New York Traumatic Brain Injury Lawyer | The Law Firm of Andrew M. Stengel, P.C.

A traumatic brain injury can upend every aspect of your life in an instant. One moment you are going about your day. The next, you are dealing with memory loss, debilitating headaches, personality changes and an uncertain future. If someone else’s negligence caused your traumatic brain injury in New York, you may be entitled to substantial compensation — and you should not face this fight alone.

At The Law Firm of Andrew M. Stengel, P.C., we represent TBI victims and their families throughout New York City and across New York State. We understand how devastating these injuries are — not just physically, but emotionally and financially. We fight aggressively to hold negligent parties accountable and to recover every dollar our clients deserve.

What Is a Traumatic Brain Injury?

A traumatic brain injury, or TBI, occurs when a sudden external force disrupts normal brain function. TBIs range from mild concussions to catastrophic injuries involving permanent cognitive impairment, paralysis or death. Even a “mild” TBI can produce symptoms that last for months or years and profoundly affect a person’s ability to work, maintain relationships and enjoy life.

Medical professionals classify TBIs along a spectrum of severity. Mild TBIs — including concussions — may involve brief loss of consciousness, confusion, headaches and short-term memory problems. Moderate TBIs typically involve longer periods of unconsciousness and more pronounced cognitive and physical symptoms. Severe TBIs can result in extended coma, permanent neurological damage, persistent vegetative states and death.

Beyond the initial classification, TBI symptoms can be complex and unpredictable. Many TBI victims experience delayed onset of symptoms — meaning the full extent of the injury may not become apparent for days, weeks or even months after the accident. Furthermore, TBIs are often “invisible injuries” — they do not always show up on standard imaging, they may not be immediately apparent to family members or coworkers, and they are frequently underestimated by insurance companies and defendants. That is precisely why experienced legal representation matters so much in TBI cases.

Common TBI symptoms that our clients experience include:

• Persistent headaches and migraines
• Memory loss and cognitive impairment
• Difficulty concentrating or processing information
• Personality and behavioral changes, including increased aggression or depression
• Sensitivity to light and sound
• Sleep disturbances and chronic fatigue
• Seizures and post-traumatic epilepsy
• Vision and hearing problems
• Loss of balance and motor coordination
• Permanent cognitive disability

Common Causes of TBI Lawsuits in New York

Traumatic brain injuries occur in a wide range of accidents. However, the most common causes we see in New York TBI lawsuits include the following.

Motor Vehicle Accidents. Car, truck, motorcycle and bus accidents are among the leading causes of TBI in New York. The violent forces involved in high-speed collisions — even when airbags deploy — can cause the brain to slam against the inside of the skull, resulting in contusions, hemorrhages and diffuse axonal injuries. In New York, TBI victims in auto accidents must meet the serious injury threshold under Insurance Law § 5102(d) to pursue a pain and suffering lawsuit beyond no-fault benefits. TBIs generally satisfy this threshold, but proper medical documentation is essential.

Construction Accidents. Falls from scaffolding, ladders and elevated surfaces — as well as injuries caused by falling tools and materials — are a major source of TBI among New York’s construction workforce. Under Labor Law § 240(1), New York’s Scaffold Law imposes absolute liability on property owners and general contractors when a construction worker suffers an elevation-related injury. As a result, TBI victims injured on construction sites may have powerful legal remedies available to them regardless of fault.

Slip and Fall Accidents. A fall on a wet floor, a broken staircase or an icy sidewalk can cause a person’s head to strike the ground with tremendous force. Property owners who fail to maintain safe conditions or warn visitors of hazards can be held liable for TBIs resulting from slip and fall accidents under New York premises liability law.

Pedestrian and Bicycle Accidents. Pedestrians and cyclists struck by vehicles in New York City have almost no physical protection. Head trauma is extremely common in these accidents, particularly when the victim is thrown to the ground or strikes the hood or windshield of a vehicle. New York’s comparative negligence law allows pedestrian and cyclist TBI victims to recover damages even if they were partially at fault for the accident.

Subway and Transit Accidents. The New York City subway system carries millions of passengers daily. Sudden stops, train derailments, platform falls and accidents involving MTA buses can all cause serious head trauma. Claims against the MTA require a Notice of Claim within 90 days of the accident — a strict deadline that makes early legal consultation essential.

