New York City Traumatic Brain Injury Lawyer

NYC TBI Statistics and Risks

A traumatic brain injury (TBI) occurs when sudden trauma damages the brain, disrupting normal function and potentially causing lasting cognitive, physical, and emotional changes. The impact ranges from mild concussions to serious brain injuries requiring lifelong care.

New York faces a concerning rise in brain injury cases, with over 140,000 emergency room visits or hospitalizations annually related to traumatic brain injuries. Falls are the most common cause of TBIs overall, and motor vehicle accidents are the most common cause of TBI-related fatalities. Alarmingly, TBI-related incidents cause more than 2,000 deaths among New Yorkers each year.

Causes of Traumatic Brain Injuries

Brain injuries often result from preventable incidents where someone's negligence creates dangerous conditions. 

• Motor vehicle accidents: Sudden stops and high-speed impacts lead to whiplash and brain trauma.
• Construction site falls: Construction workers face risks from falls, faulty equipment, or falling objects. 
• Premises accidents: Poorly maintained properties, inadequate lighting, and hazardous conditions cause slip and fall incidents resulting in serious brain trauma.
• Sports-related impacts: Competitive activities, especially contact sports, can lead to severe brain injuries when proper safety protocols aren't followed.
• Medical negligence: Surgical errors, medication mistakes, and oxygen deprivation during medical procedures can cause permanent damage to brain cells.

While immediate symptoms might seem minor, the long-term impact of brain trauma can emerge days or weeks after the incident.

Common Traumatic Brain Injuries We Can Help with in NYC

Understanding the distinctions between types of brain injuries helps establish the severity of your case and guides our legal approach.

• Concussions: Though often dismissed as minor, these injuries can cause lasting cognitive problems and require extensive recovery time.
• Diffuse axonal injuries: High-speed accidents cause brain tissue tears, leading to severe functional impairment and often requiring long-term rehabilitation support.
• Penetrating brain injuries: Accidents involving heights or high-powered machinery can result in objects piercing the skull, causing localized damage with widespread effects.
• Hypoxic brain injuries: Medical negligence or near-drowning incidents depriving the brain of oxygen lead to widespread cell death and severe functional impairment.
• Contusions and hematomas: Direct trauma causes bruising and blood vessel ruptures, creating pressure that requires immediate intervention to prevent permanent damage.

The Degrees of Brain Injuries

Understanding brain injury severity helps determine appropriate medical care and shapes your legal strategy for compensation. Each level of injury requires specific forms of evidence and expert testimony to prove long-term impact.

What to Do After a TBI in New York City

The aftermath of a brain injury creates a critical window where your actions can significantly impact your recovery and legal rights. Quick, informed decisions help preserve evidence while protecting your health and financial future.

How Can I Get Compensation After a TBI in NYC?

Securing fair compensation after a brain injury requires clear, compelling evidence. Insurance companies often dispute the long-term impact of brain injuries, especially when symptoms aren't immediately visible on medical imaging. Our legal team counters these tactics by building comprehensive cases that document every aspect of your injury's impact.

Medical experts play a crucial role in establishing the extent of your injury and projecting future care needs. We collaborate with neurologists, neuropsychologists, and rehabilitation professionals who can clarify intricate medical details to judges and juries. Their testimony helps connect your symptoms to the accident and justify the compensation we're seeking.

The compensation process often involves multiple insurance policies and potentially liable parties. For instance, a construction site brain injury might involve workers' compensation, contractor liability insurance, and equipment manufacturer coverage. We investigate every potential source of compensation to maximize your recovery.

Time Limits for Filing a Claim

Generally, you have three years from your injury date to file a personal injury claim. However, this deadline shortens dramatically for claims against government entities, requiring the filing of a notice of claim within 90 days. Medical malpractice cases follow different timelines, typically allowing 2.5 years from the injury date. 

Key Factors Determining Compensation Value

Understanding what drives compensation helps set realistic expectations and guides our legal strategy:

Why Do I Need a Lawyer After a Traumatic Brain Injury?

Brain injury cases present unique challenges that demand profound legal knowledge. The difficulty lies not just in proving the injury occurred but in documenting its full impact on your life. 

Insurance companies often minimize these injuries, particularly when symptoms aren't immediately visible on traditional medical imaging. They may dispute the connection between the accident and your symptoms or challenge the long-term impact of your injury.

Legal representation becomes especially crucial when dealing with insurance companies that rush to settle before the full extent of your injury becomes clear. Brain injuries can evolve, with symptoms appearing or worsening weeks or months after the incident. 

An experienced attorney understands this progression and knows how to document these changes effectively. They can also identify when multiple parties share liability for your injury, such as in construction accidents or challenging vehicle crashes where various entities may bear responsibility.

How Can a Personal Injury Lawyer at Sakkas, Cahn & Weiss, LLP Help You After a TBI?

Our New York City traumatic brain injury lawyers' approach combines aggressive advocacy with compassionate client support. 

• Immediate investigation: We secure evidence quickly, working with accident reconstruction experts and medical specialists to build strong cases.
• Medical coordination: Our team helps arrange tailored care and works directly with your healthcare providers to document injury progression.
• Expert collaboration: We partner with neurologists, life-care planners, and economists to prove your case's full value.
• Insurance navigation: We handle all communication with insurance companies, protecting you from tactics designed to minimize your claim.

We’ll develop a comprehensive strategy tailored to your specific situation and needs.

Damages We Can Help You Recover

We pursue every available avenue for recovery, ensuring no aspect of your injury's impact goes undocumented.

• Medical expenses: All treatment costs, from emergency care through long-term rehabilitation and therapy.
• Lost earnings: Current and future income losses, including reduced earning capacity and missed career opportunities.
• Life care costs: Ongoing medical care, adaptive equipment, and support services needed for daily life.
• Pain and suffering: Physical discomfort, emotional distress, and reduced quality of life caused by your injury.