BUFFALO BRAIN INJURY LAWYER

A traumatic brain injury (TBI) happens when a sudden impact or external force damages the brain. These injuries can occur in car accidents, falls, sports incidents, violent assaults, workplace accidents, and other traumatic events. TBIs can range from relatively mild concussions to severe injuries that result in permanent disability or loss of life.

Traumatic brain injuries are generally divided into three categories:

• Mild TBI (Concussion): Often involves brief or no loss of consciousness. Symptoms may include headaches, dizziness, confusion, nausea, irritability, or sensitivity to light and noise. In some cases, symptoms may not appear right away.
• Moderate TBI: May involve a longer period of unconsciousness and more serious symptoms, including memory loss, coordination problems, confusion, or difficulty speaking.
• Severe TBI: Can lead to permanent brain damage, extended unconsciousness, or coma. Victims may experience significant cognitive, emotional, and physical impairments.

The symptoms of a TBI can vary depending on the severity of the injury and the part of the brain affected. Common symptoms include headaches, memory problems, trouble concentrating, mood or personality changes, dizziness, blurred vision, and ringing in the ears.

In some cases, traumatic brain injuries an cause lasting complications that affect a person’s ability to work, communicate, manage daily tasks, or maintain relationships. Treatment often begins with emergency medical care and may continue with rehabilitation, therapy, and long-term support services.

If you believe that you are exhibiting any symptoms following a trauma in Buffalo, New York, it’s important to take immediate action to ensure your health and safety. Here’s what you should do:

Seek Medical Attention Right Away

Even if symptoms seem mild or develop later, you should see a doctor as soon as possible. A medical professional can evaluate your condition and order diagnostic tests, such as a CT scan or MRI, to properly identify the injury. Delaying treatment may increase the risk of complications or allow the injury to worsen.Monitor Your Symptoms

Keep track of any symptoms you experience, including headaches, dizziness, confusion, nausea, blurred vision, memory problems, or mood changes. Be aware that symptoms may not appear immediately after the accident and could worsen over time.

Rest and Recover

Give your brain time to heal by getting plenty of rest. This includes both physical rest (avoiding activities like exercise) and mental rest (limiting screen time and activities that require focus, like reading or working). 

Follow Up With Your Doctor

Following your initial medical evaluation, it’s important to continue following your doctor’s treatment plan and attend any recommended follow-up appointments. Because traumatic brain injuries can cause long-term complications, ongoing care and monitoring may play an important role in the recovery process.

Contact Morgan & Morgan

If the brain injury was caused by an accident that was not your fault, it may be beneficial to speak with a personal injury attorney. An attorney can help evaluate whether you may be entitled to compensation for medical expenses, lost income, pain and suffering, and other damages.

Morgan & Morgan handles a variety of traumatic brain injury (TBI) cases, advocating for victims who have sustained injuries due to the negligence of others. Here are some common types of TBIs in Buffalo, New York:

Concussions (Mild TBI):

The most common type of brain injury, concussions, often result from blows to the head, falls, or accidents like car crashes. Although many people fully recover from concussions, some individuals may continue to experience symptoms that interfere with daily life, including headaches, dizziness, and difficulty concentrating.

Contusions (Bruises to the Brain):

A contusion is a bruise on the brain tissue caused by a blow or impact. It can lead to swelling and bleeding in the brain, requiring prompt medical treatment to prevent further damage.

Coup-Contrecoup Injuries:

This type of injury occurs when the brain forcefully moves within the skull, causing damage both at the point of impact and on the opposite side of the brain. Common in car accidents and falls, these injuries can result in widespread brain damage.

Diffuse Axonal Injury (DAI):

DAI occurs when the brain experiences a violent shaking or twisting motion, causing the brain’s nerve fibers (axons) to tear. This type of injury is commonly associated with high-speed impacts, such as car accidents, and may lead to serious long-term impairment or even a coma.

Penetrating Brain Injuries:

Penetrating brain injuries occur when an object, such as metal, glass, or another sharp object, breaks through the skull and enters the brain tissue. These injuries can cause severe damage and may result in long-term cognitive, physical, and emotional impairments.

Brain Hemorrhages (Bleeding):

A brain hemorrhage occurs when a blood vessel in the brain bursts, leading to internal bleeding. This type of injury can be life-threatening and requires immediate medical attention to prevent further complications. It may result from a serious fall or a high-impact accident.

