Rhode Island
Brain Injury Lawyer

Traumatic brain injuries (TBIs) are particularly devastating because, in addition to causing permanent disabilities, they rob victims of their memories and individuality. The brain controls every physical and cognitive function. Consequently, brain injuries can cause every type of impairment. 

The Rhode Island brain injury attorneys at Marasco & Nesselbush, LLP have extensive experience representing traumatic brain injury victims whose lives have been forever changed by the negligence of others. 

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Our Commitment to Rhode Island
Brain Injury Survivors

Research by the Brain Injury Association of Rhode Island (BIARI) has revealed that a Rhode Island resident suffers a brain injury every hour. Traumatic brain injuries most often impact our youngest and most vulnerable citizens, including children under four, adolescents, young adults, and elderly adults over 75. We are committed to doing our part to prevent brain injuries and support those who have experienced them. 

Our Case Results

Below are examples of the results we have been able to achieve for our deserving clients:

Recovered
$4.5 million

for a client who suffered a traumatic brain injury in a car accident

Recovered
$3 million

for a family whose infant died from brain injuries due to medical malpractice

Secured
$305,000

for a bicyclist who suffered a closed-head brain injury when a negligent driver ran him off the road

Recovered
$358,750

for a bicyclist who suffered a TBI after being struck by a negligent driver

Recovered
$275,000

for a victim of a nightclub assault and fall that caused a TBI

Recovered
$150,000

for a client who fell outside a bar and suffered a TBI after being recklessly served alcohol

Community Involvement

Our commitment to traumatic brain injury survivors and others who are disadvantaged extends beyond our practice. We are proud supporters of charities throughout the state that benefit those less fortunate, including BIARI.

Marasco & Nesselbush was established in 1999. We have expanded to a staff of 14 personal injury attorneys with a combined 300 years of experience in multiple practice areas. We work tirelessly and skillfully on behalf of our clients because we care.

buildings in rhode island

What is a traumatic brain injury?

A traumatic brain injury is brain damage subsequent to a head injury. Blows or jolts to the head cause the brain to hit the skull, resulting in closed brain injuries. Open brain injuries occur when objects such as bullets or skull fragments penetrate the brain tissue.

The most common type of traumatic brain injury is a concussion, also called a mild TBI. Although classified as mild, concussions are potentially serious, especially if a second concussion occurs before the first one heals. Symptoms include the following:

  • Brief loss of consciousness (does not always occur)
  • A “dazed” feeling
  • Confusion lasting 24 hours or less

Longer periods of confusion or unconsciousness indicate moderate or severe traumatic brain injuries and require immediate medical treatment.

Common Causes of Brain Injuries in Rhode Island

Any accident that causes the skull to suffer a blow, bump, or jolt can cause a brain injury.

falls

Fall injuries account for 48 percent of TBIs statewide. People older than 65 and under 17 suffer the highest number of traumatic brain injuries from falls. 

struck-by and struck-against accidents

These accidents involve being struck by objects or running into stationary objects and occur most often in motor vehicles, sports and the workplace.  

motor vehicle collisions

Rhode Islanders experienced 308 serious injuries and 57 fatalities from automobile accidents in 2019. Traffic-related fatalities account for 14 percent of traumatic brain injuries statewide. Government and nonprofit organizations in the state, such as Rhode Island Bicycle Coalition, work to prevent brain injuries by offering pedestrians and cyclists educational programs about helmet safety and traffic laws. 

workplace hazards

Workers in the construction industry face the highest risks for concussions and other traumatic brain injuries. 

The majority of TBIs in construction result from the following: 

  • Falling from a height, such as a roof or a ladder 
  • Being struck by or striking against an object 
  • Being hit by a vehicle 
assault

Violence is the third leading cause of traumatic brain injury. Crime victims can receive compensation of up to $25,000 through the state Crime Victims’ Compensation Program. While this is a great start, it may fall short of covering ongoing medical bills.  

If you or your loved one has suffered a brain injury due to violence, our experienced personal injury lawyers can help you identify all liable parties so you can receive adequate compensation. 

medical malpractice

Medical malpractice causes nontraumatic brain injuries due to the deprivation of oxygen to the brain. These are known as hypoxic or anoxic brain injuries, and they can cause symptoms and effects that are as serious as traumatic brain injuries. 

Anoxic brain injuries most often occur in cases of birth injury, anesthesia and surgical errors, misdiagnosis, and failure to diagnose. 

sports

A study of 2,651 athletes revealed concussion risks in most active sports, with the largest number of occurrences in football and lacrosse players. In sports with programs for boys and girls, girls experienced double the risk.  

