Our Verdicts and Settlements
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Types of Traumatic Brain Injury Cases We Handle in Amherst, NY
Brain injuries are far more common than most people realize. The CDC counted roughly 214,000 TBI-related hospitalizations in 2020 and more than 68,000 TBI-related deaths in 2023, and those figures leave out the many concussions treated only in an emergency room or urgent care, or never treated at all. Falls are the leading cause of TBI hospitalizations, especially among older adults, while motor vehicle crashes lead among younger people. In Amherst, that means brain injuries turn up in everything from a winter fall on an unshoveled sidewalk to a collision on the I-290 or Niagara Falls Boulevard.
Our traumatic brain injury attorneys represent Amherst residents in cases involving:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Slip, trip, and fall accidents on icy sidewalks, in stores and restaurants, and in apartment buildings and parking lots
- Falls and unsafe conditions in nursing homes and assisted living facilities
- Construction and workplace accidents
- Sports and recreation injuries caused by negligent supervision or unsafe equipment
- Assaults and negligent security at bars, apartment complexes, and off-campus housing
- Medical errors, including birth injuries and surgical or anesthesia mistakes that deprive the brain of oxygen
- Defective products, including helmets, car seats, and airbags that fail to protect
- Wrongful death claims when a brain injury proves fatal
Because a brain injury can result from so many different kinds of negligence, the first job is often identifying which legal theory and which insurance policies actually apply. A traumatic brain injury lawyer in Amherst at Hiller Comerford can sort that out early, while the evidence that proves how your injury happened is still available.
Why Amherst Brain Injury Victims Choose Hiller Comerford Injury & Disability Law
Brain injury cases are usually won on documentation. A TBI that is poorly recorded in the first weeks can be almost impossible to prove later, no matter how real its effects. With more than 27 years of litigation experience, over 300 years of combined legal experience, nearly 20,000 clients served, 48 attorneys, and a 240-person team, Hiller Comerford Injury & Disability Law has the depth to build the medical and expert record these cases demand.
Local Lawyers With Our Main Office in Amherst
Our personal injury law firm’s main office is located at Amherst Development Park, 6000 N. Bailey Ave., Suite 1A. Many of our brain injury clients are first treated at ECMC, Western New York’s Level 1 trauma center, and then followed by specialists closer to home at Millard Fillmore Suburban Hospital on Maple Road. Being based in Amherst means we are familiar with the local medical landscape, the records these providers generate, and how to use them to document your injury.
Injury and Social Security Disability Under One Roof
A serious brain injury can end a career. Our firm handles both personal injury and Social Security Disability claims in Amherst, so if your injury keeps you from working, the same team pursuing your injury case can help you apply for SSD benefits and coordinate the two so that one does not undercut the other.
We are Trial-Ready Lawyers, Backed by Experts
Insurers value traumatic brain injury claims differently when they know the firm on the other side is prepared to bring neurologists, neuropsychologists, life-care planners, and economists into an Erie County courtroom. Our personal injury lawyers in Amherst build every TBI case as though it is headed there.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can I Recover in Traumatic Brain Injury Claim in Amherst?
Brain injury damages are driven by the future as much as the past. Depending on how your injury happened and what coverage applies, your traumatic brain injury lawyer in Amherst may pursue:
- Medical expenses: Emergency and hospital care, surgery, rehabilitation, and ongoing cognitive, speech, physical, and occupational therapy.
- Future care and life-care needs: Long-term therapy, medication, assistive technology, in-home care, and necessary home modifications.
- Lost income and earning capacity: Wages lost during recovery and reduced ability to work, advance, or return to your prior occupation.
- Pain and suffering and loss of enjoyment of life: Compensation for headaches, cognitive difficulties, personality and mood changes, and the impact on your daily life and relationships.
- No-Fault benefits: If your brain injury was caused by a motor vehicle crash, you may be entitled to No-Fault benefits for medical expenses and lost earnings regardless of fault. Written notice is generally required within 30 days.
- Loss of consortium: A spouse may have a separate claim for the loss of companionship and services resulting from the injury.
- Wrongful death damages: If a TBI proves fatal, the personal representative may pursue wrongful-death damages for eligible financial losses and expenses. The decedent’s conscious pain and suffering before death may be pursued separately through a survival claim.
Brain injuries tend to be undervalued early because the deficits that matter most to a family, the short temper, the lost train of thought, the inability to get through a workday, do not appear on a hospital bill. Building those losses into a claim takes testimony from the people who knew you before the injury, along with the experts who can measure the change. That is the work our Amherst traumatic brain injury attorneys are there to do.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How a Traumatic Brain Injury Attorney in Amherst Can Help
From the moment you call us through the final resolution of your case, our attorneys manage the medical documentation, the investigation, and the insurance claims so you can focus on entirely on recovery.
✓ Getting your injury properly diagnosed and documented: We make sure you are evaluated by the right specialists early, including neuropsychological testing when appropriate, so the record reflects the full injury rather than a single emergency room note.
✓ Proving how the injury happened: We pull the Amherst Police crash report, request surveillance footage from nearby businesses before it is overwritten, and gather maintenance logs, snow-removal records, or other inspection records, depending on where and how you were hurt.
✓ Holding the right party responsible: We identify who may be legally responsible for your brain injury, whether that is a negligent driver, property owner, employer, manufacturer, or another party in Amherst.
✓ Connecting the injury to the incident: Insurers often argue that symptoms stem from a prior condition, age, or stress. Your lawyer will work with your treating physicians and retained experts to tie your deficits to the event.
