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A traumatic brain injury, often called a TBI, is one of the most serious and legally complex injuries a person can suffer. In New York, TBI cases are complicated by a no-fault insurance system that requires meeting specific thresholds before a lawsuit can proceed, by the challenge of proving an injury that does not always appear on early imaging, and by evidence that can disappear before most victims realize they need an attorney.
At The Law Offices of Omrani & Taub, P.C. – Serious Lawyers For Serious Injuries – our New York brain injury lawyers have handled traumatic brain injury cases for more than 25 years. We represent TBI victims across New York City, including Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, as well as White Plains and surrounding Westchester County.
We offer free consultations available 24 hours a day, and we work on a contingency basis, meaning you pay no legal fees unless we recover compensation for you.
Call us now: (212) 714-1515
What Is a Traumatic Brain Injury and How Do New York Courts Treat It?
A traumatic brain injury occurs when an external force causes damage to the brain, from a blow to the head, a sudden jolt, or an object penetrating the skull.
According to the Centers for Disease Control and Prevention, there were more than 214,000 TBI-related hospitalizations and approximately 69,000 TBI-related deaths in the United States in a single recent year.
In the legal context, what matters is not just the type of injury but how it is documented, how it is connected to the incident that caused it, and how it affects the victim’s ability to function in daily life and work.
What Types of Brain Injuries Are Relevant to a New York Personal Injury Claim?
Concussions, contusions, diffuse axonal injuries, and anoxic brain injuries are all legally actionable in New York when caused by another party’s negligence. A concussion, the most common form, involves temporary disruption of normal brain function. A contusion is a bruise on the brain tissue itself.
Diffuse axonal injury, known as DAI, involves widespread damage to the brain’s nerve fibers and is among the most severe TBI types. Anoxic or hypoxic brain injury, when the brain is deprived of oxygen, can occur in surgical complications or near-drowning incidents.
From a legal standpoint, every type of TBI can support a significant claim if properly documented and connected to the defendant’s negligence. Even a concussion can produce lasting cognitive and emotional effects that warrant full legal consideration.
What Does New York's "Serious Injury" Threshold Mean for TBI Victims?
Under New York’s no-fault insurance law, victims of motor vehicle accidents must meet a “serious injury” threshold under New York Insurance Law § 5102(d) before filing a lawsuit against the at-fault driver for pain and suffering.
A traumatic brain injury, including a concussion with documented neurological symptoms, typically qualifies under the categories of “permanent consequential limitation of use of a body organ or member” or “significant limitation of use of a body function or system.”
This threshold does not affect TBI claims arising from construction accidents, slip and fall incidents, or other non-vehicle causes. An attorney evaluates whether the threshold applies and what documentation is needed to meet it.
Not sure if your brain injury meets the threshold? Call us for a free evaluation — (212) 714-1515
What Causes Traumatic Brain Injuries in New York City?
Motor vehicle accidents, construction site falls under the Scaffold Law, and slip and fall accidents on New York City sidewalks are the leading causes of traumatic brain injury claims we handle. The city’s density, infrastructure, and industries create a distinct set of circumstances that shape how TBI cases arise, and how they are pursued.
How Do Motor Vehicle Accidents Cause Brain Injuries in New York?
Car, truck, taxi, rideshare, and bus accidents are among the leading causes of TBI in New York. The sudden deceleration of a collision can cause the brain to strike the interior of the skull even without direct head impact. Pedestrian-vehicle collisions, particularly common in New York City’s urban environment, frequently produce severe TBIs because the pedestrian has no structural protection.
How Do Construction Accidents Cause TBI in New York City?
Construction site falls, covered by New York Labor Law § 240, are a leading cause of TBI among workers in New York City, and the Scaffold Law makes liability clearer in these cases than almost any other type of TBI claim. New York is one of the most active construction markets in the world.
