A Brain Injury Lawyer Can Help You Get Compensation

When the brain is injured, the results can be devastating. The human brain is an amazingly versatile organ that controls thoughts, movements, and bodily functions but is also vulnerable to damage. When brain injuries are severe, they can lead to paralysis, inability to communicate, coma, or death. 

In addition, some brain-injured individuals have emotional and behavioral issues that cause major problems for the individual and those around them. As a result, the brain-injured person may need continuing care and costly therapy and equipment or must be institutionalized. Family members also suffer, as caring for brain injury victims can be expensive and exhausting.

If you or a family member in the Niagara, Buffalo, or New York State area has suffered a traumatic brain injury (TBI), your life has probably been turned upside-down. If the injury was due to someone else’s negligence or fault, you may be entitled to compensation for your losses through insurance or a lawsuit.

While money can never make up for the tragedy of a brain injury, it can help relieve your burdens by covering the costs of medical and rehabilitative treatment and continuing care, and by replacing lost wages from being unable to work.

If you or a loved one has a brain injury, do not wait to contact a traumatic brain injury attorney. You can discuss your situation with an experienced and compassionate advocate by calling 716-854-0700.

Why Clients Choose Us

Our traumatic brain injury attorney has a reputation in the legal community for providing high-quality representation to those who have been injured in preventable incidents. This is why we have been assisting people in Buffalo and locations across upstate New York for nearly 40 years. 

Our TBI lawyers proudly serve clients harmed by careless or reckless behavior. You can rely on the experience, care, and attention of trained professionals who are dedicated to pursuing justice for you.

Do You Need to Hire a TBI Lawyer?

Handling a brain injury claim can be a complicated process. A brain injury is not a single event that causes some symptoms, then heals without problems. The changes that happen can impact a victim for life, meaning the treatment will continue. As research into TBIs continues, more information becomes available and medical help improves. The ever-evolving landscape means you benefit from having a dedicated advocate.

However, if you are still unsure about whether you need to retain an attorney, read on to find out how a Buffalo brain injury lawyer can assist you with your claim.

A TBI lawyer is more than just a legal representative during settlement negotiations with an insurance company or a mouthpiece in a trial. When you have Feroleto Law on your side, we will meet with you to discuss how the brain injury happened and who the at-fault parties might be. We will make a determination of whether you have a valid case and what it might be worth.

Your Buffalo TBI attorney will serve as your advocate and confidant by:

  • Answering all your legal questions along the way.
  • Investigating the scene of your accident and acquiring evidence such as photos and videos from surveillance or traffic cameras.
  • Interviewing witnesses and first responders.
  • Examining medical, hospital, and police records.
  • Hiring experts to provide medical testimony as to the extent of your brain injuries, how they affect your life, the care you will need in the future, and to calculate the costs of your losses.
  • Handling complex litigation procedures.
  • Dealing and aggressively negotiating with insurance companies and their lawyers for a fair settlement.
  • Making sure an insurance company does not take advantage of you.
  • Advising you about the right time to settle and a fair amount to settle for.
  • Building your case and taking it to court should negotiations break down.

We know what a challenging time it is for you. You do not have to handle it alone. Rest assured that Feroleto Law will be there for you throughout the entire process, communicating and answering your questions and concerns.

Call us today at 716-854-0700 to learn more about why hiring a TBI attorney will help maximize your compensation. We would be honored to obtain justice for you and your loved ones.

Our TBI Lawyers Hold Responsible Parties Accountable for Negligence

To win your case, our brain injury attorneys must prove that your brain injury was caused by the negligence, recklessness, or fault of another person or entity (the defendant in the case). Legally, this means showing the following:

  • The defendant owed you a duty of care to prevent harm.
  • The defendant breached this duty by acting or failing to act.
  • This breach caused your brain injury.
  • You suffered actual damages as a result.