✓ Calculating the true lifetime cost: Our legal team works with life-care planners and economists to project future medical needs, lost earning capacity, and the cost of care and support over your life expectancy.
✓ Handling the insurance companies: We manage every communication with adjusters and defense counsel so you are never pressured into a recorded statement or an early settlement.
✓ Negotiating for full value and preparing for trial: We evaluate any settlement offer from the insurance company against the true lifetime cost of your injury, not what they would prefer to pay, and prepare every brain injury case as though it will be tried before an Erie County judge or jury.
✓ Protecting every deadline: From the 30-day No-Fault notice requirement to the 90-day Notice of Claim deadline that can apply to claims against municipalities, we track the dates that can affect your ability to recover.
Brain injury cases run on two tracks at once, the medical story and the legal one. Our job is to make sure the second is as complete as the first, so that when it is time to settle or to try the case in Erie County Supreme Court, nothing about your injury has been left out.
What Are the Signs and Symptoms of a Traumatic Brain Injury?
Many traumatic brain injuries are missed because the person was never knocked out. You do not have to lose consciousness to suffer a TBI. Symptoms can appear hours or days after a crash, fall, or blow to the head, including:
- Persistent or worsening headaches
- Dizziness, balance problems, or nausea
- Sensitivity to light or noise
- Memory problems, confusion, or trouble concentrating
- Sleep changes, fatigue, or brain fog
- Irritability, anxiety, depression, or personality changes
- Slurred speech, weakness, or numbness, which may signal a medical emergency
If symptoms appear after a blow to the head, seek medical attention promptly, whether at an emergency department or from a concussion specialist in Amherst. Prompt evaluation protects your health and creates medical documentation that may be important to your personal injury claim.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
How Long Do I Have to File a TBI Lawsuit in Amherst?
In Amherst and across New York, a personal injury lawsuit generally must be filed within three years of the injury according to the statute of limitations. Other deadlines can be much shorter depending on how the injury happened:
- Medical malpractice: If the brain injury was caused by a medical error, the deadline to file a medical malpractice lawsuit is generally two years and six months under CPLR § 214-a.
- Wrongful death: Generally two years from the date of death.
- Claims against the Town of Amherst or Erie County: A Notice of Claim generally must be served within 90 days under General Municipal Law § 50-e, and Amherst’s local code also requires prior written notice of a sidewalk or roadway defect before the Town can be held liable for it.
- Motor vehicle crashes: A No-Fault claim generally requires notice within 30 days.
- Minors: Different rules can apply when the injured person is a minor.
Because a TBI can take months to fully reveal itself, families sometimes wait to see how recovery goes before calling a lawyer. Waiting rarely helps. Some deadlines run from the date of the injury or other triggering event, not from the day you realize how serious the condition is.
Frequently Asked Questions
Below are answers to the questions we hear most often from brain injury victims and their families in Amherst. For guidance specific to your situation, contact a traumatic brain injury lawyer today for a free case evaluation.
What should I do after a head injury in Amherst?
Get medical attention the same day, even if you were not knocked out and feel mostly fine, and follow every recommendation for follow-up care. Start a simple daily log of your symptoms, since memory problems are themselves a symptom and insurers will scrutinize gaps in the record. Do not give a recorded statement to any insurance company before speaking with a lawyer, and keep any evidence from the incident, including photos, footwear from a fall, or a damaged helmet. Then reach out to a traumatic brain injury lawyer at our firm as soon as you can so the record is built correctly from the start.
How much does a traumatic brain injury lawyer cost in Amherst?
There are no upfront fees. Hiller Comerford Injury & Disability Law handles brain injury cases on a contingency fee basis, meaning we only get paid if we recover compensation for you. The initial case evaluation is always free. Our main office is located right here in Amherst, but if you cannot visit us, we will meet with you at a convenient location.
What is the average settlement for a traumatic brain injury in Amherst, NY?
There is no reliable average. A settlement depends on the severity and permanence of the injury, medical and future care needs, lost income, impact on your ability to work, and available insurance coverage. A mild concussion and a permanent cognitive disability can have vastly different values. A lawyer at Hiller Comerford Injury & Disability Law can calculate the value of your claim to help ensure you do not accept less than the law allows in your case.
Can I file a brain injury claim in Amherst if I did not lose consciousness?
Yes. Loss of consciousness is not required for a brain injury diagnosis, and routine imaging frequently misses the diffuse damage behind concussion symptoms. Your TBI claim will rest on your symptom history, your treating providers’ findings, and, where appropriate, neuropsychological testing that measures how your thinking and memory have actually changed.
Can I have a brain injury if my CT scan or MRI was normal?
Yes. A normal CT scan or MRI does not necessarily rule out a concussion or other traumatic brain injury. Your symptoms, medical evaluation, and other testing can help establish the nature and effects of the injury.
How long does an Amherst traumatic brain injury lawsuit take?
Usually longer than a typical injury claim in Amherst. Because a TBI can keep evolving for a year or more, settling before your doctors can offer a reliable prognosis risks leaving future care and lost earnings out of the recovery entirely. We build the case while you treat and keep the statute of limitations in view, so that the claim is resolved when the medical picture is clear, not before.
Can I get Social Security Disability benefits for a traumatic brain injury?
Possibly. To qualify for SSD benefits, Social Security evaluates TBI under its neurological disorder listings, looking at limitations in motor function and in physical and mental functioning that persist for at least three months after the injury. Because our firm handles both injury and disability claims, we can pursue SSD benefits alongside your injury case and make sure the two are coordinated.
