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Concussion and traumatic brain injury claims

Brain Injury Lawyers

A brain injury claim is proved by the record kept in the first weeks: symptoms, tests and the people who noticed the change. A normal scan does not end the question.

Over 40 years of experience. Free consultation; no fee unless there is a recovery.

(516) 227-2662
An axial MRI image of a human brain on a black background.

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What to write down in the first two weeks

These are the symptom groups the CDC lists for a mild TBI or concussion. Note each one you notice, the date, and who else saw it. Some appear hours or days later, and a person may not recognize their own symptoms, so ask family to add theirs.

Physical

  • Bothered by light or noise
  • Dizziness or balance problems
  • Feeling tired, no energy
  • Headaches
  • Nausea or vomiting (early on)
  • Vision problems

Thinking and remembering

  • Attention or concentration problems
  • Feeling slowed down
  • Foggy or groggy
  • Short- or long-term memory problems
  • Trouble thinking clearly

Social or emotional

  • Anxiety or nervousness
  • Irritability or easily angered
  • Feeling more emotional
  • Sadness

Sleep

  • Sleeping less than usual
  • Sleeping more than usual
  • Trouble falling asleep

Proof

When the scan is normal

The CDC says a CT scan is not needed to spot a mild TBI or concussion; it is used for people at risk of bleeding. Doctors may test learning, memory, concentration and problem solving, and the CDC adds that you may still have a concussion even if those tests do not show it (CDC).

That is why we gather:

  • emergency and follow-up notes that record the blow, any loss of consciousness and early symptoms;
  • neurology, neuropsychology and therapy records, read together;
  • work, school and family accounts of what changed and when;
  • the facts of the accident: the force, the fall, the vehicle data.

More on TBI from the National Institute of Neurological Disorders and Stroke.

An axial FLAIR MRI image at the level of the skull base, on a black background.

Imaging is one part of the record, not the whole of it.

Deadlines

The deadline follows the cause, not the injury

A crash, fall or other accident caused by a person or business
Generally three years (CPLR 214(5)). In a car crash governed by no-fault, pain and suffering needs a serious injury (Insurance Law 5102(d)).
A city, county, town, village or school district may be responsible
Usually a notice of claim within 90 days and suit within one year and 90 days (GML 50-e, 50-i).
Medical care caused or worsened the injury
Two years and six months, measured from the act or the end of continuous treatment (CPLR 214-a).
You were hurt at work
Notice to your employer within 30 days (WCL 18), a compensation claim within two years (WCL 28), and a separate suit against a negligent third party (WCL 29).
The injured person is a child
Time to sue can be extended (CPLR 208), but a 90-day notice to a public body still needs attention right away.

At work, a sued contractor or owner can generally seek common-law contribution or indemnity from your employer only for a “grave injury”, a list that includes an acquired brain injury from an external force causing permanent total disability (WCL 11). A written indemnity agreement the employer made before the accident is a separate route. Neither lets you sue your employer directly or limits your claim against the third party. See catastrophic injuries.

Published results

Brain injury results

Quoted exactly as recorded. Both records describe a traumatic brain injury: one from a car crash at a stop sign, one from a work injury when a telephone pole struck the client. Neither names a county. Over 40 years, the firm has recovered more than $100 million for clients.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

See the full verdicts and settlements archive
  • $450,000

    $450,000 Settlement

    Our client was traveling straight when defendant ran a stop sign and T-boned our client's passenger side of her vehicle. She lost consciousness at the wheel, suffered from post concussive syndrome and traumatic brain injury (TBI), and a 10cm hematoma above her eye. She required several injections – 4 nerve block, 2 cervical epidurals, and a lumbar epidural. She also sustained a right shoulder tear and was indicated for wrist and shoulder surgery (ultimately did not have either surgery).

  • $750,000

    $750,000 Settlement

    Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.

Head injury after an accident?

Get checked, start the symptom record, and call us before speaking with an insurer. If a public body may be responsible, a notice can be due within 90 days.

(516) 227-2662

Questions

Frequently Asked Questions About Brain Injuries

Brain injury? Start with the record

Tell us how the injury happened and what has changed since. We will identify who may be responsible, the deadline that applies and the records to request first. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Your symptom notes, with dates
  • Emergency and follow-up records
  • Names of people who noticed changes
  • Accident or police report number

Photo credits: Axial T2 brain MRI by 511KeV, CC BY-SA 4.0, cropped and resized; Axial FLAIR brain MRI by 511KeV, CC BY-SA 4.0, cropped and resized.