Best Brain Injury Lawyers Rochester, NY

Rochester, NY Brain Injury FAQs

• What is the non-emergency contact number for the local police station in Rochester, New York?

  The non-emergency contact number for the Rochester Police Department is 311 or 585-428-6720.

• Where can I get a copy of police reports for incidents related to my case in Rochester, New York?

  Police report copies can be obtained online or by calling the Rochester PD's records department. Online requests can be made by visiting this link: https://police.rochesternh.gov/records-department.html.

• What are the common causes of brain injuries in Rochester?

  In New York, where Rochester is located, car and slip-and-fall accidents are two of the most common causes of brain injuries. Other causes include getting struck by falling objects, boating accidents, assaults, electric shocks, and lightning strikes.

• What is the statute of limitations for filing a brain injury lawsuit in Rochester?

  You have three years from the date of the accident to file a brain injury lawsuit in Rochester. If you discovered your injuries at a later time, the statute of limitations may be extended and will start on the day of the discovery itself. If you fail to file a lawsuit within the three-year timeframe, it may result in the case being dismissed by the court.

• Can you still file a brain injury claim if the accident was partially your fault?

  Rochester follows the pure comparative negligence rule, which means that if you were partially at fault for the accident that resulted in your brain injury, you can still file an injury claim and pursue compensation for your damages. Under this system, the amount of compensation you can recover will be reduced by your percentage of fault.

• Can you file a brain injury lawsuit against a government entity in Rochester?

  Yes, it is possible to file a brain injury lawsuit against a government entity in Rochester. Under the Federal Torts Claims Act, a federal entity may be sued if the case meets the following requirements:

  • The lawsuit is against the US;
  • The lawsuit seeks money for property damage, personal injury, or death;
  • The harm was caused by a federal employee's negligence;
  • The employee caused harm while acting within their job duties;
  • The circumstances make the U.S. government liable as a private person; and
  • The incident occurred in a place where a private person could be held responsible under the law.

• Are there any special rules for brain injury claims involving minors in New York?

  Yes. When pursuing a brain injury claim that involves minors in Rochester, certain provisions and processes are in place to protect their interests. The statute of limitations is generally three years, but for minors, the clock may not start ticking until they reach the age of 18. Additionally, in brain injury cases involving minors, the court may require that any settlement or compensation awarded to the minor be approved by a judge.