Buffalo Traumatic Brain Injury Lawyers

Traumatic brain injuries (TBI) occur when an external force causes damage to the brain, disrupting normal brain function. TBIs can range from mild concussions to severe injuries that result in long-term impairment or disability. According to the CDC, traumatic brain injuries are a leading cause of disability and death in the U.S., with hundreds of thousands of cases leading to life-altering consequences each year.

Victims of TBI often face more than just physical challenges. The emotional and financial toll of a TBI can be overwhelming, as individuals may require ongoing medical care, therapy, and assistance with daily activities. The effects of a brain injury extend far beyond the initial trauma, potentially impacting every aspect of a victim’s life and that of their family.

When facing the many consequences of a traumatic brain injury, it’s important to have experienced legal representation. A knowledgeable Buffalo-based TBI lawyer understands the complexities of these cases and can help navigate the legal process to ensure that victims secure the compensation they deserve.

From ongoing medical bills to current and future lost wages and emotional suffering, the financial impact of a TBI can be significant, and having an attorney who is well-versed in brain injury claims improves your chances of a successful outcome.

At Hiller Comerford Injury & Disability Law, we are committed to helping TBI victims in Buffalo obtain the compensation they need to move forward. Our attorneys provide personalized attention and fight tirelessly on behalf of our clients to hold negligent parties accountable and help them secure a fair settlement.

Contact us today for a free consultation.

Understanding Traumatic Brain Injuries

TBIs are classified based on the severity of the injury, which is typically measured by the extent of the damage and the victim’s symptoms.

• Mild TBI: A common example of this severity of TBI is a concussion. Mild TBIs may cause a brief loss of consciousness or confusion, with symptoms like headaches and dizziness that typically resolve over time.
• Moderate TBI: These involve a longer period of unconsciousness or confusion, often accompanied by more noticeable and lasting physical or cognitive issues.
• Severe TBI: A severe TBI can lead to extended unconsciousness, significant brain damage, and lasting cognitive, physical, and emotional impairments.

There are various types of TBIs, including:

• Concussions: The most common type of TBI, typically caused by a blow or jolt to the head.
• Contusions: Bruises on the brain that result from direct impact to the head.
• Diffuse Axonal Injuries: Damage to the brain’s white matter caused by rapid movement, such as in a car accident, where the brain shifts inside the skull.
• Penetrating Injuries: Occur when an object pierces the skull and damages brain tissue.

Common Causes of TBI

Traumatic Brain Injuries can result from various accidents and incidents, including:

• Car Accidents: Sudden impacts to or jolting of the head during auto collisions can cause TBIs, even when there is no visible head injury.
• Slip-and-Fall Accidents: A leading cause of TBIs, especially in older adults and young children, falls can result in significant brain trauma.
• Sports Injuries: High-contact sports like football, hockey, and boxing are known to put athletes at high risk for TBIs, particularly concussions.
• Workplace Accidents: Falls, heavy machinery accidents, and construction site incidents frequently lead to TBIs.
• Acts of Violence: Assaults, gunshot wounds, and domestic violence can also lead to severe brain injuries.

Symptoms and Long-Term Effects

The symptoms of a TBI can vary based on its severity, and they may develop immediately after the injury or gradually over time. These symptoms can affect every aspect of a person’s life.

• Physical Symptoms: Include headaches, dizziness, nausea, fatigue, and sensory issues such as changes to sight, hearing, taste, and ability to smell. In severe cases, victims may experience seizures or loss of coordination.
• Cognitive Symptoms: Victims may have trouble concentrating, remembering information, or making decisions. They may also experience confusion and difficulty processing information.
• Emotional Symptoms: Mood swings, depression, anxiety, irritability, and sudden emotional outbursts are common among TBI victims.

For some, a TBI can lead to permanent changes in their ability to live independently, work, or engage in previously enjoyed activities. Ongoing medical treatment, therapy, and assistance may be required, affecting both the victim and their family emotionally and financially.

Why You Need a Buffalo TBI Lawyer

Complexity of TBI Cases

Traumatic brain injury cases are uniquely challenging due to the complex nature of brain injuries and their impact on a victim’s life. Unlike other injuries, TBIs often result in long-term or even permanent effects that are not immediately visible.

Proving the full extent of a TBI requires thorough medical documentation, evaluations by experts, and a detailed understanding of how the injury will affect the victim’s ability to work, perform daily activities, and enjoy life.

