Rochester TBI Lawyer

Were you injured in an accident in Rochester, NY that left you with a traumatic brain injury?

At Buttafuoco & Associates, we provide dedicated TBI representation grounded in decades of plaintiff-side trial work.

If you hit your head in a crash or fall in Rochester and later notice headaches, memory lapses, or changes in mood, see a doctor and describe the head impact, even if an emergency room already cleared you. Brain injuries often do not appear on a CT scan, and the medical record created in the first weeks will matter to both your recovery and any claim.

Our attorneys have represented New Yorkers with serious head injuries, spinal damage, and permanent disabilities in courtrooms across the state, and our results include a $4,500,000 recovery in a traumatic brain injury case. Speak with a Rochester, NY TBI lawyer at our firm during a free consultation.

TBI Lawyer Rochester, NY

A traumatic brain injury, or TBI, is damage to the brain caused by a blow, a jolt, or a penetrating wound to the head. A TBI claim seeks compensation from the person or business whose negligence caused that injury, such as a careless driver, a property owner, or a contractor. Even a concussion labeled “mild” can leave lasting problems with memory, concentration, and mood, which is why traumatic brain injuries are among the most heavily disputed claims insurers handle.

Monroe County residents averaged 520 hospitalizations a year for traumatic brain injuries from 2012 through 2014, according to state health department data. That figure counts only admitted patients. Many people with concussions are treated and released the same day, and their injuries can be harder to document later.

Types of TBI Cases We Handle in Rochester

Brain injuries come from many kinds of accidents, and the cause determines who may be held responsible. We build each brain injury case on two tracks at once: proving how the accident happened and documenting how the injury has changed the client’s thinking, work, and daily life.

• Car accidents. Heads strike windows, steering wheels, and door frames in side-impact and rollover crashes, and rapid deceleration can injure the brain without any direct blow. We obtain crash reports, vehicle data, and imaging to connect the collision to the injury.
• Truck accidents. The size and weight of commercial trucks produce forces that often cause moderate and severe brain injuries. These claims can involve the driver, the carrier, and maintenance contractors, each with separate insurance.
• Slip and falls. Falls on ice, stairs, and wet floors are a frequent source of head injuries, particularly among older adults. We identify the property owner responsible and how long the hazard existed.
• Bicycle accidents. Cyclists struck by vehicles frequently suffer head trauma, even when wearing a helmet. We review the driver’s conduct, the road layout, and any video from nearby businesses.
• Pedestrian accidents. People struck at crosswalks and in parking lots often hit their heads on the vehicle or the pavement. Driver distraction and failure to yield are common causes.
• Motorcycle accidents. Riders have little protection in a collision, and head injuries can occur even with an approved helmet. Insurers sometimes try to blame the rider, so early evidence matters.
• Workplace and construction accidents. Falls from ladders and scaffolds and objects dropped from above can cause severe brain trauma. When a party other than the employer is responsible, a claim may proceed alongside workers’ compensation.
• Assaults and negligent security. A property owner that ignores broken locks, poor lighting, or prior incidents may share responsibility when a visitor or tenant is attacked.

Why Choose Buttafuoco & Associates as My TBI Lawyer in Rochester, NY?

Brain injury cases often turn on the value of losses that will continue for decades, and our firm has obtained some of the largest recoveries in New York for clients facing permanent disability.

Experience With Catastrophic and Lifelong Injuries

Mark T. Freeley handles serious and complex accident cases from intake through trial, including serious injury and wrongful death claims. He is admitted to practice in New York, New Jersey, and Florida, and he earned his undergraduate degree in public justice from SUNY Oswego.

Founder Dan Buttafuoco holds the highest recorded settlement ever obtained for a police officer. He is admitted to practice before the United States Supreme Court and the federal Court of Appeals for the Second Circuit.

Because a head injury rarely occurs alone, many of these clients also have orthopedic, spinal, or emotional injuries that we pursue in the same case, drawing on our full experience as a personal injury lawyer in Rochester, NY.

Results in Serious Injury Cases

The results below are among the millions recovered by our firm for clients with life-altering injuries.

