New York TBI Personal Injury: Protect Your Rights Now
If you or a loved one suffered a traumatic brain injury (TBI) in New York, quick action can protect your health, evidence, and legal options. Learn the essentials: medical steps, documentation, fault and damages, insurance issues, deadlines, and how a lawyer can help.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury is a disruption of normal brain function caused by an external force, such as a car crash, fall, struck-by event, or assault. Symptoms can include headaches, dizziness, memory and concentration problems, mood or personality changes, sleep disturbance, sensitivity to light or noise, and in severe cases loss of consciousness or extended cognitive impairment. Even injuries that seem mild deserve prompt medical evaluation.
Immediate Steps After a Suspected TBI
- Seek medical care right away and follow all clinical instructions and referrals.
- Document symptoms daily and keep discharge papers, prescriptions, and test results.
- Preserve evidence: photos of the scene and injuries, witness contact information, and any incident or police reports.
- Avoid giving recorded statements to insurers before you understand your rights.
- Do not post about the incident or your injuries on social media.
Practical Tips
- Use a single folder or app to store medical records, imaging, bills, and mileage to appointments.
- Share a concise symptom timeline with each provider to ensure consistent documentation.
- If headaches or cognitive issues worsen, ask your doctor about referrals to neurology or neuropsychology.
- Keep damaged items (helmets, bikes, vehicles) unchanged until your attorney advises.
Quick Checklist
- Get emergency and follow-up care
- Start a daily symptom and activity journal
- Save photos, videos, and contact info for witnesses
- Report the incident to the appropriate party or insurer
- Request copies of imaging and test results
- Avoid social media about the incident
- Consult a New York injury attorney promptly
Common New York Causes of TBI
TBIs frequently arise from motor vehicle collisions, pedestrian and bicycle crashes, falls on dangerous property conditions, construction and workplace incidents, defective products, and assaults. Identifying all potentially responsible parties early helps preserve claims and insurance coverage.
Fault and Damages in New York
New York follows pure comparative negligence—your compensation can be reduced by your percentage of fault but is not barred solely because you share responsibility. See N.Y. C.P.L.R. § 1411.
Recoverable damages may include medical expenses, future care and rehabilitation, lost wages and earning capacity, out-of-pocket costs, and pain and suffering. In some cases, family members may pursue derivative claims such as loss of consortium, where available.
No-Fault and Serious Injury Threshold in Auto Cases
After New York motor vehicle crashes, certain economic losses (for example, medical expenses and a portion of lost wages) may be addressed through no-fault benefits regardless of fault. See N.Y. Insurance Law § 5102.
To seek pain-and-suffering damages against a negligent driver, the claimant generally must show a qualifying “serious injury” under the statute. See § 5102 and § 5104. TBI claims may qualify depending on objective medical evidence and documented functional limitations.
Deadlines to File a Claim
Legal deadlines vary based on the type of case, the parties involved, and where and how the injury occurred. Claims involving municipalities or public authorities may require early written notices before a lawsuit. Because timing rules are strict and missing a deadline can end your claim, speak with an attorney as soon as possible to protect your rights.
Evidence That Strengthens a TBI Case
- Emergency and follow-up medical records, imaging, and specialist reports (neurology, neuropsychology, PM&R).
- Symptom logs, cognitive testing, and therapy records (PT/OT/SLP, vestibular, vision therapies).
- Employment records, tax returns, and employer statements to document lost income and accommodations.
- Scene evidence: photos/video, incident reports, 911 audio, dash or surveillance footage, vehicle data, and witness statements.
- Expert opinions on causation, prognosis, life-care planning, and economic losses.
Working With a New York TBI Attorney
A TBI-focused attorney can help coordinate medical documentation, manage insurance communications, identify all potentially liable parties and applicable insurance, retain qualified experts, and pursue compensation through settlement or litigation. Early legal help also supports compliance with notice requirements and filing deadlines and helps preserve critical evidence.
FAQ
How long do I have to file a TBI lawsuit in New York?
Deadlines depend on the facts and parties involved. Some claims have notices due within weeks. Consult a lawyer quickly to determine the specific limitations period and any notice requirements.
What if I was partly at fault?
Under pure comparative negligence, you can still recover damages, reduced by your percentage of fault.
Do I need objective medical proof for a TBI claim?
Objective findings and consistent medical documentation strengthen claims, especially for auto cases that must meet the serious injury threshold.
Will insurance cover my initial medical bills?
In auto cases, no-fault may cover certain medical expenses and a portion of lost wages, subject to policy limits and rules.
How Our Firm Can Help
We move quickly to investigate, secure records and imaging, consult with brain injury specialists, and build the evidence needed to prove both liability and the full scope of your losses. We communicate with insurers on your behalf and pursue the maximum recovery available under New York law.
Take Action Today
If you or a loved one suffered a TBI in New York, contact us for a free consultation. We will review your situation, explain your options, and outline the next steps to protect your rights. Contact our New York injury team.
Important Notice
This blog is for general information only, is not legal advice, and does not create an attorney-client relationship. Laws, insurance rules, and deadlines in New York can change and may apply differently based on your facts. Consult a licensed New York attorney about your specific situation.