Under Labor Law § 240, commonly known as the Scaffold Law, property owners and general contractors bear absolute liability for gravity-related injuries on construction sites. A construction worker who falls from a scaffold, ladder, or elevated surface and sustains a traumatic brain injury does not need to prove the property owner was negligent.
The fall and the injury are sufficient. This is a uniquely powerful protection that exists in New York and virtually no other state.
What Other Incidents Commonly Cause TBI in New York?
Additional common causes of traumatic brain injury in New York include:- Slip and fall accidents on defective sidewalks, stairs, or floors — including municipal sidewalks where the City of New York may bear liability
- Subway and mass transit accidents involving falls, doors, or collisions
- Medical malpractice — including surgical errors, anesthesia complications, and birth injuries involving oxygen deprivation
- Assaults and intentional acts where both criminal and civil claims may apply
- Premises liability — falling objects in buildings, inadequate security leading to assault
How Does New York's No-Fault Insurance System Affect a Brain Injury Claim?
New York is a no-fault insurance state, which means that after a motor vehicle accident, an injured person first turns to their own auto insurance, regardless of who caused the crash, to cover initial medical expenses and lost wages. This coverage, known as Personal Injury Protection or PIP, pays up to $50,000 in benefits without regard to fault.
What Does No-Fault Pay and What Does It Not Cover?
No-fault PIP coverage pays for reasonable and necessary medical expenses related to the accident, up to $50,000 per person, as well as a portion of lost wages, typically 80% of gross income up to $2,000 per month. It does not compensate for pain and suffering, emotional distress, permanent disability, or economic losses above the coverage limits.
For brain injury victims, no-fault benefits are often exhausted quickly by the cost of neurological care, imaging, and rehabilitation. When PIP is exhausted, the injured person may apply for additional coverage through the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, or pursue a lawsuit against the at-fault party, provided the serious injury threshold is met.
Should You Apply for No-Fault Benefits After a TBI in New York?
Yes, and promptly. No-fault applications must be filed within 30 days of the accident. Missing this deadline can result in denial of benefits that are otherwise available regardless of fault. An attorney assists with the no-fault application, filed correctly and on time, while simultaneously beginning the investigation into the underlying liability claim.
Protecting your right to no-fault benefits starts on day one — (212) 714-1515
How Do You Prove a Brain Injury Case in New York?
Proving a traumatic brain injury case in New York requires more than a medical diagnosis. Insurance companies and defense attorneys regularly challenge TBI claims, arguing that symptoms are exaggerated, pre-existing, or not connected to the accident. Building a case that withstands that challenge requires the right evidence from the right sources.
What Medical Evidence Matters Most in a New York TBI Case?
The foundation of a TBI claim is the medical record, beginning with emergency care immediately after the incident and continuing through every subsequent evaluation and treatment. Neuroimaging, including CT scans, MRI, and in more complex cases functional MRI, known as fMRI, documents structural changes in the brain.
The foundation of a TBI claim is the medical record, beginning with emergency care immediately after the incident and continuing through every subsequent evaluation and treatment. Neuroimaging, including CT scans, MRI, and in more complex cases functional MRI, known as fMRI, documents structural changes in the brain.
What Expert Witnesses Are Typically Used in New York TBI Cases?
Brain injury cases almost always require expert testimony. A neurologist or neurosurgeon establishes the medical nature of the injury and its cause. A neuropsychologist provides objective cognitive testing.
In cases involving ongoing care and disability, a life care planner, an expert who projects the full cost of future medical and personal care needs, quantifies what the injury will require over time.
A vocational rehabilitation expert documents the impact on the victim’s ability to work and earn income. An economist translates those projections into present-dollar values that can be presented to a jury.
At Omrani & Taub, we work with qualified medical and economic experts to build TBI cases that support the full scope of our clients’ damages.
Why Does Early Evidence Preservation Matter in a TBI Case?
