New York Brain Injury Lawyer

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A brain injury can change everything in a matter of seconds. Whether it happened on a subway platform, at a construction site, or in a car crash on the FDR Drive, the consequences can follow you for months, years, or the rest of your life. Medical bills pile up, work becomes impossible, and the people who love you watch helplessly while you struggle to recover.

At Jacoby and Meyers, LLP, we represent brain injury victims across New York City and throughout the state. Our attorneys understand the medical realities of these injuries and the legal options available to people who have been hurt through someone else’s negligence. If you or someone you love is dealing with the aftermath of a serious head injury, we’re here to help you understand your rights and your next steps.

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What Is a Traumatic Brain Injury?

Brain injuries range from mild concussions to severe, permanent neurological damage. Understanding the nature of these injuries matters because it directly shapes the kind of medical care you need and the legal claim you may have.

The Spectrum of TBI Severity in Complex Brain Injury Cases

A traumatic brain injury, or TBI, occurs when a sudden blow, jolt, or penetrating impact disrupts normal brain function. The CDC classifies TBIs as mild, moderate, or severe based on the duration of unconsciousness, memory loss, and neurological symptoms. Even a “mild” TBI can cause lasting cognitive and emotional changes that affect daily life.

Serious Brain Injury Symptoms that Are Easy to Miss

Headaches, memory gaps, irritability, and light sensitivity often appear hours or days after the initial injury, which means many people don’t connect their symptoms to the accident right away. Delayed symptom onset is one reason TBIs are underdiagnosed, and it’s also why early medical evaluation after any head trauma is so important. Documenting those symptoms from the start strengthens both your medical treatment plan and your legal case.

Long-Term Consequences of Brain Injuries

Moderate to severe TBIs can result in lasting impairments affecting memory, speech, mobility, and emotional regulation. Some survivors require long-term rehabilitation, in-home care, or significant workplace accommodations. The lifetime costs associated with a serious TBI can reach into the millions, which is one reason the legal stakes in these cases are so high.

Severe Brain Injuries and New York City’s Unique Risks

New York City’s density, aging infrastructure, and heavy foot and vehicle traffic create injury conditions that simply don’t exist in most other places. The borough you live in, the commute you take, and the type of work you do all factor into how brain injuries occur here and who may be legally responsible.

High-Risk Locations Across the Five Boroughs

Slip and falls on subway platforms, construction site accidents in Manhattan’s constantly expanding skyline, and pedestrian collisions in high-traffic corridors like Queens Boulevard all generate TBI claims in this city. Building owners, contractors, the MTA, and the City of New York itself can each bear liability depending on where and how the injury occurred. Our New York City personal injury attorneys are familiar with the specific venues and liable parties that come up repeatedly in these cases.

Borough-by-Borough Context

Brooklyn and the Bronx have seen significant increases in pedestrian and cyclist accidents tied to road conditions and driver behavior in dense urban corridors. Staten Island’s highway network, including the Staten Island Expressway, is a consistent source of serious motor vehicle crash injuries. Our teams handling Brooklyn personal injury claims and Bronx personal injury cases regularly represent clients whose TBIs stem from these borough-specific patterns.

Construction Zones and Falling Object Injuries

New York City has more active construction sites than virtually any city in the country, and falling objects, scaffold failures, and ground-level debris are leading causes of traumatic brain injury in the workforce. Workers and bystanders alike can sustain serious head trauma in these environments. If your injury happened near a construction zone, identifying which contractors, property owners, or site managers bear responsibility is an early and important step in building your claim.

New York Personal Injury Law and Your Brain Injury Claim

New York’s legal framework for personal injury claims has undergone a meaningful change that directly affects how brain injury cases are handled. Understanding where the law stands now is essential before you make any decisions about your claim.

New York’s Shift in Comparative Negligence Law

New York follows a rule called pure comparative negligence for non-auto claims (CPLR 1411[a]), but since May 26, 2026, motor vehicle personal injury actions subject to Ins. Law Art. 51 are now governed by CPLR 1411(b) and apply to actions commenced on or after May 26, 2026. This new change means there is no recovery now if the plaintiff’s fault exceeds the defendants’ combined fault.

How Fault Is Determined in TBI Cases

Insurance companies and defense attorneys routinely argue that an injured person contributed to their own injury, whether by jaywalking, not wearing a helmet, or some other claimed act. Having a clear, well-documented account of how the accident happened and who was responsible for the conditions that caused it is essential to countering those arguments. Our Queens personal injury lawyers and Manhattan personal injury attorneys handle these fault disputes regularly on behalf of clients throughout the city.