Subdural Hematoma:

A subdural hematoma occurs when blood collects between the brain and its outer protective covering, often as a result of a head injury. As blood builds up, it can place dangerous pressure on the brain and lead to serious complications.

Epidural Hematoma:

This occurs when blood collects between the skull and the outer layer of the brain, typically after a head injury. It can lead to rapid brain swelling and requires immediate surgical intervention to avoid life-threatening consequences.

Chronic Traumatic Encephalopathy (CTE):

Although chronic traumatic encephalopathy (CTE) is more commonly linked to repeated head trauma in athletes and military personnel, it may also develop after a single severe traumatic brain injury. CTE is associated with long-term cognitive decline, memory loss, and mood changes, and it can currently only be definitively diagnosed after death.

A TBI lawsuit can be filed by various parties, depending on the situation and the individual’s circumstances. Here’s a breakdown of who can file a TBI lawsuit in Buffalo, New York:

The TBI Victim (Injured Party)

• Primary claimant: The individual who directly suffers a traumatic brain injury because of an accident or another party’s negligence is generally the primary person who may file a lawsuit. They may pursue compensation for losses such as medical bills, lost income, pain and suffering, and expenses related to ongoing treatment or long-term care.
• Important note: If the injured person is able to do so, they must file the lawsuit within the applicable statute of limitations for personal injury claims in their jurisdiction. Failing to file within the required deadline may prevent them from pursuing compensation.

Family Members (In Cases of Severe Injury or Death)

• Spouse: In cases of severe TBI where the victim cannot file a lawsuit themselves due to physical or cognitive impairments, a spouse may file a lawsuit on their behalf, particularly for claims related to loss of companionship or emotional distress.
• Parents: In cases involving minors, a parent or legal guardian may file a traumatic brain injury lawsuit on the child’s behalf. These claims can seek compensation for medical care, future treatment needs, pain and suffering, and other related damages.
• Children: If the traumatic brain injury victim passes away, surviving children or other eligible family members may be able to file a wrongful death lawsuit. These claims may seek compensation for loss of financial support, funeral and burial expenses, and other related damages.

Legal Guardians or Conservators

• Guardianship: If the TBI victim is incapacitated and cannot manage their own legal affairs due to the severity of the injury (e.g., being in a coma or having severe cognitive impairments), a legal guardian or conservator may be appointed to file the lawsuit on their behalf.

Estate Representatives

Executor of the estate: In the tragic event that the TBI victim passes away due to their injury, the executor or administrator of the estate may file a wrongful death lawsuit on behalf of the deceased. This is usually handled by the person named in the victim’s will or, if no will exists, by an individual appointed by the court.

The signs and symptoms of a brain injury can vary depending on the type and severity of the injury, whether mild, moderate, or severe. Some symptoms may appear immediately after a head injury, while others can develop gradually over the following hours or days. Common signs and symptoms to watch for include:

Physical Symptoms

• Headache: A persistent or severe headache is one of the most common symptoms after a brain injury.
• Nausea or vomiting: Nausea or vomiting after a head injury may be a sign of a concussion or a more serious brain injury.
• Dizziness or balance problems: Difficulty walking or coordinating movements, along with dizziness, lightheadedness, or balance problems.
• Fatigue or drowsiness: Feeling excessively tired, lethargic, or struggling to stay awake.
• Sensitivity to light or noise: Increased sensitivity to bright lights or loud sounds, often seen with concussions or mild TBIs.
• Blurred vision or double vision: Difficulty seeing clearly or experiencing double vision.
• Ringing in the ears (tinnitus): Hearing ringing, buzzing, or other noises in the ears.
• Seizures: In more serious traumatic brain injuries, a person may experience seizures or convulsions.
• Loss of consciousness: A brief or prolonged loss of consciousness after an impact or injury to the head.
• Swelling or tenderness at the injury site: Bruising or swelling around the head, face, or neck area.

Cognitive Symptoms

• Confusion or disorientation: Feeling confused, mentally foggy, or unable to focus. This may also include trouble remembering information or events that occurred immediately before or after the injury.
• Memory loss (amnesia): Difficulty remembering things, especially immediately before or after the injury.
• Difficulty concentrating or thinking clearly: Trouble staying focused, thinking through tasks, or processing information.
• Slow thinking or processing: A noticeable delay in response times or difficulty following conversations.

