Did you sustain a traumatic brain injury in an accident in Albany, NY?
At Buttafuoco & Associates, we fight for clients with brain injuries that insurance companies try to dismiss.
If you sustained a traumatic brain injury in an accident and the insurance company is treating it as minor, our Albany, NY TBI lawyer can build the proof these cases require. At Buttafuoco & Associates, we arrange the neuropsychological testing and imaging that document the injury, identify who is responsible, and show that a brain injury is real even when a routine scan looks normal. A concussion is not always mild, and the effects can last for years. We handle the medical and legal work so you can focus on your recovery.
TBI Lawyer Albany, NY
A traumatic brain injury happens when a blow or jolt to the head disrupts normal brain function. It can follow a car crash, a fall, a construction accident, or any impact to the head. A mild traumatic brain injury, often called a concussion, frequently does not appear on a standard CT scan or MRI, yet it can cause lasting problems with memory, concentration, mood, and sleep. Insurance companies use that gap to argue the injury is not serious. Establishing the injury takes the right medical evidence, developed early. Severity ranges widely, from a brief concussion to a catastrophic injury that requires lifelong care, and the same diagnosis can describe very different outcomes.
Approximately 157 traumatic brain injuries occur in New York State every day, according to the Brain Injury Association. Albany residents are injured in the same ways as New Yorkers everywhere: in traffic on the Northway, in falls on icy walkways, and on job sites across the Capital Region. When another party’s negligence caused the injury, our Albany TBI attorneys work to prove both fault and the full extent of the harm.
Types of Traumatic Brain Injury Cases We Handle in Albany
Traumatic brain injuries result from many kinds of accidents. We handle Albany brain injury claims that arise from:
- Car accidents. The sudden force of a collision can slam the head against a window or headrest, or cause the brain to strike the inside of the skull. A high-speed impact is not required, and even a moderate collision can cause a concussion.
- Truck accidents. The size and weight of a commercial truck make severe head trauma more likely in a crash.
- Motorcycle accidents. Riders face a high risk of brain injury even when wearing a helmet, because the head absorbs so much of the impact.
- Slip and fall accidents. A fall onto a hard surface is one of the leading causes of traumatic brain injury, especially among older adults and young children.
- Bus accidents. Passengers on a bus have no seat belts and little protection when a crash throws them forward. Children on school buses and adults on public transit are both at risk.
Why Choose Buttafuoco & Associates as Your TBI Lawyer in Albany, NY?
Proving Brain Injuries That Insurers Dispute
The firm’s attorneys include Dan Buttafuoco, who founded the firm in 1981 and has tried more than 100 cases, and James McCarthy, who has represented clients with brain injuries arising from both accidents and medical negligence. A brain injury claim depends on the strength of the medical evidence, and the firm draws on neuropsychologists, treating physicians, and imaging specialists to document how an injury has changed the way a person thinks and functions. Both attorneys belong to New York’s trial bar, and Mr. Buttafuoco holds national board certification as a civil trial lawyer. Our personal injury lawyer in Albany, NY can pursue every part of the claim.
Recoveries in Brain Injury Claims
Our attorneys have recovered millions of dollars for people with serious injuries, including clients who sustained traumatic brain injuries in traffic collisions. Past results include:
- A $1,900,000 recovery for a man who suffered a traumatic brain injury and a three-month coma after a truck struck him while he was bicycling.
- A $102,510 verdict for a driver who sustained a concussion with lasting post-concussion headaches after a collision.
Prior results do not guarantee a similar outcome.
What Is Important to Understand About a Traumatic Brain Injury Case?
What Are Important Aspects of a Traumatic Brain Injury Case?
The central challenge in a brain injury case is proving an injury that others cannot see. A person with a mild traumatic brain injury may look fine and have a normal CT scan, while struggling with memory, focus, and emotional control. We build the proof several ways:
- Neuropsychological testing that measures memory, attention, and processing speed in objective terms.
- Advanced imaging, such as diffusion tensor imaging, that can reveal damage a standard scan misses.
- Testimony from family, friends, and coworkers about how the person has changed since the accident.
- Records that connect the symptoms to the accident from the first day forward.
The sooner this evidence is gathered, the harder it becomes for an insurer to argue that the injury is unrelated or exaggerated. Gaps in treatment, by contrast, become the insurer’s best argument. Because symptoms can worsen or emerge over time, we continue to document the injury as the client’s condition develops.
What Is the Timeline of a Brain Injury Case?
Every case is different, but most follow a similar path. In the first weeks, we gather medical records, arrange the neuropsychological evaluation, and preserve evidence from the accident scene. We then file the claim and enter discovery, where both sides exchange records and take depositions. Medical and vocational experts assess how the injury affects the client’s ability to work and live independently. Many cases resolve through settlement once the long-term effects are clear, which is why we do not rush to settle a brain injury claim before the prognosis is understood. If the insurer will not offer fair value, the firm is prepared to take the case to trial. We keep the client informed at each stage so there are no surprises along the way.
Damages, Liability, and Compensation in a Brain Injury Case
Liability follows ordinary negligence principles. The party that caused the accident is responsible for the harm that resulted, including a brain injury. Because these injuries can affect a person for life, the compensation can be substantial. It generally covers:
- Past and future medical care, including cognitive and occupational therapy.
- Lost income and lost earning capacity when the injury limits the ability to work.
- The cost of long-term care or assistance with daily activities.
- Pain, suffering, and the loss of the life the person led before the injury.
New York does not cap these damages. If the injured person shares some fault, that reduces the recovery but does not bar it, and most claims must be filed within the three-year filing window for personal injury actions. These cases are typically brought in the Albany County court.
What Should You Bring to a Brain Injury Consultation?
A first meeting is most useful when you bring what you already have: the accident report, any medical records or imaging, a list of the doctors you have seen, and notes on the symptoms you are experiencing. If a family member has noticed changes in your memory, mood, or behavior, it helps for them to come along, because they often see what the injured person cannot. You do not need to gather everything before you call. The first consultation is free, and if the evidence does not support a claim, we will tell you that directly rather than pursue a case that cannot succeed.
Reach Out to Buttafuoco & Associates to Schedule a Consultation
The full cost of a traumatic brain injury often becomes clear only over time. At Buttafuoco & Associates, we account for that long-term cost and build the medical proof these claims require. Contact us to speak with our Albany, NY TBI lawyer about your accident and the options available. The first consultation is free.