Massachusetts Brain Injury Lawyer | Kiley Law Group, LLC (2024)

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In the high stakes game of personal injury law, Boston Attorney Thomas Kiley is known as The Million-Dollar Man. ~ Boston Herald

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A motorcyclist who suffered significant cognitive deficits due to the traumatic brain injury from the accident and is unlikely to make a full recovery over time.


An injured motorcyclist whose leg was severely injured in a motorcycle collision with a truck.


An injured motorcyclist who sustained fractures in his leg, hand, and face in a motorcycle accident with a negligent driver.





Top Brain Injury Representation at Kiley Law Group

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Our brain is considered perhaps to be the most important organ in the human body. It is essentially what makes us human. Every action and reaction is controlled by the brain, which also gives us the ability to think, feel and have memories. When you experience an injury to your head that affects your brain, it can be life altering as the injured struggle with physical, cognitive, emotional, communicative, and psychological impairments. Brain injuries are the most dangerous type of injury a human can sustain and many require extensive rehabilitation at a very high cost to the victim and his or her family, both emotionally and financially.

Common Types of Brain Injuries

Traumatic brain injuries (TBI) occur as a result of physical trauma to the head that disrupts the normal function of the brain. It is clear that a traumatic brain injury has occurred when there has been an impact to the head and the victim has a fractured skull, a bleed on the brain, or is in a coma. Some brain injuries are not as obvious and are considered mild brain injuries. These should, however, still be taken very seriously and treated just as if it were a TBI. Ten to fifteen percent of victims who suffer mild brain injuries report that a year after the incident, they continue to suffer from headache, dizziness and neck pain, and symptoms often worsen over time if they are untreated. So many brain injuries occur on the road as a result of a negligent driver in auto, motorcycle, and truck collisions adversely affecting physical, cognitive, and emotional abilities of the victim.

Acquired brain injuries (ABI) do not involve trauma from an outside force, but can be the result of strokes, infections, hypoxia, and medical errors. These are very serious injuries and have a likelihood of leaving permanent disabilities that require ongoing treatment and therapy. Many of these brain injuries are the result of the negligence, wrongdoing, or inaction of another.

The Massachusetts brain injury attorneys at the Kiley Law Group understand the far-reaching effects of brain injuries. In more than 40 years of service, our lawyers have helped numerous brain injury victims and their families recover the financial peace of mind they need to cope with the long-term impacts of these life-altering injuries. If you or a loved one suffered a brain injury due to another’s recklessness, please call us today at 888-979-9323 for a free consultation and to learn how we can help you.

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If You or a Loved One Has Suffered a Brain Injury, Contact Tom Kiley and His Team of Personal Injury Attorneys to Review Your Case.

About 1.7 million Americans sustain a traumatic brain injury each year, while over 70,000 result in long-term disability. Over 40% of these injuries are due to fall, 15% from motor vehicle incidents, and another 15% of brain injuries are caused by victims being struck by or against an object. The average lifetime cost of a traumatic brain injury is $3 million dollars. When an injury of this nature takes place and it is the result of the negligence, wrongdoing, or inaction of another, seeking counsel from an experienced attorney is necessary to recover compensation for the victim to receive the physical, emotional, and financial assistance required to make the fullest possible recovery. Tom Kiley and the attorneys at Kiley Law Group have been proudly and successfully representing Massachusetts and New Hampshire families for generations. Let our family fight for yours. Contact our offices today at 888-979-9323 to discuss your case, or fill out our online contact form, and we will call you back soon.


Brain Injuries Overview

Causes of Brain Injuries
Brain Injury Symptoms
Compensation in Brain Injury Cases

What to Do After an Accident

In the moments after a car wreck, slip-and-fall accident, or workplace incident, you will probably be dazed and confused. On the other hand, you may feel okay and relieved that you’re coming away unscathed. However, not all brain injuries cause symptoms immediately. That’s the problem.

Seek medical help

For example, a concussion may cause one person to black out temporarily while someone else might feel fine. After an accident, adrenaline starts pumping through your body, which can mask the pain of injuries. So the takeaway is that, however you feel, you should make sure to seek prompt medical attention.

Gather evidence

If your injury occurs in a car accident, wait for the police to arrive and give them your version of events. Obtain the other drivers’ contact information and that of any witnesses on hand.

If you’re injured in a public place, speak with the management on hand. They are responsible for making a report, which you will need when you make a claim. Additionally, try to take photographs and gather contact details of witnesses.

