Brooklyn Brain Injury Lawyer

A traumatic brain injury can change your life in an instant. Whether you suffered a brain injury in a Brooklyn car accident, construction site incident, or slip and fall in Brooklyn, the physical, emotional, and financial consequences can overwhelm you and your family. At Parker Waichman LLP, our Brooklyn brain injury lawyers understand the devastating impact these injuries have on victims and their loved ones. With over three decades of experience and more than $2 billion recovered for injury victims, our legal team fights to get you the compensation you need for medical care, rehabilitation, lost income, and the long-term support required after a traumatic brain injury.

If you or a loved one suffered a brain injury due to someone else’s negligence in Brooklyn, contact Parker Waichman LLP today for a free consultation. We work on a contingency fee basis. This means you pay no fees unless we recover compensation for you.

How Parker Waichman LLP Helps Brain Injury Victims

At Parker Waichman LLP, we have represented brain injury victims throughout Brooklyn and New York for over three decades. Our legal team understands the complex medical and legal issues involved in traumatic brain injury cases. We have the resources and experience to take on insurance companies, corporations, and other powerful defendants.

• Thorough Case Investigation and Evidence Collection: We conduct comprehensive investigations into the circumstances of your accident. Our team gathers police reports, medical records, witness statements, surveillance footage, and other evidence needed to prove liability and damages. We work quickly to preserve evidence before it disappears.
• Working with Medical Professionals and Life Care Planners: Brain injury cases require testimony from medical professionals and experts who can explain the nature and extent of your injuries, your prognosis, and your future medical needs. We work with neurologists, neuropsychologists, rehabilitation professionals, and life care planners who provide opinions supporting your claim.
• Calculating the Full Extent of Damages: We make sure your claim accounts for all current and future losses. This includes working with economists to calculate lost earning capacity, consulting with life care planners to project future medical costs, and thoroughly documenting all ways your injury has affected your life.
• Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts to brain injury victims. Our attorneys have extensive experience negotiating with insurance adjusters. We will not accept inadequate settlement offers. We fight for full and fair compensation that addresses all your needs.
• Trial Preparation and Litigation: While many brain injury cases settle before trial, we prepare every case as if it will go to court. Our trial attorneys have successfully litigated complex personal injury cases. We are ready to present your case to a jury if necessary to get fair compensation.
• Contingency Fee Basis: We represent brain injury victims on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. This arrangement allows you to access experienced legal representation without upfront costs or financial risk.

Parker Waichman LLP has recovered over $2 billion for injury victims. Our founding partner, Jerrold S. Parker, holds an AV Preeminent rating from Martindale-Hubbell. He has been recognized in Best Lawyers in America for Mass Tort Litigation and Class Actions from 2010 through 2026. Partner Melanie H. Muhlstock has been named to The National Trial Lawyers Top 100 Trial Lawyers List annually since 2014.

We maintain offices throughout New York, including a Brooklyn office at 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor. This makes it convenient for Brooklyn residents to meet with our legal team.

Understanding Traumatic Brain Injuries in Brooklyn

A traumatic brain injury (TBI) occurs when an external force causes damage to the brain. This damage can result from a direct blow to the head, a penetrating injury, or violent shaking that causes the brain to move within the skull.

TBI Statistics

According to the Centers for Disease Control and Prevention (CDC), there were 214,110 TBI-related hospitalizations in 2020. Additionally, traumatic brain injuries contribute to approximately 190 deaths daily in the United States (69,473 deaths in 2021).

Traumatic brain injuries vary significantly in severity and impact. Medical professionals continue to refine how these injuries are understood and classified. The National Institute of Neurological Disorders and Stroke (NINDS) notes that each brain injury is different. The effects can range from temporary symptoms to permanent, life-altering disabilities.