Assault and Violent Crime. Intentional acts of violence — including punches, blows to the head and attacks with objects — frequently cause TBIs. Beyond criminal charges, victims of assault may pursue a civil lawsuit against the attacker and, in appropriate cases, against property owners or employers who failed to provide adequate security. New York’s negligent security doctrine allows TBI victims to hold third parties accountable when their failure to protect guests or visitors enabled a foreseeable assault.

Medical Malpractice. TBIs can also result from failures in medical care — including oxygen deprivation during surgery, anesthesia errors, failure to diagnose and treat a brain bleed, or delayed treatment of a stroke. Medical malpractice TBI cases are among the most complex personal injury matters in New York law. They require expert testimony from qualified medical professionals and careful analysis of the applicable standard of care.

Proving a Traumatic Brain Injury Lawsuit in New York

Building a successful TBI lawsuit requires much more than a diagnosis. Insurance companies routinely challenge TBI claims — arguing that symptoms are exaggerated, that the accident could not have caused the injury, or that a pre-existing condition is to blame. Winning requires thorough evidence, credible expert witnesses and experienced legal advocacy.

The Law Firm of Andrew M. Stengel, P.C. builds TBI cases from the ground up, working with a team of specialists that typically includes:

Neurologists and neurosurgeons who can explain the nature and severity of the injury, its cause and its expected long-term course. New York courts require expert medical testimony to establish the causal link between the accident and the TBI, and between the TBI and the victim’s ongoing symptoms and limitations.

Neuropsychologists who administer and interpret cognitive testing to quantify deficits in memory, processing speed, executive function and other domains. Neuropsychological evaluations provide objective, scientifically validated evidence of cognitive impairment — evidence that is far more persuasive to juries than subjective symptom reports alone.

Life-care planners who project the full cost of the victim’s future medical needs — including rehabilitation, therapy, assistive devices, home health aides and long-term care. In severe TBI cases, lifetime care costs can reach into the millions of dollars, and proper documentation of these costs is essential to maximizing recovery.

Vocational rehabilitation experts who assess the impact of the TBI on the victim’s ability to work and earn income. In cases where a TBI permanently reduces earning capacity — whether by eliminating the ability to work entirely or limiting the victim to lower-paying employment — vocational experts help quantify and prove this loss.

Additionally, we investigate and preserve all available evidence related to the underlying accident — including accident reconstruction, surveillance footage, eyewitness testimony, black box data from vehicles and medical imaging. The stronger the evidence of how the accident happened and how severe the resulting TBI is, the stronger the lawsuit.

Who Can Be Held Liable for a TBI in New York?

Depending on the circumstances of your accident, one or more of the following parties may be liable for your traumatic brain injury:

• Negligent drivers — including drivers of cars, trucks, rideshares and commercial vehicles whose careless or reckless operation caused the accident
• Property owners and landlords — who failed to maintain safe conditions on their property and caused a slip and fall or other accident
• Construction site owners and general contractors — who are strictly liable under Labor Law 240 for elevation-related TBIs suffered by construction workers
• The MTA and other government agencies — responsible for transit-related accidents on subways, buses and public infrastructure
• Employers — whose negligence in maintaining a safe workplace contributed to an employee’s TBI
• Product manufacturers — when a defective vehicle component, safety equipment or consumer product caused or worsened the TBI
• Hospitals and medical providers — when negligent medical care caused or failed to diagnose and treat a TBI
• Schools and institutions — when negligent supervision of children or inadequate safety measures led to a head injury

In many TBI cases, multiple defendants share responsibility. Our firm identifies and pursues every available source of liability to maximize the compensation available to our clients.

What Compensation Can TBI Victims Recover in New York?

Traumatic brain injuries often produce staggering economic and non-economic losses. New York law allows TBI victims to recover full compensation for all damages caused by the defendant’s negligence. Recoverable damages in a New York TBI lawsuit may include:

• Past and future medical expenses, including emergency care, hospitalization, neurosurgery, rehabilitation, physical therapy, occupational therapy, speech therapy and long-term care
• Lost wages for all time missed from work due to the injury
• Loss of future earning capacity — particularly significant in cases where the TBI permanently impairs the victim’s ability to work in their prior occupation or at all
• Pain and suffering — compensation for the physical pain, emotional anguish and psychological trauma caused by the injury and its consequences
• Loss of enjoyment of life — compensation for activities, hobbies and experiences that the TBI has taken from the victim permanently or for an extended period
• Cognitive and personality changes that affect relationships, independence and quality of life
• Loss of consortium for the impact the injury has had on the victim’s spouse, children and close family members
• Punitive damages in cases involving especially reckless or egregious conduct by the defendant

In catastrophic TBI cases — where the victim requires round-the-clock care, has lost the ability to work permanently or will require lifelong medical management — damages can reach into the millions of dollars. The Law Firm of Andrew M. Stengel, P.C. is committed to pursuing every dollar our clients are entitled to, and we do not settle for less than the full value of the case.

