Traumatic Brain Injury Lawyer In Port Washington, New York

If you or a loved one suffered a traumatic brain injury in Port Washington, Parker Waichman LLP can help you pursue the compensation you deserve. Our traumatic brain injury lawyer team has recovered over $2 billion for injured clients, including a $10 million settlement for a family whose loved one sustained brain damage in a motor vehicle accident. We work on a contingency fee basis, which means you pay nothing unless we win your case.

Why Choose Parker Waichman LLP for Your Traumatic Brain Injury Claim

When you suffer a traumatic brain injury, you need a law firm with deep experience handling catastrophic injury cases. Parker Waichman LLP brings four decades of combined experience to every traumatic brain injury claim we handle. Our founding partner, Jerrold S. Parker, has spent over 40 years representing injured clients and has earned recognition in Best Lawyers in America for Personal Injury Litigation since 2010. He holds an AV Preeminent 5.0 rating from Martindale-Hubbell, the highest rating available.

Our team includes Alex Tovstolug, Senior Litigation Counsel with 16 years of experience in personal injury litigation. Alex recently secured a significant settlement in a Brooklyn trip-and-fall case, demonstrating our firm’s ability to handle complex injury claims. Benjamin Portnoy, our mass torts attorney, focuses specifically on catastrophic injury cases like traumatic brain injuries. Brett A. Zekowski, our partner, holds a 10/10 Justia rating and brings extensive trial experience to cases that require courtroom advocacy.

We maintain our headquarters at 6 Harbor Park Drive in Port Washington, making us your local traumatic brain injury lawyer. Our proximity to Port Washington means we understand the community and can quickly investigate accidents that occur in our area. We offer free consultations and work on a contingency fee basis—you pay nothing upfront, and we only collect a fee if we recover compensation for you.

Understanding Traumatic Brain Injury and Its Impact

A traumatic brain injury (TBI) occurs when a sudden blow or jolt to the head damages the brain. Traumatic brain injuries fall into two main categories: closed-head injuries and open-head injuries. In a closed-head injury, the skull remains intact, but the brain moves inside the skull, causing damage to brain tissue. An open-head injury occurs when an object penetrates the skull and enters the brain tissue directly.

Common causes of traumatic brain injuries in Port Washington include motor vehicle accidents, falls, workplace accidents, and assaults. In car accident cases, New York’s No-Fault insurance pays your initial medical bills regardless of fault. However, to sue the at-fault driver for pain and suffering, your TBI must meet the state’s ‘Serious Injury’ threshold (Insurance Law § 5102). A brain injury almost always qualifies, but we ensure this legal standard is proven so you aren’t limited to just basic insurance payouts.

The effects of a traumatic brain injury can be immediate or develop over time. Some victims experience loss of consciousness at the moment of injury, while others remain conscious but confused. Symptoms may appear immediately or develop over hours or days following the injury. Common immediate effects include headache, dizziness, confusion, memory problems, and difficulty concentrating. Long-term effects can include chronic pain, cognitive impairment, emotional changes, sleep disturbances, and difficulty with balance or coordination.

Common Causes of Traumatic Brain Injuries

Motor vehicle accidents cause traumatic brain injuries when the force of impact throws the head against the vehicle interior or when objects strike the head. Falls cause traumatic brain injuries when a person strikes their head on the ground, stairs, or other surfaces. Workplace accidents in construction, manufacturing, and other industries frequently result in traumatic brain injuries when workers fall from heights or are struck by falling objects. Assaults and violence cause traumatic brain injuries when a person is struck in the head.

Recognizing TBI Symptoms

Immediate symptoms of traumatic brain injury include loss of consciousness, confusion, headache, dizziness, nausea, and difficulty speaking. Delayed symptoms may appear hours or days after the injury and include memory problems, difficulty concentrating, mood changes, sensitivity to light and sound, and sleep disturbances. Some victims experience cognitive changes that affect their ability to work, learn, or perform daily activities. Others experience emotional changes, including irritability, anxiety, or depression.