Evidence in a TBI case, surveillance footage, accident scene conditions, witness contact information, can disappear within days of the incident, making same-day investigation critical. Construction sites are remediated. Skid marks fade. Camera footage is overwritten within 24 to 72 hours without a formal preservation request. Omrani & Taub maintains investigators on the road at all times, prepared to document accident scenes, preserve physical evidence, and identify witnesses before that window closes.
Early action protects your case — call us immediately — (212) 714-1515
What Damages Can a Traumatic Brain Injury Victim Pursue in New York?
New York law allows TBI victims to pursue compensation for the full range of losses the injury has caused, both economic and non-economic.
What Economic Damages Are Available in a New York TBI Case?
Economic damages in a New York brain injury case include past and future medical expenses, emergency care, hospitalization, neurosurgery, rehabilitation, neuropsychological treatment, medications, and any ongoing care the injury requires.
They include lost wages from the time of injury through the end of treatment and, for injuries affecting long-term work capacity, the projected reduction in lifetime earning capacity. Home modification costs, in-home care expenses, and other out-of-pocket costs related to the injury are also recoverable.
For severe TBIs, the projected cost of future care, particularly when permanent cognitive or behavioral changes require supervised living, can be among the largest components of the damages claim.
What Non-Economic Damages Can a TBI Victim Pursue in New York?
New York law allows TBI victims to pursue compensation for pain and suffering, loss of enjoyment of life, emotional distress, and permanent disability. Unlike some states, New York does not impose a cap on non-economic damages in most personal injury cases. In cases involving a spouse or partner, loss of consortium — the impact of the injury on the marital relationship — is also recoverable.
What If a Family Member Died from a Brain Injury?
When a traumatic brain injury results in death, surviving family members may pursue a wrongful death claim under New York Estates, Powers & Trusts Law § 5-4.1. Recoverable damages include the deceased’s lost future earnings and financial contributions to the family, as well as conscious pain and suffering experienced between the injury and death.
A personal representative of the estate brings the claim on behalf of the distributees. New York’s wrongful death statute has specific procedural requirements that an attorney navigates from the outset of the case.
Ready to understand the full value of your TBI claim? Call Omrani & Taub — (212) 714-1515
Why Does a Brain Injury Claim Need to Start Immediately?
New York gives most brain injury victims three years to file, but evidence disappears in days. The legal deadline and the practical deadline are very different, and both require acting immediately.
For most personal injury cases, New York CPLR § 214 provides a three-year deadline from the date of the injury. For medical malpractice cases involving TBI, the deadline is two years and six months.
For claims against New York City or other government entities, a Notice of Claim, a formal written document notifying the government of the injury and intent to seek compensation, must be filed within 90 days of the incident, and the lawsuit must follow within one year and 90 days.
Missing any of these deadlines typically eliminates the right to recover, regardless of how serious the injury is. An attorney identifies every applicable deadline at the outset and files every required document on time.
Don’t wait — the window to preserve evidence and protect your rights is narrow — (212) 714-1515
How Omrani & Taub Handles New York Brain Injury Cases
Omrani & Taub, P.C. has represented brain injury victims across New York since 1998, in construction accidents, motor vehicle crashes, medical malpractice cases, subway incidents, and slip and fall accidents, in state and federal courts.
We move immediately after being retained: documenting the scene, securing camera footage, identifying witnesses, and filing no-fault applications when vehicle accidents are involved. We build the full medical and economic picture, treating physicians, neuropsychological testing, life care planners, vocational and economic experts, and handle all communication with insurance companies so our clients can focus on recovery.
Our multilingual staff serves the full diversity of New York’s communities, fluent in Spanish, Russian, Farsi, Mandarin, Cantonese, Hebrew, Bengali, Urdu, and Korean. We travel to clients who cannot come to us. We are available 24 hours a day.
No legal fees unless we recover. Free consultations available around the clock.
Call (212) 714-1515 or contact us online to speak with a New York brain injury lawyer today.
