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 it 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. The brain-injured person may need continuing care and costly therapy and equipment, or have to be institutionalized. Family members suffer as well, as caring for brain injury victims can be an expensive and exhausting life-long task.
If you or a family member in the Niagara, Buffalo, or New York State area has suffered a serious brain injury, 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.
Brain injury claims can be complicated, and insurance companies will attempt to deny claims and pay out as little as possible. Fortunately, there is help available from the Buffalo brain injury lawyers at Feroleto Law. We have been assisting people in Buffalo and in locations across upstate New York for nearly 40 years. We have extensive experience fighting for the rights of our clients and are fully prepared to deal with insurance companies and their lawyers and to handle all legal requirements needed to win the compensation you deserve.
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 716-854-0700.
Brain Injury Lawyers Understand Traumatic Brain Injuries (TBI)
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 injury. TBI is often the result of the brain colliding with the skull due to different types of impact, such as car accidents, playing sports, or from 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’s 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.
How a Buffalo Brain Injury Attorney Can Help You
Our Attorneys Get to Work Right Away
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.
- Investigate the scene of your accident and acquire evidence such as photos and videos from surveillance or traffic cameras
- Interview witnesses and first responders
- Examine medical, hospital and police records
- Hire 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
- Deal and aggressively negotiate with insurance companies and their lawyers for a fair settlement
- Build your case and take it to court should negotiations break down.
We know what a difficult time it is for you. Rest assured that Feroleto Law will be there for you throughout the entire process, communicating and answering your questions and concerns.
TBI Lawyers Must Prove Negligence
Defendants Should be Held 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 elements:
- 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, if 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, or driving drunk, drowsy, or distracted. 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.
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.
If you or a loved one is the victim of a traumatic brain injury (TBI) as the result of someone else’s carelessness, please call Feroleto Law today.
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 also for your non-economic damages that do not have a specific dollar value.
- 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.
Amounts of Damage Awards
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. Our attorneys will consider all factors and determine what would be a reasonable settlement and will fight for maximum amounts.
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:
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 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.
Yes, New York has a statute of limitations, a strict time limit, for filing a legal case. According to the law (CPLR article 2, Section 214C), 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.
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. Don’t 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.
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.
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. 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, and that has been central to the success we’ve had for 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. Let us take care of the necessary legal processes while you focus on your recovery.
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 ]