Types of Damages Available in Traumatic Brain Injury Cases

When you file a traumatic brain injury claim, you can recover several types of damages. Medical expenses represent a significant portion of damages in traumatic brain injury cases. You can recover costs for emergency room treatment, hospitalization, surgery, diagnostic imaging, rehabilitation therapy, and ongoing medical care. Many traumatic brain injury victims require years of medical treatment, and you can recover damages for both past medical expenses and future medical care.

Lost wages and lost earning capacity form another major category of damages. If your traumatic brain injury prevents you from working, you can recover the wages you lost during your recovery period. If your injury causes permanent disability that reduces your earning capacity, you can recover damages for the difference between what you would have earned and what you can now earn.

Pain and suffering damages compensate you for the physical pain and emotional distress caused by your traumatic brain injury. Rehabilitation and therapy costs, including physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation, are recoverable. Home care or assisted living expenses, if your injury requires ongoing care, are also recoverable damages. Emotional distress and loss of enjoyment of life damages compensate you for the impact your injury has on your quality of life.

In cases where the at-fault party’s conduct was particularly reckless or intentional, New York law allows punitive damages. Punitive damages serve to punish the wrongdoer and deter similar conduct in the future. While punitive damages are not available in every case, our traumatic brain injury lawyer can evaluate whether your case qualifies.

The Legal Process for Traumatic Brain Injury Claims

Understanding the legal process helps reduce anxiety about pursuing your claim. The process begins with an initial consultation where you meet with our traumatic brain injury lawyer to discuss your case. During this consultation, we evaluate the facts of your accident, review your medical records, and explain your legal options. We answer your questions and discuss the potential value of your claim.

After you hire our firm, we begin investigating your accident. Investigation includes gathering police reports, obtaining witness statements, photographing the accident scene, and collecting medical records. We work with medical experts who can review your injuries and provide opinions about the cause and extent of your traumatic brain injury. These expert opinions strengthen your claim and help establish the value of your damages.

Once investigation is complete, we attempt to negotiate a settlement with the at-fault party’s insurance company. Many traumatic brain injury cases settle during this negotiation phase. If the insurance company refuses to offer fair compensation, we prepare your case for trial. The litigation process includes discovery, where both sides exchange information, and motion practice, where legal arguments are presented to the court.

New York law provides a three-year statute of limitations for personal injury claims, including traumatic brain injury claims. This means you must file your lawsuit within three years of the date of your injury. If you wait longer than three years, you lose your right to pursue compensation. Early legal action is important because it preserves evidence, prevents witnesses from becoming unavailable, and allows us to build the strongest possible case.

Port Washington-Specific Injury Considerations

Port Washington residents face particular injury risks due to local traffic patterns and community characteristics. Harbor Park Drive, where our office is located, experiences significant traffic volume. Route 25A, which runs through Port Washington, is a major thoroughfare where motor vehicle accidents frequently occur. Intersections along Route 25A and other main roads in Port Washington are common accident locations.

Port Washington’s waterfront location means that boating accidents and water-related injuries also occur in our community. The Port Washington area includes several marinas and waterfront facilities where recreational boating takes place. Boating accidents can cause traumatic brain injuries when operators or passengers strike their heads during collisions or falls.

Port Washington residents have access to excellent medical facilities for treating traumatic brain injuries. North Shore University Hospital in Manhasset is located near Port Washington and provides comprehensive trauma care. Glen Cove Hospital also serves Port Washington residents. These facilities have specialized neurology and trauma departments equipped to treat traumatic brain injuries.

Workplace injuries also cause traumatic brain injuries in Port Washington. The area includes construction sites, manufacturing facilities, and other workplaces where head injuries occur. If you suffered a traumatic brain injury at work, you may be entitled to workers’ compensation benefits in addition to a personal injury claim against a third party.

What to Do After a Traumatic Brain Injury

Immediately after suffering a traumatic brain injury, seek medical attention. Even if you feel fine, you should visit an emergency room or urgent care facility for evaluation. Some traumatic brain injuries cause symptoms that develop over hours or days, and medical professionals can identify injuries that are not immediately obvious.

Document the accident scene if you are able to do so safely. Take photographs of the location where the injury occurred, including any hazards or conditions that contributed to the accident. If you were in a motor vehicle accident, photograph vehicle damage and road conditions. Obtain contact information from witnesses who saw the accident occur.

