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.

A Guide To Understanding A Traumatic Brain Injury

This resource guide was developed by Marasco & Nesselbush and the Brain Injury Association of Rhode Island (BIARI) to help survivors of traumatic brain injury (TBI), and their families understand and navigate the challenges they will face.

Important information is provided about the medical and neurological conditions facing TBI survivors. Guidance on overcoming insurance barriers and addressing legal ramifications is also included.

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.

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.


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.

Auto Accidents

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


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.


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

  • Coma
  • Vegetative state
  • Minimally conscious state
  • Brain death

Physical complications

  • Seizures
  •  Infections
  • Vertigo
  • Loss of sense of smell or taste
  • Blurred vision
  • Difficulty swallowing
  • Hearing loss

Intellectual issues

  • Memory loss
  • Learning
  • Reasoning
  • Concentrating
  • Decision-making

Communication impairments

  • Difficulty speaking or writing
  • Difficulty understanding speech or writing

Personality changes

  • Outbursts
  • Risky behavior
  • Social difficulties

Emotional changes

  • Depression
  • Anxiety
  • Loss of empathy
  • Anger
  • Mood swings
  • Insomnia

Degenerative brain diseases

  • Alzheimer’s or other dementias
  • 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

Treatment for a traumatic brain injury (TBI) initially focuses on preventing further damage to the brain. Surgery may be performed to repair any skull or blood vessel damage. After the initial healing phase, the focus shifts to managing the long-term effects of TBI.

Long term management and rehabilitation will be necessary and may include:

  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Recreational therapy
  • Psychotherapy
  • Cognitive therapy

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:

  • 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.

A Guide To Understanding A Traumatic Brain Injury

In addition to being committed to providing extraordinary legal care to our clients, our mission at Marasco & Nesselbush includes serving our community.

Toward that end, Marasco & Nesslebush established the Marasco & Nesselbush Charitable Foundation. Each year, the Foundation supports numerous charitable efforts and organizations that enhance our community and improve people’s lives throughout our state, New England, and elsewhere in the world.

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) 443-2999 to schedule a free case evaluation.

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They work very hard on your behalf and will always return emails and phone calls. More than that, they will regularly reach out to give you updates on your case or to check in and see how you are doing. On a scale of 1 - 10: if I could give you 10+ I would! They have been wonderful!!
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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.
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Not many were willing to take this unique case on, but M&N and my attorney has earned my respect and gratitude for their efforts. Thank you, again!
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Marasco & Nesselbush has the best team in their industry! I was treated professionally from the beginning to end. There was no question or concern that was not meet with a timely and satisfying answer. Even when I had small needs outside of my case. I HIGHLY recommend this team of professionals. Their values and determination can not be beat!
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Everyone at Marasco & Nesselbush has provided me with superb attention and support throughout my case and time with them. I was so grateful for their professionalism and care. Thanks and much appreciation!
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When an accident happens, it's hard enough to get through that, then trying to find a great lawyer to help is even harder, but y'all made the whole process easy, and provided comfort and understanding. You also provided ease and determination with no back down attitudes. I will definately be recommending and will always be appreciative for the care you showed my son and my self! Thank you!
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Chris A.
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Ryan and his team were very polite and knowledgeable. Most importantly they were extremely responsive whenever I had questions or concerns through out the entire process. Certainly would recommend to a family member or friend.

A Guide To Understanding A Traumatic Brain Injury

This resource guide was developed by Marasco & Nesselbush and the Brain Injury Association of Rhode Island (BIARI) to help survivors of traumatic brain injury (TBI), and their families understand and navigate the challenges they will face.

Important information is provided about the medical and neurological conditions facing TBI survivors. Guidance on overcoming insurance barriers and addressing legal ramifications is also included.