In TBI cases, it’s essential to demonstrate the severity of the injury, the ongoing medical needs, and the emotional and cognitive impact on the victim to ensure fair compensation. This often requires expert testimony from neurologists, neuropsychologists, and rehabilitation specialists, who can explain the intricacies of brain injuries and their long-term prognosis. Without such evidence, it can be difficult to secure the full compensation needed for treatment, care, and quality-of-life adjustments.

Experience with State Laws and Local Courts

Navigating the legal landscape surrounding brain injury liability in New York requires a deep understanding of the state’s specific laws regarding personal injuries in all the ways they can be caused, whether by auto accident, deliberate violence, or workplace negligence. A skilled Buffalo TBI lawyer is familiar with the relevant statutes and regulations that can affect the outcome of your case, such as statutes of limitations, comparative negligence laws, and caps on certain types of damages.

In addition to an in-depth knowledge of state law, having a lawyer who understands the nuances of local courts and insurance practices is invaluable. Every jurisdiction has its own procedures and tendencies, and insurance companies often employ aggressive tactics to minimize payouts in severe injury cases.

The attorneys at Hiller Comerford Injury & Disability Law know how to handle these challenges, negotiate effectively with insurance companies, and advocate for our clients in Buffalo’s court system. Our local experience ensures that clients have the best possible chance of securing a fair settlement or court award.

Compensation Available in TBI Cases

Medical Expenses

A traumatic brain injury often requires extensive medical treatment, both immediately after the accident and for years to come. Compensation for medical expenses includes coverage for hospital stays, surgeries, medications, and ongoing rehabilitation services. These costs can accumulate quickly, and TBI victims are entitled to seek reimbursement for all medical bills associated with their injury.

Additionally, future medical costs, such as continued therapy, doctor visits, and potential surgeries, are considered when determining compensation to ensure the victim is financially supported throughout their recovery when they’ve been injured due to someone else’s negligence.

Lost Wages and Loss of Earning Capacity

A TBI can significantly impact a victim’s ability to work, either temporarily or permanently. Compensation for lost wages covers the income lost during recovery from the injury. In cases where the victim can no longer perform their previous job due to cognitive or physical limitations, loss of earning capacity must be factored into the claim.

This involves calculating the future wages and other employment-related benefits the victim would have earned if the injury had not occurred, ensuring they are financially protected if they are unable to return to work or must take a lower-paying position.

Pain and Suffering

TBIs often result in ongoing physical pain and emotional distress, including anxiety, depression, and a reduced quality of life. Compensation for pain and suffering takes into account both the physical and emotional toll that the injury has had on the victim. This non-economic damage is designed to provide financial relief for the intangible losses experienced, such as the loss of independence, inability to enjoy life, or the emotional trauma caused by the injury.

Long-Term Care and Support

For many TBI victims, long-term care is essential to their recovery and well-being. Compensation can cover the costs of in-home care, residential facilities, or specialized medical assistance. Additionally, if the victim’s home needs to be modified to accommodate a wheelchair or other assistive devices, these expenses can be included in the claim.

The costs of devices like wheelchairs, ramps, and other equipment necessary to support daily living are also part of the compensation available, ensuring that the victim can maintain the best quality of life possible.

How Our Buffalo TBI Lawyers Can Help

We take your claim seriously, and we’ll work hard to fight for the compensation you deserve. Here are just a few of the ways we can help with your brain injury claim.

• Comprehensive Case Evaluation: We offer a free initial consultation to understand your case and assess its potential value. Our attorneys will review your situation to determine the best course of action.
• Gathering Evidence and Building a Strong Case: Our team will collect medical records, witness statements, and expert testimony to document the full extent of your injury. We collaborate with medical professionals to show how the injury impacts your daily life and future well-being.
• Negotiating with Insurance Companies: We skillfully handle negotiations with insurance companies, ensuring they don’t downplay your injury. Our goal is to secure a settlement that fully covers your medical expenses, lost wages, and long-term care needs.
• Litigation and Trial Representation: If a fair settlement isn’t offered, we’re ready to take your case to court. Our experienced trial lawyers will fight to achieve the best outcome for you, leveraging our strong track record of courtroom success.

Contact Our Buffalo Traumatic Brain Injury Lawyers Today

If you or a loved one has suffered a traumatic brain injury, don’t wait to seek legal help. Contact our experienced Buffalo TBI lawyers at Hiller Comerford Injury & Disability Law for a free consultation.

We’re here to listen, evaluate your case, and guide you through the legal process to help you secure the compensation you deserve. Reach out to us today to discuss your case for free with no obligation to hire!