Deadlines that Apply to New York Brain Injury Claims

New York generally allows three years from the date of injury to file a personal injury lawsuit, but important exceptions apply. Claims against New York City or another government entity require a notice of claim filed within 90 days of the injury. Missing either deadline can permanently bar your ability to recover compensation, which is why reaching out to an attorney early in the process matters.

How Our New York Brain Injury Attorneys Handle Brain Injury Claims

Andrew Finkelstein of Jacoby & Meyers LLP headshot

Brain Injury Lawyer, Andrew Finkelstein

From the first call through resolution, our team builds your case around the specific facts of your injury, your medical needs, and the parties responsible for what happened to you.

Building the Medical and Expert Foundation

Brain injury cases require detailed medical documentation and, in most situations, expert testimony from neurologists, neuropsychologists, and life care planners. We work with qualified medical professionals to establish the full scope of your injury, its connection to the accident, and the long-term care you will realistically need. This foundation is what gives your claim substance when it comes time to negotiate or present your case.

Investigating Liability Across All Responsible Parties

New York accidents often involve more than one liable party, and missing even one of them can leave significant compensation on the table. We investigate property ownership, employment relationships, contractor chains, and governmental responsibility to make sure every appropriate party is identified. Our Staten Island personal injury team applies this same thorough approach across every market we serve.

A Proven Track Record of Pursuing Full Compensation for Your Losses

Compensation in a brain injury case can include medical expenses, lost wages, diminished earning capacity, rehabilitation costs, and the pain and suffering that comes with a life-altering injury. We do not limit our view of your damages to what’s already been spent. We account for what your injury will cost you going forward, including care needs, life adjustments, and the impact on your relationships and quality of life.

Frequently Asked Questions Our Law Firm Receives About Brain Injury Claims in New York

Brain injury cases raise questions that go beyond the basics of a typical accident claim. The answers below address some of the most common concerns we hear from clients and families dealing with these situations.

TBIs are difficult to document using standard imaging because many do not show up clearly on CT scans or MRIs, especially in the early stages. Establishing the severity and permanence of your injury often requires a combination of neurological evaluations, cognitive testing, and expert medical opinions. This evidentiary challenge makes early legal and medical involvement especially valuable.
There is no standard timeline because every case turns on its own facts, medical complexity, and the willingness of insurance carriers to negotiate fairly. Some cases resolve in months through settlement; others require litigation that can take a year or more. We keep clients informed at each stage so there are no surprises.
Yes. Delayed diagnosis is common in TBI cases, and New York law generally measures the statute of limitations from the date of injury, not the date of diagnosis. If your injury was caused by someone else’s negligence, the fact that symptoms appeared gradually does not eliminate your right to pursue a claim. Document your symptoms and seek medical evaluation as early as possible.
Under New York’s modified comparative negligence standard, partial fault does not automatically prevent recovery, but it can reduce the amount you receive. The specifics depend on the facts of your case and how fault is allocated. An attorney can help you evaluate how any claimed shared fault might affect your claim before you make decisions.
Yes. Claims against the MTA, the City of New York, or other public entities require a notice of claim filed within 90 days of the injury. This requirement is strictly enforced, and failing to meet it can eliminate your ability to sue. Our attorneys also work with clients on claims involving state-level entities that have their own procedural requirements.
Every case is different, and no attorney can tell you what your case will be worth at the outset. Compensation depends on the severity of your injury, the strength of the liability evidence, your documented losses, and how the case resolves. What we can do is pursue the full range of damages you are entitled to under the law, including future care costs and non-economic losses.
Yes. When a brain injury leaves someone unable to manage their own affairs, a family member or appointed guardian can pursue a legal claim on their behalf. New York law allows these claims to address both the injured person’s losses and, in appropriate cases, the impact on family members. Our team guides families through this process with care and clarity.

Contact Our New York Brain Injury Attorneys for a Free Consultation on Your Brain Injury Lawsuit

If a brain injury is affecting your life or the life of someone you love, the time to understand your legal options is now. Contact Jacoby and Meyers, LLP to speak with a New York brain injury lawyer about what happened, what your rights are, and how we can help you move forward. We work on a contingency fee basis, meaning there are no fees unless we recover compensation for you.

Client Testimonials

“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
★★★★★

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Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
(212)-445-7000