Dedicated Attorney Advocating for Victims of Brain Injuries
Serious and even fatal accidents happen all too often. Many people do not truly understand the physical, emotional, and financial consequences of a catastrophic injury until they find themselves in the midst of such a tragedy. A family affected by a devastating accident may have many questions concerning their legal rights, including the right to seek compensation from the person or business that caused their harm. Some of the most serious types of injuries involve damage to the brain. If you or your loved one is suffering from brain trauma caused by someone else’s carelessness throughout Massachusetts, you can seek representation from knowledgeable injury lawyer Kenneth I. Kolpan.
Mr. Kolpan is a longtime advocate for victims suffering from a traumatic brain injury (TBI). The Law Office of Kenneth I. Kolpan, P.C., has diligently represented individuals and families affected by TBI and other catastrophic forms of harm for over 34 years.
Assert Your Rights through a Negligence Claim
The central question in a brain injury or other accident case usually is whether it can be proven that the harm resulted from the negligence of another person, a business, or a governmental entity. In the legal sense, “negligence” occurs when a party fails to act in a way that is reasonable under the circumstances. This means that either the defendant acted in a way that a reasonable person or business would not act, or the defendant failed to take some action that a reasonably prudent person or business would have taken in a similar situation.
The concept of negligence can be broken down into four main components: duty, breach of duty, causation, and damages. The first inquiry is whether the defendant owed the injured person a legal duty of some sort. There is a broad range of legal duties that may be owed, depending on the circumstances of a case. Motorists owe each other the duty to use due care, complying with traffic rules and taking weather and road conditions into account. Physicians must comply with the standard of care applicable to their specialty and their community. Stores and restaurants need to ensure that their premises are reasonably safe from foreseeable hazards that could harm their customers.
The victim also must prove that the defendant breached the duty established in the first step. The last two components involve showing that the injury would not have happened if the defendant had met the appropriate standard of care, that it was a foreseeable result of the breach, and that actual costs and losses arose from it. Like the duty element, all of these elements must be proved by the preponderance of the evidence, which means that they are more likely than not to be true.
In any personal injury claim, it is crucial that the case be fully developed so that the jury (or the defendant’s insurance carrier, for purposes of settlement negotiations) fully understands the nature, cause, extent, and future prognosis of the victim’s harm. Our firm works closely with medical experts throughout Boston, as well as elsewhere in Massachusetts and across the nation, making sure that each case receives the attention and care that it deserves.
Enlist a Knowledgeable Boston Lawyer to Pursue Compensation after an Accident
The Law Firm of Kenneth I. Kolpan is a leader in the field of brain injury litigation and has received many accolades.
- Attorney Kolpan is a past President of the Brain Injury Association of Massachusetts and is a current member of its Board of Directors and Executive Committee.
- For 29 years, Attorney Kolpan has co-chaired a three-day medical/legal conference sponsored by the North American Brain Injury Society (NABIS), where attorneys throughout the country learn how to represent people with traumatic brain injuries.
- For the last 15 years, Attorney Kolpan has received the highest rating from his attorney peers for his ethics and competence, receiving the coveted AV rating by Martindale Hubbell. He has also been selected as a Massachusetts Super Lawyer, a New England Super Lawyer, Nation's Top 100 Lawyers, and one of "Boston's Top Rated Lawyers.” Attorney Kolpan serves on the Executive Committee of the Traumatic Litigation Group of the American Association for Justice, the nation's leading organization of brain injury attorneys.
- Attorney Kolpan brings to each case his experience working as an attorney at two Boston area hospitals: McLean Hospital Institute of Law and Psychiatry (where he served as counsel to the Institute’s psychiatrists) and New England Medical Center’s Department of Rehabilitation and Physical Medicine.
The experience and dedication of Attorney Kolpan can guide Massachusetts residents through a car accident, slip and fall, medical malpractice, or other personal injury case. Call the Law Office of Kenneth I. Kolpan at 617-426-2558 or complete our online form to set up a free consultation. We represent seriously injured individuals in many Massachusetts communities.