The Brain Injury Association of Rhode Island and the state of Rhode Island have worked extensively to prevent brain injuries through education and policy enactments. 

The School and Youth Programs Concussions Act requires schools to apply the following measures: 

  • Provide parents with a concussion information sheet and require signatures.  
  • Educate coaches and school nurses annually using materials provided by the CDC.  
  • Immediately remove from sporting events any player with a suspected concussion. 
  • Prohibit the return of the player to the sport until a licensed physician approves it.  

A growing body of evidence points to a correlation between concussions in professional athletes and chronic traumatic encephalopathy (CTE) later in life. This condition causes memory deficits, confusion, poor decision-making, and dementia.  

Complications of TBI

Potential complications from traumatic brain injury include the following temporary or permanent conditions: 

Altered consciousness, awareness, and responsiveness
a. Coma
b. Vegetative state
c. Minimally conscious state
d. Brain death

Physical complications
a. Seizures
b. Infections
c. Vertigo
d. Loss of sense of smell or taste
e. Blurred vision
f. Difficulty swallowing
g. Hearing loss

Intellectual issues
a. Memory loss
b. Learning
c. Reasoning
d. Concentrating
e. Decision-making

Communication impairments
a. Difficulty speaking or writing
b. Difficulty understanding speech or writing

Personality changes
a. Outbursts
b. Risky behavior
c. Social difficulties

Emotional changes
a. Depression
b. Anxiety
c. Loss of empathy
d. Anger
e. Mood swings
f. Insomnia

Degenerative brain diseases
a. Alzheimer’s or other dementias
b. Parkinson’s disease

The most severe injuries result in death. Our compassionate and dedicated attorneys have extensive experience helping families through the aftermath of wrongful death 

Treatment for Severe Traumatic Brain Injury

An initial assessment may include CT and MRI scans, intracranial pressure monitoring, and a Glasgow Coma Scale assessment.  

Rehabilitation will be necessary and may include:

• Present and future medical expenses 
• Pain and suffering 
• Loss of society 
• Physical therapy

• Mobility assistance
• Assistance learning to use adaptive
• Education of family caregivers

You May Be Eligible for Substantial
Compensation

Moderate and severe brain injuries impair your ability to work, care for yourself, and enjoy life. Ongoing medical care requires significant financial resources.

You may be entitled to compensation for the following:

• Relearning of skills to perform daily activities
• Development of communication skills 
• Psychological counseling
• Wrongful death benefits for families

• Projected lifetime earnings
• Loss of capacity to enjoy life
• Punitive damages

What is the time limit to file a
brain injury lawsuit?

The statute of limitations for personal injury and wrongful death is three years. While this seems like sufficient time, your attorney will need as much time as possible to investigate and prepare your brain injury case.  

Do I really need a traumatic brain injury
attorney at Marasco & Nesselbush to represent me?

The traumatic brain injury lawyers at Marasco & Nesselbush have extensive experience helping traumatic brain injury survivors get justice and receive the compensation they need. Insurance companies and opposing counsel may appear to act in your best interests. However, their goal is to reduce your compensation. They are skilled and present an unfair disadvantage to those who lack legal representation. 

Our law office will represent your best interests. We never accept settlement offers before the lifetime medical costs are known, and our legal advice focuses on what is best for you. We consult forensic and medical experts as well as life care planners and work tirelessly to negotiate a fair settlement. If the opposing party refuses to offer a fair settlement, we are well-prepared to win you substantial compensation in court. 

Representing clients throughout Rhode Island, with office locations in Providence, Wakefield, Warwick, and Woonsocket, we offer complimentary consultations and do not charge fees until we have won your case. 

Contact us using our easy online form, or call us today at (401)281-8552 to schedule a free case evaluation. 

a mother and father reading to their children

“For anyone who is really looking for a team of Attorneys that will fight for you every second of the way, this here is the team you want and need in your corner. Attorney Ryan Kelley and his team helped me through such a difficult time after my accident. The stress of thinking what happens next was lifted off my shoulders.

Communication is key for me, and my M&N team was on point with the level of communication they provided. The get-well cards and flowers after surgery were just a special touch that brightened my day. I wasn’t treated like another number or another case, they really made me feel like family. They really care for you and your wellbeing. Words will never express but I will forever be grateful for all they have done for me. Thank you !!!!!”

Heather P.

Amanda C.

I’ve felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.

Susan B.

I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time.

Barbara E.

They have been absolutely wonderful throughout my case-with a mix of professionalism and friendship all in one.