Talk to an attorney

It’s a good idea to take this step even before speaking with the insurance company. Your attorney can advise you on the best way to proceed and handle discussions and negotiations on your behalf, allowing you to focus on your recovery.

How a Brain Injury Lawyer Can Help

Brain injury lawyers understand how complex these cases are and the impact they have on families. If our brain injury lawyers agree to take on your case, we will use all resources we have available to fight for your rights.

We can:

  • Investigate the accident
  • Gather evidence to build a strong case
  • Interview eyewitnesses
  • Call on expert witnesses
  • Analyze medical reports to understand the long-term impact of your injuries
  • Calculate damages regarding the full, long-term impact of your condition

Pursuing compensation for brain injuries

Usually, the more severe your brain injury is, the more compensation you will receive. Although a brain injury lawyer may be able to give you a ballpark figure at the outset, there are no guarantees, as every case is unique.

Economic damages

In most cases, you can pursue compensation for:

  • Medical expenses
  • Lost earnings
  • Future medical treatments
  • Loss of earning opportunities

Non-economic damages

If your injuries are severe, you may also be entitled to non-economic damages such as:

  • Pain and suffering
  • Loss of enjoyment of family life
  • Loss of consortium

Negotiating a fair settlement

Our brain injury attorneys will then negotiate with the insurance companies to achieve a fair settlement for your injuries. We will be ready to fight your case in court if we cannot achieve this at the negotiating table.

Types of Brain Injury Cases

Anoxic Brain Injuries
Cerebral Contusions
Child Brain Injuries
Coup-Contrecoup Brain Injuries
Diffuse Axonal Brain Injuries
Epidural and Subdural Hematomas
Hypoxic Brain Injuries
Locked-In Syndrome
Post-Concussion Syndrome
Subarachnoid Hemorrhage
Traumatic Brain Injuries (TBI)

Causes of Brain Injuries

Most brain injuries are the result of a traumatic force that jars the brain. Personal injury lawsuits related to brain injuries commonly stem from circ*mstances that include:

Car accidents
Motorcycle accidents
Semi-truckand commercial vehicle accidents
Slip-and-fall accidents
Birth injuries caused bymedical negligence

Brain injuries may also be caused by near-drowning events in which the brain receives inadequate oxygen (hypoxia), or by carelessly violent actions such as shaking an infant (shaken baby syndrome).

How Brain Injuries Occur


Falls are particularly dangerous for children and older adults. Figures from the CDC show that in 2020, some 36,000 people aged 65 and older died as a result of falls. Medical conditions, frailty, and medication side effects all put older people at a higher risk of falling and suffering TBIs.

Studies have linked moderate and severe TBIs with a greater risk of cognitive decline or dementia. People of any age who suffer severe TBIs may need ongoing rehabilitation and care.

Slip-and-fall accidents can happen anywhere, and often they are no one’s fault. However, if someone’s negligence or actions caused your fall, you have a right to seek damages. For example, you may have a claim if a store owner failed to follow local ordinances on snow and ice clearance or to protect customers from a spill.

The costs for medical treatments after a fall will soon add up, and you may struggle to earn a living while you recover. Don’t worry over your rights – you can talk to one of Kiley Law Group’s compassionate yet tenacious brain injury lawyers who have experience in these types of cases.

Motor vehicle accidents

Car accidents often result in concussion – a condition caused by your brain colliding with the sides of your skull. The sudden, violent force of a truck, car, or motorcycle accident can cause bruising and bleeding in the brain.

Although most people make a full recovery, the Mayo Clinic reports that 15 to 20 percent of people have difficulties for more than 3 weeks, including:

  • Headaches
  • Dizziness
  • Thinking difficulties

When these issues persist for more than 3 months, they are called persistent post-concussive symptoms. This condition and others resulting from car accidents can seriously impact your ability to earn a living and may require ongoing medical treatment. If you or a loved one has been enduring these traumatic aftereffects of a car crash, it’s time to speak to a qualified brain injury attorney.

At work

Working in construction and related industries can put you at a higher risk for brain injuries, as you are more likely to be struck by falling objects or falling from elevation at work. The CDC notes that the construction industry has the highest rates of fatal and non-fatal workplace TBIs in the country.