• A $43,000,000 recovery for an injured police officer
• A $12,500,000 recovery in a personal injury case involving disability
• A $4,500,000 recovery for a client who suffered a traumatic brain injury

What Is Important to Understand About a TBI Case?

Damages, Liability, and Compensation for TBI Cases

Brain injury damages often extend decades into the future, so they are usually calculated with help from treating physicians, life care planners, and economists. A TBI attorney in Rochester will typically seek compensation for:

• Past and future medical care, including neurology visits, cognitive therapy, and medication
• Long-term or residential care when a catastrophic injury prevents independent living
• Income lost during recovery, plus the lower earnings that follow if the injury rules out a former job or limits working hours
• Home modifications, supervision, and in-home support
• Pain and suffering, including changes in personality, relationships, and enjoyment of life

Liability follows the cause of the injury. Depending on the facts, it may rest with a negligent driver and that driver’s employer, a property owner who ignored a hazard, or a contractor who left a work zone unsafe. When several parties contributed, the insurance coverage available to each of them often determines how much can actually be collected.

Jurors award damages based on what the records prove, so strong medical documentation gathered from the start shapes the value of a TBI claim.

What Is the TBI Case Timeline?

A TBI claim in Rochester usually takes longer than other injury cases because the full effect of the injury may not be clear for many months.

• Emergency care and diagnosis. Treatment often begins at one of the trauma centers serving the region, and Strong Memorial Hospital appears on the state’s list of designated trauma centers as a Level I center for adults and children.
• Neurological and neuropsychological evaluation. Testing measures memory, processing speed, attention, and executive function, and it often takes place months after the accident.
• Investigation and claim. We collect crash or incident reports, witness statements, and video, then present the claim to the insurers involved.
• Lawsuit and discovery. When negotiations stall, we file suit, and both sides exchange records and take depositions. The defense may also schedule its own medical examinations.
• Settlement or trial. Many brain injury cases resolve once the long-term prognosis is established, while others proceed to a jury.

What Are Important Aspects of a TBI Case?

Normal imaging does not mean a normal brain. CT scans and standard MRIs often miss mild traumatic brain injuries, so these cases rely on neuropsychological testing and on testimony from family members, coworkers, and supervisors who noticed changes after the accident.

Deadlines apply even while symptoms are still developing. New York’s general injury statute gives most injured people three years to sue, while families pursuing a wrongful death claim after a fatal brain injury have two years from the date of death under EPTL § 5-4.1.

Insurers point to any gap between the accident and the first doctor’s visit as a sign that something else caused the symptoms, so seeking care quickly is among the most important steps after a TBI.

Age changes the analysis. Older adults are more likely to be hospitalized after a head injury, and their symptoms are often mistaken for other conditions, while children may not show the full effect of an injury until school demands increase. In both situations, a Rochester TBI attorney will want a careful medical history and early documentation of how the person functioned before the accident.

Separately from any lawsuit, adults between 18 and 64 who were injured after age 18 and qualify for Medicaid may be eligible for home and community services through the state’s TBI waiver program.

What Should You Bring to Your TBI Consultation?

Memory problems are common after a head injury, so it helps to write down what you can before meeting with a brain injury lawyer in Rochester and to bring a family member who has seen the changes firsthand.

• Emergency room and hospital discharge records, including any CT or MRI results
• Names of the doctors, therapists, and specialists you have seen since the accident
• A police or incident report, insurance claim numbers, and photographs of the scene
• A short list of changes you or your family have noticed in memory, mood, sleep, or work

The consultation with a Rochester brain injury attorney is free. If a concussion appears to have resolved fully within a few weeks, we will tell you plainly that the claim may be modest.

Reach Out to Buttafuoco & Associates to Schedule a Consultation

Contact us about your head injury, even if a doctor only recently connected your symptoms to the accident. A TBI attorney in Rochester can review the records you have gathered so far. There is no cost for the first consultation. Family members are welcome to reach out on behalf of a loved one whose injury makes the process difficult, and our office can be reached online or by phone to arrange a time.