Emotional and Behavioral Symptoms

• Mood swings: Irritability, frustration, or experiencing sudden emotional changes.
• Anxiety or depression: Feelings of anxiety, depression, or overwhelming sadness, which may be a result of the injury or a change in brain function.
• Personality changes: A noticeable change in behavior, including impulsive actions, social withdrawal, or uncharacteristic aggression.
• Sleep disturbances: Trouble falling asleep, staying asleep, or sleeping too much. Some individuals may also experience disturbed sleep cycles.

Severe Symptoms (Emergency Signs)

• Severe headache or worsening pain: If a headache becomes progressively worse, it could signal swelling or bleeding in the brain.
• Loss of consciousness for an extended period: Prolonged unconsciousness, confusion, or a coma after an injury is a serious sign of a severe brain injury.
• Weakness or numbness in limbs: Loss of strength or feeling on one side of the body, or difficulty moving a limb, may indicate nerve damage or brain injury.
• Clear fluids or blood leaking from the nose or ears: This could be a sign of a skull fracture or other severe injury.
• Slurred speech or difficulty speaking: Trouble speaking, slurred speech, or difficulty understanding language.

Uncontrolled bleeding or bruising: Profuse bleeding or bruising around the head or face, particularly if accompanied by symptoms of confusion or dizziness.

Young children and infants may not be able to clearly communicate their symptoms after a head injury. Parents and caregivers should watch for signs such as:

• Excessive crying or unusual irritability
• Changes in eating or sleeping habits
• A bulging soft spot (fontanel) on an infant’s head
• Behavioral changes, including lethargy or reduced interaction
• Trouble walking, balancing, or maintaining coordination

If you or someone else exhibits any of the following signs after a head injury, it's critical to seek immediate medical help:

• Persistent or worsening headaches
• Seizures
• Loss of consciousness (even briefly)
• Severe confusion or disorientation
• Difficulty breathing or swallowing
• Clear fluid draining from the ears or nose
• Unexplained vomiting or worsening nausea
• Any other unusual or severe symptoms

If you believe you may have suffered a brain injury, even a minor one, it’s important to seek prompt medical care. Early evaluation and treatment may help prevent long-term complications and improve the chances of recovery.

Traumatic brain injuries can result from a variety of accidents or incidents, typically involving a sudden blow or jolt to the head that causes damage to the brain. Here are some of the common causes of TBIs:

Motor Vehicle Accidents

Collisions involving cars, trucks, or motorcycles are a leading cause of TBIs. The impact of a crash can cause the brain to hit the skull or be violently shaken.

Airbag deployment can also be a contributing factor. There can be multiple points of impact to the head during a car accident. For instance, the head can strike the interior of the vehicle and then receive a second blow from the airbag. There may also be an acceleration/deceleration motion of the head (whiplash), followed by airbag deployment that can cause TBI symptoms.

When pedestrians are struck by vehicles, it can lead to serious head injuries, especially if the person is thrown to the ground or strikes their head on the road or vehicle.

Bike riders involved in crashes are also at high risk for TBIs, especially if they are not wearing helmets.

Falls

Falls are among the most common causes of traumatic brain injuries, particularly for older adults and young children. Serious head trauma can occur after falls involving ladders, stairways, playground equipment, or other elevated surfaces.

Workers in construction and other high-risk industries may face an increased risk of brain injuries from falls, heavy equipment accidents, and other dangerous job site conditions.

Sports Injuries

Sports such as football, soccer, hockey, and boxing carry a high risk of traumatic brain injuries due to collisions, falls, and impacts from equipment like balls, pucks, or bats.

Traumatic brain injuries can also occur in non-contact sports, including gymnastics, cycling, and skateboarding, where falls or direct blows to the head may result in serious injury.

Violence and Assaults

Violent crimes, including assaults where the victim is struck on the head or involved in a fight, can cause TBIs. This can include blows with fists, weapons, or other objects.

Penetrating injuries from firearms can lead to severe brain damage and are among the most serious causes of TBI.

Military and Combat Injuries

Military personnel may suffer traumatic brain injuries from explosions, landmines, shrapnel, and other combat-related incidents. Blast shockwaves can cause serious brain injuries even when there is no direct impact to the head.

Service members may also experience head trauma from blunt force impacts, vehicle accidents, or training-related incidents during military operations.

Workplace Accidents

In industries where workers are exposed to heavy machinery, tools, and equipment, falls, collisions, or being struck by falling objects can cause serious head injuries.