Workers’ compensation insurance may cover your medical expenses and some lost wages, but it may not be adequate for your overall losses. This can be a challenging area of law, as workplace accident victims may have limited legal options for pursuing additional compensation.

However, there’s no need to immediately conclude that you don’t have a claim. An experienced brain injury attorney will be happy to review your case and advise you on any potential routes to compensation.

The long-term impact of brain injuries

A moderate or severe TBI can be life-changing, not just for the victim but for his or her family as well. It can change how the person interacts with loved ones, helps around the home, and financially supports the family.

The long-term picture for people with these kinds of TBI is mixed, with the CDC reporting the following:

  • 30 percent become worse
  • 22 percent stay the same
  • 26 percent improve
  • 22 percent pass away

If a TBI has tragically left your loved one incapacitated, you may be able to pursue compensation on his or her behalf. Massachusetts law allows a legal guardian to be appointed to care for and make decisions for the incapacitated person. This may allow you to pursue compensation for the injuries he or she has suffered.

Brain Injury Symptoms

Symptoms of brain injuries vary widely depending on the type and severity of the injury. Indicators of a brain injury may include, but are not limited to:

Blurred vision
Ringing in the earsIn
creased sensitivity to light, sound and smell
Memory loss
Difficulty concentrating
Dilation of one or both pupils
Nausea or vomiting

People suffering from brain injuries may also experience changes in mood or behavior.

Anoxic Brain Injuries

If your newborn suffered a birth injury ordeaththat may have been due to the negligence of a caregiver, it’s not only important to contact an attorney, it’s critical to work with a law firm that has a track record of success in birth injury cases. The Kiley Law Group has extensive experience in birth injury claims, and we understand the physical, emotional and financial impacts a birth injury can have on a child and his or family in the short-term and over the course of a lifetime.

If you’re confronted with the terrifying reality of a birth injury, you don’t have to face the burden alone. After you’ve ensured the safety of your ones, call one of our Massachusetts locations at 888-979-9323 or contact us online. We can walk you through what documentation to save and what steps to take next, and we can arrange to meet you in person, even at the hospital. Our attorneys are here to help you move past this difficult time and recover the peace of mind you need to begin a new chapter in your life.

Cerebral Contusions

A cerebral contusion is bruising of a person’s brain tissue. Depending on the location of a cerebral contusion, the injury may result in vision loss, impaired cognitive functions, and loss of motor skills. The effects of a cerebral contusion may be temporary or permanent.

Cerebral contusions, like other brain injuries, are often the result of an impactful force, such as that of a traffic collision. If you or a loved one sustained a brain injury due to another’s negligence, please contact the attorneys at the Kiley Law Group for a free, no-obligation consultation. Our firm has more than 40 years of experience fighting for injury victims, including those who have suffered brain injuries.

Child Brain Injuries

Children in general are susceptible to brain injuries as their brains and skulls develop. But they are especially vulnerable during childbirth when a moment of medical carelessness can cause lasting effects. Child Birth injuries that damage the brain can have lifelong impacts and result in a wide range of problems including Erb’s palsy, Cerebral palsy, hypoxic ischemic encephalopathy (in which the newborn’s brain is deprived of oxygen), and cranial hematomas (blood accumulation on the brain).

The Kiley Law Group has extensive experience in brain injury and birth injury cases. We understand the long-term impacts of these types of injuries on children and their families. If your child suffered a brain injury due to another’s negligence, please contact us today for your free consultation.


Concussions are the most common type of brain injuries, and they occur when brain’s soft tissue is jarred as a result of impact, such as hitting the head during a slip-and-fall accident or striking the head in a motor vehicle accident. While some concussions are relatively mild and allow for full recovery with proper care, other concussions can have costly, lasting effects.

The attorneys at the Kiley Law Group understand the costs associated with treating and recovering from concussions and other brain injuries, and we’re here to help you pursue the financial security you need to restore your life. Please contact aMassachusetts personal injury lawyer for a free consultation if you or a loved one suffered a concussion caused by another’s negligence.

Coup-Contrecoup Brain Injuries

Coup and contrecoup brain injuries occur when the head strikes an object resulting in localized harm to the brain. Coup injuries are those that occur at the site of impact, while contrecoup injuries occur on the side of the brain opposite the impact point. Coup-contrecoup brain injuries can cause cerebral contusions (brain bruising), hematomas (blood pooling on the brain) and cerebral swelling.