TBI in Brooklyn, New York

Brooklyn’s dense urban environment, busy streets, and active construction industry create numerous situations where catastrophic injuries can occur. From pedestrian accidents on crowded sidewalks to construction site incidents and motor vehicle collisions, Brooklyn residents face daily risks that can result in life-altering brain injuries. Personal injury claims in Brooklyn often involve these types of severe injuries.

Immediate medical attention is critical after any head injury. Even if symptoms seem mild initially, brain injuries can worsen without proper treatment. Medical professionals can assess the extent of your injury, provide necessary treatment, and document your condition. This documentation becomes important if you pursue legal action.

Common Causes of Brain Injuries in Brooklyn

Traumatic brain injuries in Brooklyn result from various types of accidents and incidents. Understanding how these injuries occur helps identify liable parties and build strong legal claims.

• Motor Vehicle Accidents: Car accidents, truck collisions, and motorcycle crashes rank among the leading causes of traumatic brain injuries in Brooklyn. The force of impact in these accidents can cause the brain to strike the inside of the skull. This results in bruising, bleeding, and tissue damage. Brooklyn’s congested streets and highways see thousands of accidents each year. Many result in serious head injuries that require immediate intervention from a Brooklyn accident lawyer.
• Slip and Fall Accidents: Falls account for approximately 47% of all TBI-related emergency room visits, according to CDC data. In Brooklyn, slip and fall accidents occur in apartment buildings, retail stores, restaurants, subway stations, and on poorly maintained sidewalks. Property owners who fail to maintain safe premises can face liability when their negligence causes brain injuries. Premises liability claims often arise from these dangerous conditions.
• Construction Site Accidents: Brooklyn’s ongoing development and construction activity create hazardous work environments. Construction workers face risks from falls from heights, falling objects, scaffolding collapses, and equipment accidents. These incidents frequently result in traumatic brain injuries, even when workers wear protective equipment. New York’s Labor Law Section 240 provides important protections for injured construction workers.
• Workplace Injuries: Beyond construction sites, workplace accidents in warehouses, factories, and other Brooklyn businesses can cause brain injuries. Falling merchandise, equipment malfunctions, and workplace violence all pose risks to workers. Workers’ compensation claims may provide benefits, but third-party liability claims can offer additional compensation.
• Pedestrian and Bicycle Accidents: Brooklyn’s streets see heavy pedestrian and bicycle traffic. When drivers fail to yield, run red lights, or drive distracted, they can strike pedestrians and cyclists. This causes severe head trauma. Pedestrian accident victims often suffer the most severe injuries due to the lack of protection.
• Medical Malpractice: Surgical errors, anesthesia mistakes, birth injuries, and delayed diagnosis can all result in brain damage. When medical professionals fail to meet accepted standards of care, they can face liability for resulting brain injuries from medical malpractice. Also, birth injury cases involving oxygen deprivation can cause permanent brain damage to newborns.
• Assault and Violence: Intentional acts of violence, including assaults and domestic violence, can cause traumatic brain injuries. Victims of violent crimes may pursue civil claims against perpetrators. In some cases, they can also pursue claims against property owners who failed to provide adequate security.

Signs and Symptoms of Traumatic Brain Injuries

Some individuals experience relatively brief symptoms following a brain injury. Others face persistent complications that last months, years, or a lifetime. The severity and duration of symptoms depend on numerous factors. These include the nature of the injury, the area of the brain affected, the individual’s overall health, and the quality of medical care received.

Immediate Symptoms

Recognizing the signs of a traumatic brain injury is critical for getting prompt medical treatment and protecting your legal rights. Brain injury symptoms can appear immediately after an accident or develop gradually over hours, days, or even weeks. The Brain Injury Association of America provides comprehensive information about TBI symptoms and recovery.