Medical Malpractice

Errors during surgery, particularly brain or spinal cord procedures, can result in TBIs.

In some cases, medical negligence, such as failing to diagnose a brain injury early, can lead to worsening of the injury and long-term damage.

Domestic Violence

Victims of domestic violence, especially women and children, are at risk for head trauma caused by being struck or beaten. These injuries can cause long-lasting brain damage.

Traumatic brain injuries can occur in many different situations and often happen without warning. Seeking prompt medical attention is important if you suspect a brain injury, as early diagnosis and treatment may help reduce complications and improve recovery outcomes.

If the injury was caused by another party’s negligence or reckless behavior, speaking with an experienced attorney can help you better understand your legal options for pursuing compensation.

When a traumatic brain injury occurs due to someone else’s negligence or wrongdoing, various parties may be held legally responsible. Determining liability depends on how the injury happened and who had a duty of care to prevent harm. Below are some of the potentially liable parties in a TBI case:

Negligent Drivers & Vehicle Owners

If a traumatic brain injury was caused by a car, truck, motorcycle, bicycle, or pedestrian accident, the driver responsible for the crash may be held liable.

In some cases, employers of commercial drivers, such as trucking companies, may also be responsible if the employee caused the accident while performing job-related duties.

Property Owners & Businesses

If a slip and fall accident or another premises-related injury led to a TBI, the property owner or business may be liable under premises liability laws.

Examples include unsafe stairs, poor lighting, wet floors, and falling objects in stores, restaurants, workplaces, and apartment buildings.

Employers & Companies (Workplace Accidents)

Employers may be held responsible for traumatic brain injuries when unsafe workplace conditions contribute to an accident. In construction and industrial settings, workers can suffer serious head injuries from falling objects, defective equipment, unsafe scaffolding, and other hazardous conditions.

Workers’ compensation benefits may help cover medical expenses and lost wages after a workplace injury. However, a separate third-party claim may also be possible if another party’s negligence, such as that of a subcontractor or equipment manufacturer, contributed to the accident.

Sports Organizations & Schools

Schools, colleges, and professional sports leagues may be liable if coaches, trainers, or organizations fail to protect athletes from concussions or TBIs.

Inadequate safety protocols, failure to provide proper helmets, and allowing players to return to play too soon after a head injury can lead to liability.

Manufacturers of Defective Products

If a faulty helmet, airbag, seatbelt, or other defective product contributed to a brain injury, the manufacturer could be held responsible under product liability laws.

Examples may include defective motor vehicles, faulty workplace safety equipment, and dangerous or malfunctioning medical devices.

Medical Professionals & Hospitals (Medical Malpractice)

Doctors, nurses, and hospitals can be liable for TBIs caused by medical errors, such as:

• Surgical mistakes affecting the brain.
• Misdiagnosis or delayed diagnosis of a brain injury leading to worsening conditions.
• Birth injuries occur when improper delivery techniques result in brain damage to newborns.

Property Managers & Landlords

If a tenant or visitor suffers a TBI due to unsafe living conditions (such as broken staircases, poor lighting, or lack of security leading to an assault), the landlord or property manager could be held responsible.

Perpetrators of Violence & Assault

Individuals who physically assault someone, such as in cases of domestic violence, bar fights, or armed robberies, can be held criminally and civilly liable for causing a TBI.

If the assault took place on commercial property, such as a bar or nightclub with inadequate security measures, the business may also share responsibility for the incident.

Government Entities & Municipalities

If a brain injury was caused by poorly maintained roads, defective traffic signals, or hazardous public property, a city, county, or state government may be liable.

Government entities may also be responsible for police misconduct or excessive force leading to a head injury.

Nursing Homes & Assisted Living Facilities

Elderly residents can suffer TBIs due to falls, neglect, or physical abuse in nursing homes.

If staff fail to provide proper supervision or safety measures, the facility may be responsible.

If you or a loved one suffered a TBI due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and long-term care. Morgan & Morgan’s experienced brain injury attorneys can investigate your case, determine liability, and fight for the justice you deserve.

Filing a traumatic brain injury (TBI) lawsuit is a complex process that requires careful preparation, strong evidence, and experienced legal representation. Below is an overview of what to expect when pursuing a claim with Morgan & Morgan.

Seek Medical Attention

If you suspect a brain injury, seek medical attention immediately. A diagnosis from a healthcare professional can help protect your health and may also serve as important evidence in your case. Because brain injuries can worsen over time, early treatment is critical.

