Practice areas

Serious Injury

Brain, spinal cord, neck, and back injuries that change lives — and the workplace accidents that cause them.

Few serious injuries simply go away. Many victims struggle for years — sometimes a lifetime — with pain, disability, and the loss of the ability to work. Others recover, but only after months of treatment, surgery, and bills.

Whatever your circumstances, you deserve compensation from every available source. For more than 75 years, the Dane Shulman name has meant serious, fair representation for injury victims across Massachusetts. Call 617-298-2500 for a free consultation.

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Brain injuries

“Brain injury” is a broad term. It can range from a minor bump on the head to a persistent vegetative state, with a wide range of injuries in between:

  • Concussion
  • Contusion
  • Closed head injury
  • Traumatic brain injury (TBI)
  • Hypoxic brain injury

Most brain injuries we see are caused by car accidents. Others result from falls on ice, falling objects in stores, warehouses, and construction sites, and workplace accidents.

The symptoms are often invisible. A victim may appear to recover yet live with lingering effects, including:

  • Dizziness and migraine headaches
  • Irritability, moodiness, or personality change
  • Inability to concentrate
  • Short-term memory loss
  • Post-traumatic stress disorder
  • Inability to hold a job

Proving these injuries may require neuropsychological testing, MRIs, CT scans, and expert testimony. We are prepared to pursue full and fair compensation from every available source.

Back and spinal cord injuries

We represent accident victims who have suffered any type of back injury, including:

  • Herniated and ruptured disks
  • Back sprains and strains
  • Back fractures
  • Whiplash and other neck injuries

Spinal cord injuries are among the most serious. Depending on where the injury occurs, it may cause paraplegia or quadriplegia — the higher on the spine, the more catastrophic the injury tends to be. Even a victim who heals over time faces enormous medical bills, ongoing physical and occupational therapy, and a long absence from work.

Common causes include:

  • Car, truck, and motorcycle accidents
  • Workplace accidents
  • Serious falls
  • Lifting and repetitive twisting injuries
  • Violent attacks

Neck and soft tissue injuries

A neck injury typically involves the ligaments, tendons, and muscles of the cervical spine. What was once called “whiplash” is now referred to as a soft tissue injury. Auto accidents, construction site accidents, and falls are common causes.

Treatment may include rest, medication, physical therapy, immobilization with a brace, or surgery. Some people heal well. Others live with chronic pain, reduced range of motion, depression, and the risk of dependence on pain medication. In the most serious cases, a neck injury can cause partial or total paralysis.

Why insurers fight serious injury claims

Insurance companies are not in business to serve your interests. They are in business to make a profit, and they look for reasons to pay less. It is common for insurers to:

  • Point to a pre-existing condition
  • Argue that a soft tissue injury is “more psychological” than physical
  • Deny payment for the therapies that help you most, labeling them “experimental”
  • Shift responsibility to other potentially liable parties, creating a stalemate while your bills go unpaid

Many firms hesitate to take soft tissue cases for exactly these reasons. We don’t. Our firm employs staff dedicated solely to monitoring our clients’ medical costs, treatments, and bills — making sure every dollar is accounted for and maximizing your total recovery.

Injured at work by a negligent third party

When you are hurt on the job, workers’ compensation is usually not the only source of recovery. If someone other than your employer caused or contributed to your injury, you may have a separate personal injury claim against that party — and that claim can recover damages workers’ comp never pays, including pain and suffering.

We handle third-party claims arising from workplace injuries. We investigate the incident to identify every party who may be responsible.

Anyone other than your employer or a co-worker whose negligence contributed to your injury. Common examples include:

  • Manufacturers of defective machinery, tools, or safety equipment
  • Drivers who cause a crash while you are working
  • General contractors and subcontractors on a shared job site
  • Property owners where you were working
  • Suppliers of faulty scaffolding, ladders, or welding equipment
  • Companies responsible for chemical exposure

Workers’ compensation covers medical expenses and a portion of lost wages, but it does not compensate you for pain and suffering or your full lost earning capacity. A third-party claim can pursue:

  • Full lost wages and future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Medical expenses not covered by workers’ comp

You can generally collect workers’ compensation benefits and pursue a third-party claim at the same time. You do not have to choose one or the other. Keep in mind that the workers’ compensation insurer is typically entitled to be reimbursed from a third-party recovery for benefits it has already paid. Structuring the claim correctly matters, which is why experienced counsel is important.

When a workplace injury is severe enough that you cannot return to the kind of work you did before, other resources may be available — including Social Security Disability benefits and vocational rehabilitation services through the Massachusetts Rehabilitation Commission, which helps people with disabling conditions train for new work. A third-party claim can also account for the long-term loss of your earning capacity.

  • Report the injury to your employer in writing as soon as possible
  • Get medical treatment and follow your doctor’s instructions
  • Write down what happened and who was involved, including any equipment, vehicles, or outside contractors
  • Get the names of witnesses
  • Talk to an attorney before giving a statement to any insurer other than your own workers’ comp carrier

No recovery, no fee

We take serious injury cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and your consultation is always free. If you are unable to come to our office, we will come to you.

FAQ

A TBI is damage to the brain caused by a blow, jolt, or penetrating injury to the head. Symptoms range from headaches and memory problems to permanent cognitive and personality changes, and they are not always visible on standard imaging.

Yes. If an accident aggravated an existing condition, you may recover compensation for the worsening. Insurers often use prior conditions to deny claims — documenting the change is key.

Generally no — workers’ compensation is the exclusive remedy against your employer. But you may have a separate claim against a third party, such as an equipment manufacturer, a negligent driver, or another contractor on the job site.

It depends on the severity of the injury, your medical costs, your lost earning capacity, and the impact on your daily life. No honest attorney can give you a number at the first meeting, but we can explain the factors that will drive the value of your case.

Most personal injury claims in Massachusetts must be filed within three years of the injury. Workers’ compensation claims and claims against government entities have their own deadlines, some much shorter. Talk to an attorney as soon as possible.

Living with a serious injury? Let’s talk.

Your consultation is free, and you pay nothing unless we win. We’ll come to you if you can’t come to us.

Start your free consultation 617-298-2500