New York City Traumatic Brain Injury Lawyer

With over $2 billion recovered for clients nationwide, our legal team brings decades of knowledge to traumatic brain injury cases throughout New York City. We know that TBI cases involve immediate medical concerns and long-term care needs. Additionally, these cases affect earning capacity and quality of life. Our personal injury attorneys work hard to secure full compensation that addresses both current and future needs. If you or a loved one has suffered a traumatic brain injury due to negligence of another party get a free consultation by calling: (212) 267-6700 or schedule an appointment online.

Why Choose Our NYC Traumatic Brain Injury Attorneys

Parker Waichman LLP brings decades of knowledge and proven results to traumatic brain injury cases throughout New York City. Our attorneys have earned recognition as Top 50 Jury Verdicts recipients and Billion Dollar Trial Lawyers. This reflects our commitment to achieving exceptional results for our clients through skilled advocacy and thorough case preparation.

Our AVVO 10 rating and BBB accreditation demonstrate our dedication to client service and ethical practice. These credentials, combined with recognition in Best Lawyers 2020 and Super Lawyers, establish our reputation as leading personal injury attorneys in New York. We understand that choosing legal representation during a difficult time requires trust and confidence in your attorney’s abilities.

The contingency fee structure we use means clients pay no attorney fees unless we successfully recover compensation. This arrangement allows TBI victims to access high-quality legal representation without upfront costs. Financial concerns don’t prevent the pursuit of rightful compensation. We advance all case expenses and only recover our fees when we achieve a successful outcome for our clients.

Our national reach and local knowledge provide unique advantages in complex TBI cases. While we handle mass tort cases nationwide, our deep understanding of New York laws and court systems provides optimal representation for local clients. This combination of resources and local knowledge has contributed to notable results. This includes an $11 million settlement in an 18-wheeler catastrophic injury case.

The firm’s track record of recovering over $2 billion for clients nationwide demonstrates our ability to handle complex cases. We secure substantial compensation for injury victims. Our attorneys have successfully represented TBI victims in cases involving motor vehicle accidents, construction site injuries, medical malpractice, and other incidents resulting in brain trauma.

Understanding Traumatic Brain Injuries in New York City

Traumatic brain injuries occur when an outside force damages the brain. This results in temporary or permanent problems with thinking, physical abilities, and emotions. In the busy environment of New York City, these injuries often result from car accidents, construction site incidents, slip and fall accidents, and other preventable incidents.

The Centers for Disease Control and Prevention reports that about 2.8 million Americans suffer traumatic brain injuries each year. Many of these happen in urban areas like New York City. These injuries range from mild concussions to severe trauma requiring lifelong medical care and rehabilitation.

Brain injuries are complex because symptoms may not appear right after an accident. Some victims have delayed symptoms. Therefore, it’s important to seek both medical attention and legal help quickly after any incident involving head trauma. Early action can greatly impact both medical outcomes and legal recovery options.

The dense urban environment of New York City creates unique risks for traumatic brain injuries. Heavy pedestrian traffic, construction zones, and busy intersections contribute to accidents that often result in head trauma. Understanding these risk factors helps victims and their families know when legal action may be necessary to recover compensation.

Common Causes of Traumatic Brain Injuries in NYC

New York City’s active environment presents many opportunities for accidents that can lead to traumatic brain injuries. Our knowledgeable New York City personal injury attorneys have handled TBI cases involving various accident types. Each requires specific knowledge of applicable laws and liability standards.

Motor Vehicle Accidents

Motor vehicle accidents are a major cause of traumatic brain injuries in New York City. The combination of heavy traffic, aggressive driving, and pedestrian congestion creates dangerous conditions. These often result in head trauma. Our legal team has successfully recovered substantial compensation for TBI victims injured in car accidents. This includes a recent $10 million settlement for an auto accident victim who suffered severe brain injuries.

Pedestrian Accidents

Pedestrian accidents involving traumatic brain injuries are common in Manhattan, Queens, Brooklyn, and other NYC boroughs. When pedestrians are struck by vehicles, the impact often causes the head to strike the pavement or vehicle. This results in serious brain trauma. These cases require thorough investigation to establish driver negligence and secure maximum compensation for victims.

Construction Accidents

Construction accidents also contribute significantly to TBI cases in New York City. The city’s constant development and renovation projects expose workers to falling objects, scaffolding collapses, and equipment problems. Under New York Labor Law Sections 240 and 241, construction workers injured on the job may receive compensation regardless of fault. This makes these cases particularly important for TBI victims seeking recovery.

Premises Liability

Slip and fall accidents in commercial properties, subway stations, and public areas often cause head injuries. This happens when victims strike hard surfaces during their fall. Property owners have a legal duty to maintain safe conditions under premises liability laws. Failure to address dangerous conditions such as wet floors, poor lighting, or broken railings can result in liability for resulting brain injuries.

Types and Severity of Traumatic Brain Injuries

Traumatic brain injuries include a wide range of conditions. Each requires different levels of medical care and legal consideration. Our NYC TBI attorneys work closely with neurologists, neuropsychologists, and rehabilitation professionals. We work together to understand the full extent of each client’s injuries and their long-term effects.

Note: Medical professionals are currently updating TBI classification systems to better reflect the complexity of these injuries. The traditional categories below represent commonly used classifications. However, evolving medical understanding continues to refine these definitions.