Contact Morgan & Morgan

An experienced TBI attorney can evaluate your case, determine liability, and discuss potential compensation. Morgan & Morgan offers free case evaluations, and we work on a contingency fee basis, meaning you do not pay unless we win.

Investigation and Evidence Collection

Building a strong case requires gathering key evidence, which may include:

• Medical records and doctors’ opinions on the severity of your injury
• Accident reports from law enforcement, workplace incidents, or other official sources
• Statements from witnesses who observed the incident
• Surveillance footage, photographs, or other available video evidence
• Testimony from experts, such as neurologists or accident reconstruction specialists

Filing the Lawsuit

Once enough evidence has been gathered, your attorney may file a formal complaint against the party believed to be responsible. This legal document explains how the injury occurred, identifies the alleged liable party, and outlines the damages being sought. After the complaint is filed, the defendant is given a set amount of time to respond.

Discovery Process

During discovery, both sides exchange evidence and gather further information. This process may involve:

• Depositions, where witnesses and experts provide sworn testimony
• Interrogatories, which are written questions that the opposing party must answer
• Requests for documents, such as medical records, accident reports, or insurance policies

Discovery allows both parties to assess the strength of the case and may lead to settlement discussions.

Settlement Negotiations

Most TBI cases are resolved through settlement rather than trial. The attorneys on both sides will negotiate a potential agreement, often involving the at-fault party’s insurance company. The goal is to secure fair compensation for medical expenses, lost wages, pain and suffering, and other damages. Morgan & Morgan works to pursue compensation that fully reflects the extent of your losses and will not recommend accepting a settlement that falls short of adequately addressing your damages.

Trial (If Necessary)

If a settlement cannot be reached, the case will proceed to trial. A judge or jury will hear the evidence and determine whether the defendant is liable and, if so, how much compensation should be awarded. At trial, your attorney will present expert testimony, medical records, and other evidence to prove the extent of your injury and the impact it has had on your life.

Receiving Compensation

If the case is won at trial or settled beforehand, you will receive compensation for damages such as:

• Medical expenses, including future care needs
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term rehabilitation and disability accommodations
• Loss of enjoyment of life (impairment of daily activities & relationships)
• Punitive damages (for cases involving reckless or intentional harm)

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It’s important to file your claim promptly to help protect your legal rights. Missing the applicable statute of limitations could result in your case being dismissed and may prevent you from recovering compensation for your injuries.

Because filing deadlines can vary based on the state and the specific circumstances of the case, it’s important to speak with a personal injury attorney as soon as possible after the incident. An attorney can help you understand the applicable timeline and work to ensure your claim is filed properly and within the required deadline.

Yes, you can still file a claim if your symptoms appear weeks or months after the accident. TBIs can have delayed symptoms, and it is not uncommon for victims to experience cognitive, emotional, or physical impairments long after the initial injury. The ability to file a claim will depend on a few key factors:

Statute of Limitations

Each state sets deadlines for filing personal injury lawsuits, known as statutes of limitations. The amount of time you have to file a brain injury claim can vary depending on where the injury occurred and the specific circumstances of your case.

In some situations, exceptions may apply, particularly if symptoms were delayed or the injury was not immediately discovered. If you did not realize the full extent of your brain injury right away, an attorney can help you understand how filing deadlines may apply to your case.

Medical Documentation

Even if you did not seek medical attention immediately after the accident, you may still be able to pursue a case. A medical professional can evaluate your symptoms and determine whether they may be connected to the incident. Medical records documenting your symptoms and their progression can play an important role in supporting your claim.

Proving Causation

To succeed in a TBI claim, you must prove that your brain injury was caused by the accident in question. This can be more challenging if significant time has passed, but an experienced attorney can use medical evaluations, expert testimony, and other evidence to establish a clear connection.

Insurance Company Challenges

Insurance companies may try to argue that your symptoms are unrelated to the accident, especially if there was a delay in diagnosis. An attorney can help counter these arguments by gathering strong medical and expert evidence to support your claim.

Contact Morgan & Morgan

Morgan & Morgan has experience handling complex brain injury cases, including claims where symptoms may not appear right away. Our legal team can review medical records, consult with experts, and evaluate the circumstances surrounding your injury to help you better understand your legal options.