Coup-contrecoup injuries are often associated with motor vehicle accidents, falls and shaken baby syndrome. The Kiley Law Group has a winning record in brain injury cases, and our attorneys are here to help you through this difficult time. Please contact us today for your free consultation with a knowledgeable lawyer if you or a loved one suffered a brain injury due to another’s carelessness.

Diffuse Axonal Brain Injuries

Diffuse axonal injuries are common traumatic brain injuries that occur when the head rapidly accelerates or decelerates, with the brain moving faster than the skull. This damages the axons, which send neural signals within the brain, impairing the brain’s ability to communicate.

Diffuse axonal brain injuries often result in coma and a permanent vegetative state. Even those who regain consciousness typically suffer from severe, lifetime impairments. If a loved one suffered a TBI such as a diffuse axonal injury as a result of another person’s negligence, the attorneys at the Kiley Law Group are here to help you recover the financial security you and your family need to move forward.

Epidural and Subdural Hematomas

A hematoma is a swelling of collected blood that has leaked outside of a blood vessel, artery, vein or capillary due to damage. When it comes to brain injury hematomas, they are generally categorized as epidural (also known as extradural, in which the hematoma occurs between the membrane known as the dura mater and the skull) or subdural (also known as acute, in which the hematoma occurs between the brain and the dura mater)

.Brain hematomas can be life-threatening, and they are a relatively common byproduct of high-impact motor vehicle collisions and falls. Even when victims survive, they face a long road to recovery, and many will have to live with permanent impairments. If you or a family member sustained a brain injury due to the negligence of another, please contact the Kiley Law Group today for a free consultation.

Hypoxic Brain Injuries

Hypoxic brain injuries are caused by lack of oxygen (hypoxia) to the brain. Depending on the duration of oxygen loss, these injuries may be temporary or incur permanent damage. Personal injury cases related to hypoxic brain injuries are often associated with birth injuries or other forms of medical negligence, as well as near-drowning incidents.

Any situation that reduces the flow of oxygen to the brain can result in hypoxic brain injuries, and these injuries can also be sustained as a result of a motor vehicle accident or use of a defective product that disrupts the oxygen flow to the brain. The Kiley Law Group is dedicated to helping brain injury victims and their families recover the financial security they need to cope with the physical, mental and financial burdens of brain injuries; please contact us today for a free consultation if you or a family member suffered a brain injury due to another’s negligence.

Locked-In Syndrome

Concussions are often thought of as “mild” brain injuries. While many people are able to fully recover from concussions with timely medical treatment, others suffer from post-concussion syndrome, which can last for months after the incident that caused the concussion. Post-concussion syndrome is often characterized by lingering headaches, dizziness, insomnia, sensitivity to light and noise, mood swings, and impaired cognitive skills.

Post-concussion syndrome may require costly, additional treatment after the initial emergency care. The Kiley Law Group has more than four decades of experience representing injury victims, including those who suffered brain injuries. Please contact us today for a free consultation if you or a family member suffered a brain injury due to the carelessness of another.

Subarachnoid Hemorrhage

A subarachnoid hemorrhage is bleeding that occurs in the space between the brain and the tissue that covers the brain (the arachnoid membrane). A subarachnoid hemorrhage may be the result of a blow to the head or other violent impact, such as that sustained in a motor vehicle collision.

Subarachnoid hemorrhages can lead to permanent brain damage or death without timely treatment. Unlike some other brain injuries, which are characterized by multiple symptoms, the primary indicator of a subarachnoid hemorrhage is the sudden onset of severe headaches. The Kiley Law Group has extensive experience in brain injury cases, and we’re here to help you if you or a family member suffered a brain injury due to another’s negligence.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries are those caused by an external force, typically a violent impact to the head. Frequently associated with sports accidents, TBIs are also relatively common in collisions involving motorcycles or heavy trucks like tractor-trailers. TBIs can be fatal, and even instances in which emergency medical treatment proves life-saving, TBI victims can be faced with long-term impairments. If you or a family member suffered a TBI due to another’s carelessness, it’s advisable to discuss your situation with an attorney who understands the far-reaching physical and financial impacts of brain injuries to ensure you’re able to recover fair compensation. The Kiley Law Group has more than four decades of experience protecting the rights of injury victims, including those who suffered traumatic brain injuries. Please contact us today for a free consultation to learn how we can help you.

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Massachusetts Brain Injury Lawyer | Kiley Law Group, LLC (2024)
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