585.678.4500

Rochester, NY Brain Injury Lawyer

At Kammholz Law, we promise to put our core values of integrity, creativity, personal service and excellence to work for you. We promise to work hard to get you the compensation you need. As we work to get you that compensation, we are going to ask one promise of you. We are going to ask that you focus on yourself. We want you to keep getting better, to keep healing for your sake and the sake of your family.

Our team has decades of experience handling traumatic brain injury (TBI) cases in New York. We know how serious these injuries can be. We know that even what the doctors label as mild traumatic brain injuries (MTBI) are often life-changing. Our team is here to help.

Advocating on Your Behalf After a Traumatic Brain Injury

If you or a loved one suffered a traumatic brain injury (TBI) due to the negligence of another, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. We are a Rochester-based medical malpractice / negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and holding them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.

Mild Traumatic Brain Injuries

Many mild traumatic brain injuries are not properly diagnosed at first. This is unfortunate, but not surprising. Victims themselves often do not notice the symptoms. Often it is a spouse, a parent, a child or another loved one who notices the memory loss, the changes in personality and the other problems attributed to these injuries.

We strive to get you the treatment you need, while working hard to get you compensation for that treatment and to cover other costs associated with the so-called mild brain injury.

Severe Traumatic Brain Injuries

Victims of severe brain injuries will typically require a lifetime of medical care. They may need adjustments to their homes and to their vehicles, if they retain the ability to drive. All of this is expensive. We work carefully with life care planners to determine just what sort of care is going to be necessary. We work with economists to determine how much that care is going to cost. Then we fight to get you all of the compensation you need.

Statute of Limitations for Brain Injury Claim

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice and/or negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on numerous factors such as: is it a general negligence case (i.e. motor vehicle accident, slip/trip and fall, construction site, premises liability, etc.) or is it a medical malpractice case, who the negligent party is, age of the injured patient, and whether the person passed away as a result of the malpractice or negligence.

If the injury was the result of “general negligence”, the statute of limitations for your claim depends on who the negligent person is – a private citizen/company or state/municipality. The statute of limitations can be as short as one (1) year from the date of the accident or as long as three (3) years from the date of accident. You may also be required to file a “Notice of Claim” with the municipality within ninety (90) days of the incident.

If the injury was the result of medical malpractice, the statute of limitations for your claim depends on a number of factors, including: who the negligent party is, the type of malpractice/negligence, the age of the injured patient, and whether the patient passed away as a result of the malpractice. In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.

There are numerous exceptions to these time frames (especially for injured minors) that may apply to your claim.

Determining the applicable time frame can be confusing, so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee. The exact percentage depends upon what caused the actual amputation (i.e. auto accident vs. medical malpractice, etc.).

In New York, the contingency fee for general negligence cases, such as an auto accident, slip/trip fall and construction accident, is one-third (33.3%) of the total damages paid. Percentage is calculated on the net amount after expenses and disbursements are deducted.

If the injury was caused by medical malpractice/negligence, New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered the fee is 20%. On the next $250,000 recovered the fee is 15%. After that, on any amount recovered over $1,250,000 the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.