For example, let us say the brain injury was caused by a vehicle crash. All drivers who get behind the wheel have a duty of care to drive in a manner that a reasonably prudent person would in similar circumstances. Breaches may include speeding, running a red light, driving drunk, being drowsy, or being distracted. We will have to show that your brain injury was caused by the accident, and not some other cause, like an unrelated work or sports injury. To prove your injuries resulted in damages, we would have to document your losses caused by the injuries, and they would have to go beyond the cost of insurance reimbursement.

Who is Responsible for My TBI?

In some cases, there may be multiple parties responsible for the accident. Our Feroleto brain injury attorneys will investigate the situation to ensure that every potentially liable party is named in your lawsuit, as they all may have insurance and assets that can go toward a settlement.

Who the at-fault party is will, of course, depend on the facts of your case. For example, let us look again at the vehicle crash and assume you were rear-ended by a trucker. Depending on the injuries and the nature of the accident, you could sue many different parties. You may have the right to sue:

  • The truck driver
  • The truck driver’s employer (the trucking company)
  • The company that packed the truck if there is one
  • The company that inspected or maintained the truck, or
  • The company that manufactured the truck.

The best way to learn who could potentially be liable for your brain injury is through a consultation with a brain injury lawyer. During this meeting, your claim will be reviewed, and your legal options discussed. This is a major step in deciding how to move forward to ensure your needs are met.

If you or a loved one is the victim of a TBI as the result of someone else’s carelessness, please call Feroleto Law today: 716-854-0700.

Damage Awards Our Brain Injury Attorneys May Recover

In a successful case, our brain injury attorneys may recover a compensation award for both your economic damages, or monetary losses, and for your non-economic damages that do not have a specific dollar value.

This includes:

  • Current and future medical, therapy, and continuing care bills
  • Current and future lost wages
  • Property damage
  • Physical and emotional pain and suffering
  • Loss of consortium and companionship
  • Permanent injury
  • Wrongful death if someone has died.

If you or a loved one has suffered a brain injury, there can be a lifetime of problems to deal with. Rehabilitation requires the help of professionals, which can quickly diminish a person’s financial resources. For these reasons, it is best to consult with an experienced attorney to ensure you do not deplete your savings while trying to recover. This is an expensive process that a brain injury attorney is more than capable of handling.

Amounts of Damage Awards Vary

There is a wide range of amounts that may be awarded in a successful brain injury lawsuit, from thousands to millions of dollars, depending on the individual circumstances of the case. Factors that may be considered include:

  • The severity and permanence of the injury and whether continuing care is necessary.
  • The actual costs of your losses and care.
  • Your age, earning capacity, and family situation.
  • The insurance and assets available.
  • The ability of your attorney to negotiate and argue your case.

While no one can guarantee a specific amount, settlements for severe brain injuries are often on the high side. We are capable of hiring a team of experts to determine the exact extent of your financial damages. The experts can include doctors, economists, and actuaries. They can help demonstrate that the defendant was the cause of the injuries, the extent of the injuries, your prognosis, and the expected future financial impact.

A TBI attorney will consider all factors and determine what would be a reasonable settlement and will fight for maximum amounts.

Our Traumatic Brain Injury Lawyer Will Fight for What You Deserve

Brain injury claims can be complicated, and insurance companies will attempt to deny claims and pay out as little as possible. It is hard not to take that personally, but it makes sense. Since they are a business and trying to make money, the most important thing to the insurance company is the dollar value. 

At Feroleto Law, we know all the tactics the insurance company will use, and we will not cave just because the insurance company is trying to save some money. We are not intimidated by larger corporations. We are committed to standing our ground and representing your interests. 

Our brain injury attorneys have extensive experience fighting for the rights of our clients and are fully prepared to deal with insurance companies and their lawyers and handle all legal requirements needed to win the compensation you are owed. We will ensure that the insurance company is aware of how the injury has affected you and your loved ones by providing evidence of the dramatic impact on your life.

We understand the importance of handling your issues professionally so you can obtain the financial compensation needed to move on. This is why our brain injury lawyer works diligently to resolve your claim. 