Preserve evidence related to your injury. Keep all medical records, test results, and bills related to your treatment. Maintain records of any time you miss from work due to your injury. Keep a journal documenting your symptoms, pain levels, and how your injury affects your daily activities.

Avoid discussing fault or liability with the at-fault party or their insurance company. Do not post about your injury on social media, as insurance companies monitor social media and may use your posts against you. Do not admit fault or apologize for the accident, as these statements can be used to reduce your compensation.

Contact a traumatic brain injury lawyer promptly. The sooner you hire an attorney, the sooner we can begin investigating your case and protecting your legal rights. Early legal action preserves evidence and prevents the statute of limitations from running out.

Frequently Asked Questions About Traumatic Brain Injury Claims

How long do I have to file a traumatic brain injury claim in New York?

While New York generally gives you three years to file a lawsuit, if your injury happened on public property (like a Port Washington public school, a Town of North Hempstead park, or involved a municipal vehicle), you generally have only 90 days to file a formal Notice of Claim. Missing this strict deadline can permanently bar you from recovering compensation, even if the three-year window is still open. We recommend contacting a traumatic brain injury lawyer as soon as possible after your injury to ensure your claim is filed timely.

What is the average settlement for a traumatic brain injury?

The value of a traumatic brain injury settlement depends on many factors, including the severity of your injury, the extent of your medical expenses, your lost wages, and the strength of liability evidence. Mild traumatic brain injuries may settle for tens of thousands of dollars, while severe traumatic brain injuries can settle for millions. Parker Waichman LLP has recovered a $10 million settlement for a family whose loved one sustained brain damage in a motor vehicle accident, demonstrating our ability to secure substantial compensation for catastrophic injuries.

Do I need to go to trial for my TBI case?

Many traumatic brain injury cases settle before trial. However, if the insurance company refuses to offer fair compensation, we prepare your case for trial. Our attorneys have extensive trial experience and are prepared to advocate for you in court if necessary. We make the decision about whether to accept a settlement or proceed to trial based on your best interests.

How is a traumatic brain injury diagnosed?

Traumatic brain injuries are diagnosed through a combination of clinical evaluation and medical imaging. A doctor will perform a neurological examination to assess your mental status, memory, and physical function. CT scans and MRI scans can reveal structural damage to the brain. Some traumatic brain injuries do not show up on imaging but are diagnosed based on symptoms and clinical evaluation. Neuropsychological testing can identify cognitive impairment caused by traumatic brain injury.

Can I recover damages for future medical care?

Yes, you can recover damages for future medical care related to your traumatic brain injury. We work with medical experts who can project your future medical needs and costs. These projections are based on your current condition, the nature of your injury, and medical literature about long-term outcomes for similar injuries. Future medical care damages can represent a significant portion of your total compensation.

What if the at-fault party doesn’t have insurance?

If the at-fault party does not have insurance, you may still be able to recover compensation. You can file a claim under your own uninsured motorist coverage if you have it. You can also pursue a personal injury lawsuit against the at-fault party directly, though collecting a judgment from an uninsured individual can be challenging. We can discuss your options during a free consultation.

How much does it cost to hire a traumatic brain injury lawyer?

Parker Waichman LLP works on a contingency fee basis, which means you pay nothing upfront. We only collect a fee if we recover compensation for you. Our fee is a percentage of the compensation we recover, and we discuss the specific percentage during your initial consultation. This arrangement allows you to pursue your claim without worrying about legal costs.

Contact Parker Waichman LLP for Your Free Traumatic Brain Injury Consultation

If you suffered a traumatic brain injury in Port Washington, contact Parker Waichman LLP today for a free consultation. Our traumatic brain injury lawyer can evaluate your case, explain your legal options, and discuss the potential value of your claim. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.

Call Parker Waichman LLP at 800-968-7529 to schedule your free consultation. You can also contact us through our website to request a consultation. Our team is available to answer your questions and help you pursue the compensation you deserve. Remember, you have only three years from the date of your injury to file a lawsuit, so contact us today to protect your legal rights.

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