Frequently Asked Questions — New York Brain Injury Claims
Can I file a brain injury claim if the injury was a concussion?
Yes. A concussion is a traumatic brain injury under both medical and legal definitions. If a concussion was caused by someone else’s negligence and produced documented symptoms, cognitive impairment, headaches, memory loss, sensitivity to light or sound, emotional changes, it can support a personal injury claim in New York.
In motor vehicle cases, the concussion must meet New York’s serious injury threshold under Insurance Law § 5102(d) to allow a pain and suffering claim. An attorney evaluates the medical documentation and determines whether the threshold is met.
What if my brain injury didn't show up on the initial CT scan or MRI?
This is common. Many TBIs, including concussions and mild to moderate diffuse axonal injuries, do not appear on standard imaging. That does not mean the injury did not occur. Neuropsychological testing, which measures cognitive function objectively, frequently reveals impairments that imaging does not detect. Insurance companies routinely use the absence of imaging findings to challenge TBI claims.
A neuropsychologist’s report and a treating neurologist’s consistent documentation are essential to countering that argument.
What if multiple parties share fault for my brain injury in New York?
New York follows a pure comparative fault rule, which means you can recover compensation regardless of your percentage of fault. If you were 20% responsible for the accident that caused your TBI, you recover 80% of your total damages.
Unlike many other states, New York has no threshold that bars recovery based on the victim’s fault percentage. Insurance companies routinely try to assign fault to injured parties to reduce what they pay. An attorney challenges those assignments with the evidence.
What if the brain injury happened to a child in New York?
Brain injuries to children under 18 in New York trigger specific legal protections. The statute of limitations is tolled, meaning it does not run, until the child turns 18. A parent or guardian can file a claim on the child’s behalf at any time before that extended deadline.
Any settlement on behalf of a minor in New York requires court approval to protect the child’s interests. TBI in children is also a distinct medical category, the developing brain is affected differently than an adult brain, and the long-term consequences often require specialized expert analysis.
Yes. As a passenger, you were not at fault for the crash. You can file a no-fault claim through the vehicle’s insurance, and you can pursue a personal injury lawsuit against the at-fault driver, whether that is the person whose car you were in or the driver of another vehicle. Passenger claims are often among the clearest cases to pursue because no fault can be attributed to the passenger.
I was hurt in a construction accident — does the Scaffold Law apply to my TBI?
It may, depending on the circumstances. New York Labor Law § 240 imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites. If your TBI resulted from a fall from a scaffold, ladder, or elevated surface, or from a falling object striking you, the Scaffold Law likely applies.
Liability does not depend on proving the property owner was careless. The failure to provide adequate safety equipment and the resulting injury are sufficient. In cases where § 240 does not apply, Labor Law § 241(6), which governs construction site safety rules, may provide an alternative basis for liability. An attorney evaluates which statutes apply to the specific facts.
Can I afford to hire Omrani & Taub for a brain injury case if I'm not working due to my injury?
Yes. Omrani & Taub handles brain injury cases on a contingency fee basis, there are no legal fees unless the firm recovers compensation for you. You pay nothing upfront. If you cannot travel because of your injury, we come to you. Free consultations are available 24 hours a day, seven days a week.
Talk to a New York Brain Injury Lawyer at Omrani & Taub P.C.
A brain injury changes everything, how you think, how you work, how you relate to the people around you. The legal system cannot undo that. But it can hold the responsible party accountable and provide the financial resources needed to address what comes next.
The Law Offices of Omrani & Taub, P.C. has spent more than 25 years representing brain injury victims across New York. We know what these cases require, medically, legally, and in terms of the human support that injured people need during one of the most difficult times of their lives.
The consultation is free. We are available 24/7. You pay nothing unless we recover.
Don’t settle for less than you deserve. Don’t Settle For Less, GET JUSTICE! Call (212) 714-1515 or contact us online to speak with a New York brain injury lawyer today.
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