We offer a free consultation to evaluate the facts of your individual situation and determine the best way to handle your case.

We have a no-fee guarantee — there are no legal fees to you unless and until we win, so call us today at call 716-854-0700.

Brain Injury Lawyers Understand Traumatic Brain Injuries 

The Brain Injury Association of America reports that over 1.5 million people face traumatic brain injuries (TBI) every year, and at least 50,000 individuals will die from their injuries. TBI is often the result of the brain colliding with the skull due to several types of impact, such as car accidents, playing sports, or violent acts. Approximately 50 percent of all cases are vehicle-related accidents involving cars, trucks, motorcycles, and bicycles. Among individuals 75 years and older, falls are the most common cause of TBI.

Why is the brain so easily injured? The brain is made up of delicate soft tissue, and trauma to the brain causes the brain to fill with fluid and swell. The skull prevents the brain from expanding and increases pressure on the brain. Blood is prevented from reaching brain cells, and further damage occurs.

TBI is a serious condition and can result in a wide range of symptoms. It is difficult to identify because the injuries are often not visible and may worsen over time, and complete recovery is never a guarantee. As a result, it is important for victims of brain injuries to have an attorney familiar with brain injury cases on their side to build an effective case and fight for their rights.

Brain Injury Lawyers Answer Frequently Asked Questions

Traumatic brain injury (TBI) can have a devastating impact, not just on the injured person, but on family and friends as well. Questions will likely arise, and while The Brain Injury Association of America (www.biausa.org) is an outstanding resource for answers to many of your questions, here are some answers to those our TBI attorneys are often asked:

What if I did something to contribute to the accident?

New York considers contributory negligence in awarding damages. According to the law (CVP CHAPTER 8, ARTICLE 14-A, Section 1411), damage awards are adjusted according to the percentages of fault for each party. Fortunately, even if you are partially at fault, our attorneys can help you get a settlement based on the percentage that the other parties were at fault. For example, if your case involved a settlement of $100,000, and you are found to be 10 percent at fault, we can help you recover $90,000.

Are there time limits for filing a lawsuit?

Yes, New York has a statute of limitations, a strict time limit, for filing a legal case. According to the law, you generally have three years from the day of the accident to file a lawsuit or the courts are likely to refuse to hear your case. Our attorneys will ensure all paperwork and court filings are done in a timely manner.

Should I talk to the insurance company?

No. Insurance companies are out for profit and will try to get you to settle for as little as possible, and they will use anything you say against you. Do not talk to them, sign or agree to anything without knowing your rights. Tell your insurance adjuster to talk to your lawyer and let us handle all negotiations.

What does it cost to hire a brain injury lawyer?

Feroleto Law works on a contingency basis, meaning that we get paid only when you win monetary damages, and costs and fees are paid out of the settlement you receive.

If you have more questions, use a free consultation to get them answered. 

Call Our Brain Injury Lawyers in Buffalo for Help

You Can Trust the Lawyers at Feroleto Law

At Feroleto Law, we know how difficult it is to be dealing with brain injuries, as unemployment and extensive medical costs could result in significant financial harm to you and your family. Therefore, we offer extensive courtroom experience, highly professional legal services, and an unparalleled commitment to you, our client. 

We will investigate to uncover the facts of your accident, calling on our relationships with accident reconstructionists, medical specialists, financial experts, or other experts, as needed. Our preparation is always thorough, which has been central to our success with our clients.

If you or a loved one has suffered a brain injury in the Western New York area, call us today to schedule your free and confidential consultation with a brain injury attorney in Buffalo. We put our clients first, prioritizing building relationships so we can understand your unique circumstances and provide the representation you expect. 

Let us take care of the necessary legal processes while you focus on your recovery. Call us today: 716-854-0700.

Attorney John Feroleto

Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]

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    Watch: Julie’s Personal Injury Story

    Julie, a client of Feroleto Law, talks about her personal injury story and how John was able to help.