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.

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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.

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.
Questions
Frequently Asked Questions About Brain Injuries
A traumatic brain injury is damage to the brain from an outside force. The CDC describes a mild TBI or concussion as caused by a bump, blow or jolt to the head, or by a hit to the body that makes the head and brain move quickly back and forth. Doctors call these injuries mild because they are usually not life-threatening, but their effects can be serious. More severe injuries can cause lasting impairment.
The CDC groups mild TBI and concussion symptoms by how you feel, think, act and sleep: headaches, dizziness, light or noise sensitivity and tiredness; trouble concentrating, feeling slowed down or foggy, memory problems; irritability, anxiety or sadness; sleeping more or less than usual. Some appear right away and others hours or days later. Worsening headache, repeated vomiting, slurred speech, seizures or unequal pupils need emergency care.
There is no reliable average, and we do not publish value ranges. Compensation can include medical and rehabilitation costs, lost earnings and earning capacity, future care and pain and suffering. The amount depends on the medical proof, how the injury changed your work and daily life, and who is responsible. In car-crash cases governed by the no-fault law, pain and suffering also requires a serious injury.
With a consistent record: the emergency and follow-up notes, imaging where it was done, neurocognitive or neuropsychological testing, treating doctors’ findings, and accounts from family, coworkers or teachers comparing before and after. The CDC notes that a CT scan is not needed to find a mild TBI and that testing may not show it, so a symptom diary and witnesses matter. We also prove how the injury happened.
Recovery is a medical question for your doctors, and it differs from person to person. The CDC says most people with a mild TBI or concussion feel better within a couple of weeks, while symptoms can change or last longer for some. Keep follow-up appointments and tell your doctors about every change. Legally, a settlement is usually final, so we do not settle before the medical picture is clear.
Common causes in claims include car, truck, bus and motorcycle crashes, falls on unsafe property, construction and other work injuries, objects falling from above, assaults where security was inadequate, and defective products such as helmets. A brain injury can also follow a medical error that deprives the brain of oxygen. The cause decides who may be responsible and which deadline applies.
Most injury claims against a person or business: generally three years. A city, county, town, village or school district: usually a notice of claim within 90 days and suit within one year and 90 days. Medical malpractice: two years and six months, with exceptions. A work injury: notice to the employer within 30 days and a compensation claim within two years. For a child, time limits can be extended. Death claims differ.
We build the record early, before a mild-looking injury is written off: symptom history, testing, before-and-after witnesses and the facts of the accident. The firm has over 40 years of experience and has recovered more than $100 million for clients firm-wide, including the two published brain injury results on this page. The consultation is free, and there is no fee unless there is a recovery.
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.
What to bring
- Your symptom notes, with dates
- Emergency and follow-up records
- Names of people who noticed changes
- Accident or police report number
Related pages
Related injury and accident pages
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.
