A traumatic brain injury (TBI) is among the most serious injuries a person can suffer — and among the easiest for an insurance company to underestimate. There may be no cast, no visible wound, yet the victim’s life is changed: memory problems, mood changes, headaches, and the inability to work or enjoy life as before.
If you or a family member suffered a brain injury in a Brockton-area crash, fall, or act of violence, this guide explains how Massachusetts law treats these claims and how to build a winning case.
How TBIs Happen
A TBI occurs when a sudden blow or jolt disrupts normal brain function. Common causes in our cases include:
- Car, truck, and rideshare crashes — the head strikes a window, steering wheel, or is whipped by the impact.
- Falls and premises liability — slip-and-falls, unsafe stairs, and unmarked hazards.
- Pedestrian and bicycle strikes by vehicles.
- Assaults and unsafe security at bars, apartments, and venues.
Why TBIs Are Hard to Prove
Insurers often argue a TBI is “just a concussion” that resolved, or that symptoms are exaggerated. Because a brain injury rarely shows on a standard X-ray, defense lawyers exploit the gap between how the victim feels and what the films show. Beating that argument requires evidence:
- Objective imaging — CT, MRI, and especially advanced testing (SPECT, DTI) when warranted.
- Neuropsychological testing documenting cognitive deficits.
- Treating physician testimony linking the injury to the event.
- Day-in-the-life evidence — testimony from family, employers, and friends about real-world changes.
Proving Causation and Future Harm
To recover, your lawyer must connect the injury to the defendant’s negligence and show its future cost. TBIs are often progressive or permanent; a settlement must account for decades of care, not just today’s bills. We work with life-care planners and vocational experts to project medical treatment, therapy, lost earning capacity, and home-care needs.
Types of Brain Injuries
- Concussion (mild TBI) — often dismissed, but repeated or severe concussions cause lasting deficits.
- Contusion — bleeding on the brain requiring monitoring or surgery.
- Diffuse axonal injury — shearing of nerve fibers from rapid movement; frequently invisible on CT.
- Penetrating injury — from violent assaults or debris.
Comparative Negligence Warning
Massachusetts is a modified comparative negligence state (G.L. c. 231, § 85). If an insurer argues you were more than 50% at fault, you recover nothing; below that, your award is reduced by your share. Defendants routinely claim the victim “wasn’t wearing a seatbelt” or “wasn’t watching.” Strong evidence and investigation answer those tactics.
A Brockton Example
A cyclist struck at a Brockton intersection may “walk away” with a headache that becomes months of debilitating migraines and lost work. The insurer offers a few thousand for the ER visit. A proper TBI case instead documents the neuropsych testing, the lost promotion, and the years of therapy — and that evidence is what changes the value.
The Three-Year Deadline
Most TBI claims must be filed within three years of the injury. For children, the clock can be tolled until they turn eighteen in some circumstances — but waiting risks lost evidence, so early action is best.
Why a Local Brockton Injury Lawyer Matters
A brain-injury case lives or dies on experts and documentation. A lawyer who knows Plymouth County courts and Massachusetts personal injury law can assemble the medical team and push back on lowball tactics. At Shea Culgin Law, we protect Brockton workers and fight for Plymouth County injury victims — and you pay nothing unless we win.
If the TBI happened on the job, a workers’ compensation claim may run alongside the third-party injury case. We handle both.
Frequently Asked Questions
The CT scan was “normal” — do I still have a case?
Often yes. Many serious TBIs don’t appear on standard imaging; neuropsych testing and specialist testimony can establish the injury.
How much is a brain injury claim worth?
Far more than a simple soft-tissue claim when future care, lost earning capacity, and cognitive harm are documented. Values rise sharply with permanent deficits.
Will I need to go to court?
Many resolve by negotiation once the medical proof is complete; we prepare as if trial is coming.
Can a family member bring the claim if I can’t?
Yes. A spouse, parent, or guardian can pursue the claim on behalf of an injured person who cannot act for themselves.
Documenting the “Invisible” Injury for Insurance Adjusters
Adjusters are trained to close TBI claims quickly and cheaply. The single best protection is a paper trail started at day one: the ER record noting loss of consciousness, the follow-up with a neurologist, a neuropsychological evaluation, and a journal of daily symptoms kept by the family. We compile these into a coherent story that an adjuster — and a jury — cannot dismiss as “subjective.” In Brockton cases, we also pull the crash data from the vehicle’s event recorder when a car or rideshare is involved, because the forces recorded there corroborate the brain trauma.
Returning to Work After a Brain Injury
One of the most contested parts of a TBI claim is lost earning capacity. A person who was a warehouse supervisor in Brockton may, after a brain injury, be unable to manage schedules, tolerate noise, or stay focused for a full shift. We document that gap with vocational testing and employer testimony, and we quantify not just lost wages but lost promotions and benefits over a working lifetime. For clients who can return part-time, we account for reduced hours and the cost of job coaching. This is where a TBI claim’s value is truly built — in the future, not just the past medical bills.
Free Consultation
Suffered a brain injury in Brockton or Plymouth County? Contact Shea Culgin Law for a free, no-obligation consultation. No fee unless we win.