Immediate Physical Symptoms:

• Loss of consciousness (from seconds to hours)
• Persistent headaches or headaches that worsen
• Nausea and vomiting
• Dizziness and loss of balance
• Blurred vision or dilated pupils
• Sensitivity to light and sound
• Ringing in the ears
• Fatigue and drowsiness
• Slurred speech

Immediate Cognitive and Mental Symptoms:

• Confusion and disorientation
• Memory problems
• Difficulty concentrating
• Feeling dazed or stunned
• Mood changes and irritability
• Anxiety and depression

Long-Term Effects

Many traumatic brain injury victims experience symptoms that persist for months or years after their initial injury. These long-term effects can include:

• Chronic cognitive impairment affecting memory, attention, and problem-solving abilities
• Personality changes and emotional instability
• Seizures and epilepsy
• Motor skill difficulties and coordination problems
• Speech and language disorders
• Chronic pain and persistent headaches
• Sleep disorders
• Increased risk of neurodegenerative diseases

Some individuals develop post-concussion syndrome. They experience symptoms that last for weeks or months after a traumatic brain injury. Others face permanent disabilities that require lifelong medical care and support. These severe outcomes often qualify as catastrophic injuries under New York law.

Even if you feel fine after hitting your head, you should get a medical evaluation. Some brain injuries do not produce immediate symptoms. However, delayed treatment can lead to complications and worsen outcomes. Medical documentation also establishes a clear connection between your accident and your injuries. This creates critical evidence for any personal injury claim.

How Brain Injuries Impact Your Life

A traumatic brain injury affects every aspect of your life and the lives of your family members. The consequences extend far beyond the initial medical treatment. They create challenges that can last for years or even a lifetime.

• Medical Expenses: Brain injury treatment often requires emergency care, hospitalization, surgery, diagnostic imaging, and intensive care. Following initial treatment, many victims need ongoing medical care. This includes neurological consultations, physical therapy, occupational therapy, speech therapy, and psychological counseling. These medical expenses can quickly reach hundreds of thousands or even millions of dollars over a lifetime. Understanding the full scope of damages in personal injury cases helps victims pursue adequate compensation.
• Lost Wages and Reduced Earning Capacity: Many brain injury victims cannot return to work during recovery. Some never regain the ability to perform their previous jobs. Cognitive impairments, physical limitations, and emotional challenges can permanently reduce your earning capacity. This affects your financial security for the rest of your life. Economic damages in brain injury cases must account for both past and future lost income.
• Need for Long-Term Care: Severe traumatic brain injuries may require long-term or lifelong care. Some victims need assistance with daily activities, nursing care, or placement in assisted living facilities. The cost of this care adds substantially to the financial burden families face. Life care planners help calculate these future expenses in catastrophic injury claims.
• Impact on Family Relationships: Brain injuries can change personalities, affect emotional regulation, and create communication difficulties. These changes strain marriages, parent-child relationships, and friendships. Family members often become caregivers. They sacrifice their own careers and personal lives to support their injured loved one.
• Loss of Independence: Many brain injury victims lose the ability to drive, live independently, or participate in activities they once enjoyed. This loss of independence affects quality of life. It can lead to depression and social isolation.
• Emotional Trauma: Beyond the physical injuries, traumatic brain injuries often cause significant emotional and psychological trauma. Victims may experience depression, anxiety, post-traumatic stress disorder, and difficulty adjusting to their new limitations.

These devastating consequences underscore the importance of pursuing full and fair compensation. The money recovered in a brain injury claim helps pay for necessary medical care, replaces lost income, and provides financial security for the future.

Compensation Available for Brooklyn Brain Injury Victims

New York law allows brain injury victims to pursue compensation for all losses resulting from their injuries. The damages available in your case depend on the circumstances of your accident and the severity of your injuries.