• Mild traumatic brain injuries, commonly known as concussions, may initially seem less serious. However, they can have lasting effects on thinking, memory, and emotional control. These injuries often go undiagnosed initially, particularly when victims do not lose consciousness at the time of injury. Symptoms such as headaches, confusion, memory problems, and mood changes may develop hours or days after the initial trauma.
• Moderate traumatic brain injuries typically involve loss of consciousness lasting from minutes to hours. They also include confusion and memory loss that may continue for days or weeks. These injuries often require hospitalization and intensive rehabilitation. This addresses thinking, physical, and emotional problems. Recovery times vary significantly. Some victims have permanent disabilities that affect their ability to work and maintain relationships.
• Severe traumatic brain injuries involve extended periods of unconsciousness or memory loss. They often result in significant long-term disabilities. These cases often require emergency surgery, intensive care, and extensive rehabilitation programs. The lifetime costs associated with severe TBI can exceed millions of dollars. This makes thorough legal representation important for securing adequate compensation.
• Penetrating brain injuries occur when objects pierce the skull and brain tissue. These often result in the most severe complications and poorest outcomes. These injuries often require emergency surgery and intensive care. Outcomes vary significantly based on the location and extent of brain damage. Recovery from penetrating brain injuries often involves multiple surgeries and years of rehabilitation.

Legal Rights for TBI Victims in New York

New York provides important legal protections for traumatic brain injury victims. This includes specific time limits and damage recovery options. Understanding these rights is important for maximizing compensation and getting proper legal representation throughout the recovery process.

The time limit for personal injury cases in New York is generally three years from the date of injury. However, TBI cases may involve discovery rules when injuries are not immediately apparent. This also applies when the full extent of brain damage becomes clear over time. Our New York personal injury lawyers carefully evaluate each case to make sure all filing deadlines are met. We also allow sufficient time for thorough medical evaluation and case development.

New York follows a comparative negligence system. This means TBI victims can recover compensation even if they bear partial responsibility for their accident. This legal framework allows our attorneys to pursue maximum compensation while addressing any contributing factors that may affect the case outcome. Even if a victim is found to be partially at fault, they may still recover damages proportional to the other party’s degree of responsibility.

Insurance Laws

No-fault insurance requirements in New York provide immediate medical coverage for motor vehicle accident victims. This applies regardless of fault determination. However, serious injuries like traumatic brain injuries often exceed no-fault limits. This requires additional legal action to recover full compensation from the responsible parties. Our attorneys help clients handle both no-fault benefits and third-party liability claims to maximize recovery.

The New York State Insurance Law also provides additional protections for TBI victims. This includes requirements for insurance companies to provide certain benefits and coverage for rehabilitation services. Understanding these complex insurance regulations is important for making sure victims receive all available benefits while pursuing additional compensation through litigation.

Compensation Available for Traumatic Brain Injury Cases

Traumatic brain injury victims in New York City may receive full compensation covering both economic and non-economic damages. Our knowledgeable attorneys work hard to identify all available sources of compensation and maximize recovery for our clients and their families.

• Economic damages include medical expenses, rehabilitation costs, lost wages, and future earning capacity. TBI cases often involve substantial medical bills. This includes emergency treatment, surgery, ongoing therapy, assistive devices, and home modifications. Our legal team works with medical economists and vocational professionals to calculate the full financial impact of each client’s injuries. We make sure no future costs are overlooked.
• Medical expenses for traumatic brain injury victims can be overwhelming. These often include emergency room treatment, neurosurgery, intensive care, inpatient rehabilitation, outpatient therapy, medications, and assistive technology. Many TBI victims require ongoing medical care for years or even decades following their injury. This makes accurate calculation of future medical costs important for adequate compensation.
• Lost wages and reduced earning capacity represent significant parts of TBI compensation claims. Many brain injury victims cannot return to their previous employment. Others must accept lower-paying positions due to thinking or physical limitations. Our attorneys work with vocational rehabilitation professionals and economists to document these losses. We project future earning capacity based on the victim’s age, education, work history, and injury severity.
• Non-economic damages compensate victims for pain and suffering, emotional distress, and loss of life enjoyment. These damages recognize that traumatic brain injuries affect every aspect of a victim’s life. This includes relationships, hobbies, career satisfaction, and overall quality of life. New York courts have awarded substantial non-economic damages in TBI cases. This reflects the profound impact these injuries have on victims and their families.

Additional Types of Catastrophic Injuries We Handle

• Traumatic Brain Injury
• Spinal Cord Injury
• Burn Injury
• Amputation
• Disfigurement
• Facial injuries
• Birth injuries
• Severe scarring
• Electrocutions
• Internal organ damage

Frequently Asked Questions About Traumatic Brain Injuries in NYC

At Parker Waichman LLP, our dedicated team of personal injury attorneys has extensive experience representing victims of traumatic brain injuries (TBI) throughout New York City. These serious injuries can have life-altering consequences, and understanding your legal options is crucial for seeking justice and compensation. Below, we’ve compiled answers to some of the most common questions we receive to help guide you through this challenging time.

Contact Our New York City TBI Lawyers Today

If you or a loved one has suffered a traumatic brain injury in New York City, immediate legal consultation is important for protecting your rights and maximizing compensation. Our team of knowledgeable traumatic brain injury attorneys in New York City provide free consultations. We can evaluate your case and explain your legal options without any obligation or upfront costs.

Contact Parker Waichman LLP today at 800-968-7529 for your free consultation. Our catastrophic injury attorneys are ready to fight for the compensation you deserve while you focus on recovery and rehabilitation. With our knowledge, resources, and commitment to client service, we’re here to provide the skilled legal representation your TBI case demands.