New York’s Statute of Limitations for TBI Cases

In New York, the general statute of limitations for a personal injury lawsuit — including TBI cases — is three years from the date of the accident under CPLR § 214. However, there are critical exceptions that can shorten this window dramatically.

If your TBI resulted from an accident involving a government entity — including the MTA, the City of New York, NYCHA or any other public body — you must file a Notice of Claim within 90 days of the accident. Missing this deadline can permanently extinguish your right to sue, regardless of how serious your injuries are.

In cases where the TBI victim is a minor, the statute of limitations is generally tolled until the child turns 18. However, the 90-day Notice of Claim requirement for government defendants still applies regardless of age — making prompt legal consultation essential even for injured children.

In medical malpractice TBI cases, the statute of limitations is two and a half years under the applicable CPLR provisions — a shorter window than standard personal injury cases. Because TBI symptoms sometimes take time to manifest or to be properly diagnosed, the question of when the clock starts running in malpractice cases can be complex. An experienced attorney can evaluate your specific timeline and protect your rights.

Do not wait. Evidence disappears, witnesses become harder to locate and deadlines are unforgiving. Contact our firm as soon as possible after any accident that may have caused a brain injury.

What to Do After a Suspected TBI in New York

The steps you take in the hours and days after a head injury can significantly affect both your health and your ability to pursue a lawsuit. We advise every client to take the following steps.

Seek emergency medical care immediately. Never dismiss a head injury as minor. Always go to an emergency room or urgent care facility right away. Ask specifically for a neurological evaluation and imaging. Some of the most serious TBI complications — including subdural hematomas and brain bleeds — can be fatal if untreated. Early medical records also establish the critical link between the accident and the injury.

Follow all medical advice and attend every appointment. Gaps in treatment give insurance companies ammunition to argue that your injuries are not as serious as you claim. Consistent medical care protects both your health and your lawsuit.

Document your symptoms daily. Keep a journal of every symptom, limitation and change in your condition. TBI symptoms fluctuate, and a detailed contemporaneous record is powerful evidence of your ongoing suffering and the injury’s impact on your daily life.

Preserve all evidence from the accident. Photograph the scene, your injuries and any physical conditions that contributed to the accident. Save all clothing and equipment. Do not repair any vehicle or property involved in the accident before consulting an attorney.

Do not speak to insurance adjusters without an attorney. Insurance companies move quickly after serious accidents, and their goal is to minimize what they pay. Do not give a recorded statement, sign any documents or accept any settlement offer before speaking with legal counsel.

Contact a New York TBI lawyer as soon as possible. The Law Firm of Andrew M. Stengel, P.C. can begin investigating your case immediately — preserving critical evidence, identifying witnesses and protecting your legal rights before deadlines run.

Why Choose The Law Firm of Andrew M. Stengel, P.C. for Your TBI Case?

Traumatic brain injury cases demand a level of preparation, expertise and resources that not every law firm can provide. TBI victims face sophisticated insurance defense teams whose entire strategy is to minimize and dispute their injuries. Winning requires deep knowledge of TBI medicine, the ability to assemble and prepare compelling expert witnesses, and the willingness to take hard cases to trial.

The Law Firm of Andrew M. Stengel, P.C. handles TBI lawsuits throughout New York — including cases arising from car accidents on the FDR and the BQE, construction accidents on active job sites throughout the five boroughs, subway accidents in the New York City transit system and slip and fall accidents in buildings across the state. We bring the same commitment and determination to every case, no matter how complex or how aggressively the defense fights.

We handle every TBI case on a contingency fee basis. That means you pay no attorney’s fees unless and until we recover compensation for you. There is no financial risk in calling us, and there is no obligation after your free consultation.

Suffered a Brain Injury in New York? The Law Firm of Andrew M. Stengel, P.C. Is Ready to Fight for You.

A traumatic brain injury can change your life permanently. You deserve an advocate who understands the full scope of what you have lost — and who will fight without compromise to make you whole. The Law Firm of Andrew M. Stengel, P.C. is that advocate. We are here for TBI victims and their families across New York, and we are ready to put everything we have into your case.

Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Case consultations are free and confidential, and you will speak with Andrew M. Stengel directly.

Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and throughout New York State.