citations issued, which can help establish fault.
5. Proof of Financial Losses: To claim compensation for economic damages, you must provide proof of financial losses. This includes medical bills, receipts for related expenses, and documentation of lost wages or reduced earning capacity due to your injury.
6. Expert Opinions: In complex cases, accident reconstruction specialists and vocational experts may be used to analyze the collision or assess how the injury impacts your ability to work and maintain a normal lifestyle.
7. Personal Documentation: A personal injury journal detailing your symptoms, daily struggles, and emotional challenges can illustrate the non-economic damages, such as pain and suffering, caused by your head injury.

By compiling thorough evidence, you strengthen your claim and improve your chances of securing fair compensation. An experienced personal injury attorney can help you gather and present this evidence effectively, ensuring your case is as compelling as possible.

What Compensation Can I Receive for Head Injuries from a Car Accident in Massachusetts?

If you’ve suffered a head injury from a car accident in Massachusetts, you may be entitled to various types of compensation to help alleviate the financial and emotional burdens caused by your injury. The compensation you can pursue typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic damages are designed to cover measurable financial losses. These may include medical expenses such as emergency care, hospitalization, ongoing treatment, rehabilitation, and future medical costs related to your head injury. Additionally, you can seek compensation for lost wages if your injury has prevented you from working, as well as loss of earning capacity if your ability to work in the future has been permanently impacted.

Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, and diminished quality of life. Head injuries, particularly traumatic brain injuries (TBIs), can lead to long-term cognitive or emotional impairments, affecting your ability to enjoy everyday activities or maintain relationships. Massachusetts law recognizes these impacts and allows victims to seek fair compensation for them.

In rare cases, punitive damages may be awarded if the at-fault party's actions were especially reckless or egregious. While less common, these damages serve to punish the wrongdoer and deter similar behavior in the future.

Massachusetts’ comparative negligence laws may affect the compensation you receive. If you are partially at fault for the accident, your damages may be reduced by your percentage of fault. To maximize your compensation, it’s important to work with an experienced personal injury attorney who can help establish liability, calculate damages, and advocate for your rights.

How Long Do I Have to File a Head Injury Claim After a Car Accident in Massachusetts?

In Massachusetts, the statute of limitations for filing a personal injury claim, including head injury claims resulting from a car accident, is typically three years from the date of the accident. This means you must initiate legal action within this timeframe to preserve your right to seek compensation. However, certain exceptions, such as claims involving minors or cases where the injury wasn’t immediately apparent, may extend this deadline.

Brandon J. Broderick Fights for Car Accident Victims with Head Injuries, Providing Trusted Legal Support. Let Us Help You on Your Road to Recovery

A car accident can change your life in an instant, especially when it results in a serious head injury. You may be facing mounting medical bills, lost income, and the uncertainty of how to rebuild your life while dealing with the physical and emotional toll of your injury. At Brandon J. Broderick, Attorney at Law, we understand how overwhelming this time can feel, and we’re here to stand by your side every step of the way. You don’t have to navigate this alone; we are committed to helping you pursue the justice and compensation you deserve so you can focus on what truly matters: your recovery.

Contact us today for a free consultation—together, we’ll take the first step toward rebuilding your future.