Morgan & Morgan works on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you have developed symptoms of a brain injury after an accident, do not wait. Contact us today for a free case evaluation to discuss your legal options.

If your loved one is in a coma due to a traumatic brain injury, it is a devastating and challenging situation that requires immediate medical and legal attention. 

A coma is a serious medical condition that requires intensive care. Depending on the severity of the brain injury, your loved one may need:

• Emergency treatment to stabilize their condition and reduce brain swelling.
• Long-term hospitalization in a neuro-intensive care unit (ICU).
• Rehabilitation, if they regain consciousness, including physical therapy, speech therapy, and cognitive rehabilitation.

If your loved one’s injury was caused by another party’s negligence, such as in a car accident, workplace incident, medical malpractice case, or violent act, you may have the right to pursue a traumatic brain injury lawsuit on their behalf.

If your loved one is in a coma, however, they cannot file a claim themselves. In many cases, a legal guardian, spouse, parent, or other family member can step in to pursue legal action on their behalf. If no guardian has been legally designated, you may need to petition the court to become their representative.

If your loved one does not survive the coma, surviving family members may be eligible to file a wrongful death lawsuit against the responsible party. A wrongful death claim may seek compensation for funeral and burial expenses, loss of financial support, and the emotional impact on the family.

Most importantly, an experienced legal advocate at Morgan & Morgan in Buffalo, New York, can assist you in navigating this complex legal process, fighting for the compensation you need and deserve.

Whether your TBI case goes to trial or is settled out of court depends on several factors, including the strength of your evidence, the willingness of the at-fault party to negotiate, and the complexity of your claim. Below is an overview of what to expect in both scenarios.

Settlement: The Most Common Outcome

Most personal injury cases, including TBI claims, are settled out of court through negotiations between your attorney and the defendant’s insurance company. A settlement can provide compensation without the need for a lengthy and stressful trial.

Why Settle?

• Faster resolution: Settlements typically take months rather than years.
• Lower risk: Trials are unpredictable, and a settlement guarantees compensation.
• Less stress: Avoiding court can ease the emotional and financial burden.

When a Settlement Might Not Be Possible

• The insurance company refuses to offer fair compensation for medical expenses, lost wages, and pain and suffering.
• There is a dispute over liability, and the defendant denies responsibility.
• Your damages are extensive and ongoing, requiring long-term medical care and financial support.

Going to Trial: When It Becomes Necessary

If a fair settlement cannot be reached, your case may proceed to trial. In this situation:

• Both sides will present evidence and witness testimony before a judge and jury.
• Your attorney will argue why the defendant is liable and why you deserve compensation.
• A jury will decide the case and determine how much compensation you should receive.

When a Trial May Be Necessary

In some brain injury cases, going to trial may be the best option when:

• The settlement offer does not fairly reflect the extent of the victim’s injuries and losses
• The case involves serious negligence or corporate wrongdoing that should be held publicly accountable
• The defense refuses to accept responsibility for the injury

If you or a loved one suffered a brain injury, Morgan & Morgan can evaluate your case and help determine the best path forward. Contact us today for a free case evaluation to discuss your legal options.

You may still be able to recover compensation even if you were partially at fault for the accident that caused your traumatic brain injury. However, the laws in your state may affect whether you can recover damages and the amount of compensation that may be available.

Some states reduce compensation based on your percentage of fault, while others may limit recovery if you are found primarily responsible for the accident. In certain states, being even partially at fault could impact your ability to recover compensation.

Fault is often determined by reviewing evidence such as accident reports, witness statements, medical records, video footage, and expert testimony.

Insurance companies may try to place more blame on injured victims to reduce payouts. An experienced brain injury attorney can help protect your rights and push back against unfair fault claims.

Even if you believe you were partially responsible for the accident, it’s important to speak with an attorney before assuming you are ineligible for compensation.

No. Consultations at Morgan & Morgan in Buffalo are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,000 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex brain injury cases.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the legal process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no up-front fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Brain injury cases can be complex and often involve extensive medical evidence, long-term treatment needs, and significant financial losses. Morgan & Morgan has more than 1,000 attorneys nationwide and has recovered over $30 for clients.

Our attorneys have experience handling serious injury cases and understand the profound impact a traumatic brain injury can have on victims and their families. We work to build strong claims that take into account both current losses and future medical and financial needs.

Morgan & Morgan handles brain injury cases on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you believe someone else’s negligence caused your injury, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.