• Past and Future Medical Expenses: You can recover compensation for all medical treatment related to your brain injury. This includes emergency care, hospitalization, surgery, rehabilitation, therapy, medications, medical equipment, and future medical care. Your attorney will work with medical professionals and life care planners to calculate the full cost of your future medical needs.
• Rehabilitation and Therapy Costs: Many brain injury victims require extensive rehabilitation. This includes physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, and psychological counseling. These ongoing costs can continue for years. They should be included in your claim.
• Lost Wages and Loss of Earning Capacity: You can recover compensation for income lost while recovering from your injury. If your brain injury prevents you from returning to your previous job or reduces your ability to earn income, you can also recover compensation for diminished earning capacity. Economic damages form a substantial portion of brain injury settlements.
• Pain and Suffering: New York law recognizes that brain injuries cause significant physical pain and emotional suffering. Compensation for pain and suffering accounts for the physical discomfort, emotional distress, and reduced quality of life you experience due to your injury. These non-economic damages can be substantial in severe brain injury cases.
• Home Modifications and Adaptive Equipment: Severe brain injuries may require modifications to your home. These include wheelchair ramps, bathroom modifications, or equipment. You can recover compensation for these necessary expenses.
• Loss of Consortium: Spouses of brain injury victims can pursue claims for loss of consortium. This compensates for the loss of companionship, affection, and support resulting from the injury.
• Punitive Damages: In cases involving particularly reckless or intentional conduct, New York courts may award punitive damages. These damages punish the wrongdoer and deter similar conduct in the future.

The total value of your brain injury claim depends on several factors. These include the severity of your injury, the extent of your medical treatment, your prognosis, your age and occupation, and the impact on your daily life. An experienced Brooklyn personal injury lawyer can evaluate your case and help you understand the full value of your claim.

New York Laws Affecting Brain Injury Claims

New York law imposes strict deadlines for filing personal injury lawsuits, including brain injury claims. Understanding these deadlines is critical to protecting your legal rights.

• Three-Year Statute of Limitations: In most cases, you have three years from the date of your injury to file a personal injury lawsuit in New York. If you fail to file within this timeframe, the court will likely dismiss your case. You will lose your right to pursue compensation.
• Exceptions for Minors: When a child suffers a brain injury, the statute of limitations does not begin running until the child turns 18 years old. This gives injured children until their 21st birthday to file a lawsuit.
• Discovery Rule: In some cases, brain injury symptoms do not appear immediately. New York’s discovery rule may extend the statute of limitations when injuries are not immediately apparent. However, courts apply this rule narrowly. This makes it important to consult an attorney as soon as possible after any accident involving head trauma.
• Claims Against Government Entities: If your brain injury resulted from the negligence of a government entity or employee, you must file a notice of claim within 90 days of your injury. This shortened deadline applies to claims against New York City, the MTA, public schools, and other government agencies. Claims against government entities require strict compliance with notice requirements.
• Wrongful Death Claims: If a traumatic brain injury results in death, family members have two years from the date of death to file a wrongful death lawsuit. These claims allow surviving family members to recover damages for their loss.

Beyond these filing deadlines, acting quickly after a brain injury helps preserve evidence, identify witnesses, and build a strong case. Physical evidence can disappear. Memories fade. Witnesses become harder to locate as time passes. Consulting a Brooklyn brain injury attorney promptly protects your legal rights.

Frequently Asked Questions

Contact a Brooklyn Brain Injury Attorney Today

If you or a loved one suffered a traumatic brain injury in Brooklyn, time is critical. Evidence must be preserved. Witnesses must be interviewed. Legal deadlines must be met. The sooner you contact an attorney, the better positioned you will be to pursue full compensation.

At Parker Waichman LLP, we offer free consultations to brain injury victims and their families. During your consultation, we will review the circumstances of your accident, explain your legal options, and answer your questions. You have nothing to lose by calling our firm. You may have everything to gain with our skilled legal representation.

Do not face the insurance companies alone. Do not accept a settlement offer without first consulting an experienced brain injury attorney. And, do not let the statute of limitations expire on your claim.

Contact Parker Waichman LLP today at 800-968-7529 or visit our website at www.yourlawyer.com to schedule your free consultation. Our Brooklyn brain injury lawyers are ready to fight for the compensation you deserve.