New York Traumatic Brain Injury Lawyer

Top Rated Traumatic Brain Injury Attorney in New York  With Five Star Ratings

The New York brain injury lawyer at the Law Office of Brett J. Nomberg, PLLC has been successfully helping injured New Yorkers for over 30 years. At the Law Office of Brett J. Nomberg, PLLC, we treat clients like family. It is very difficult when suffering an injury that affects the way you think, remember, and feel both emotionally and physically.  Right from the start, we work to make you feel at ease working with caring and compassionate brain injury attorneys who are on your side.  Brain injuries can arise from construction accidents, car accidents, and even trip and fall accidents.  Sometimes brain injuries arise from negligent medical care such as failing to properly monitor the anesthesia during a surgery.

Our Reviews

Our 5 star google rating is a testament to our hard work and commitment to client satisfaction. At Law Office of Brett J. Nomberg, PLLC  clients can easily reach their lawyer to ask questions about the case at any time. Our compassion and aggressiveness in court is why we continue to obtain maximum awards for our clients.

If you or a loved one was injured in a medical malpractice in New York, call us for a free consultation to speak with a top rated New York brain injury lawyer.

*Client testimonials reflect individual experiences and do not guarantee a similar outcome.

Verdicts & Settlements Brain Injury

OUR VICTORIES IN COURT

Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes:

• $4,500,000 verdict (medical malpractice) — 55-year-old man who suffered massive internal bleeding and a brain injury after a surgeon cut the common iliac artery during lumbar surgery; the anesthesiologist also failed to communicate signs of internal bleeding.
• $3,500,000 settlement (medical malpractice) — 56-year-old man left with partial paralysis after a Suffolk County hospital failed to timely diagnose and treat a brain infection.
• $3,500,000 settlement (medical malpractice / birth injury) — against a Queens physician and hospital for failing to recognize fetal distress and timely perform a Caesarean, causing brain injury to the infant and injuries to the mother.
• $3,100,000 settlement (construction) — scenic artist who suffered career-ending brain trauma and spinal injuries on his first day of work when two unsecured cinderblocks fell from a 10-foot warehouse wall onto his head and shoulder.
• $2,800,000 settlement (medical malpractice / birth injury) — against a Queens hospital that failed to recognize fetal distress, resulting in hypoxia and brain injury to the plaintiff’s infant daughter.
• $2,250,000 settlement (medical malpractice / birth injury) — against a New York City hospital that failed to timely perform a Caesarean, causing brain injury to the child.

**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

5 HELPFUL TIPS FOR A BRAIN INJURY CASE

Brain injury cases can be complex, so it’s important that you take steps to protect your claim. Five steps you can take to protect your claim include:

• Obtain complete copies of the hospital and medical records as soon as possible.
• Make a list of all doctors and hospitals where treatment occurred along with the dates of treatment.
• Ask the opinion of your treating doctors about what caused your injury.
• Get the names, telephone number, and addresses of witnesses.
• Contact a New York brain injury attorney immediately to protect your rights.

Head injuries from a trauma can result in a concussion and Traumatic Brain Injury (TBI).  Head injuries routinely occur from New York auto accidents, slipping on a hard surface, falling from an elevated height, and medical errors.  Brain injuries can cause loss of past memory, loss of short term memory, depression, personality changes, difficulty in making decisions, and a host of other problems. The brain can sometimes heal itself, but this is not always the case.

There are different types of strokes and different causes, which can include a traumatic injury from a falling object onto a person’s head, or a car accident.  If you have suffered a brain injury due to the negligence of another person or company, call Brett Nomberg for a free consultation to protect your rights. 

Time Limits for a New York TBI Claim

In New York, the deadline to bring a traumatic brain injury claim — the statute of limitations — depends on how the injury happened and who is responsible, and missing it usually bars the claim no matter how strong the liability is for the accident. The periods that most often apply to TBI cases are:

• General negligence (car crash, fall, construction accident, assault): three years from the date of the injury (CPLR § 214). 
• Medical malpractice (surgical hypoxia, delayed diagnosis, birth injury): two years and six months from the malpractice or from the end of continuous treatment by the same provider for the same condition (CPLR § 214-A).
• Claims against a city, county, public hospital (such as NYC Health + Hospitals), or other public entity: a Notice of Claim within 90 days of the incident, and the lawsuit within one year and 90 days (General Municipal Law §§ 50-E, 50-I). Missing the 90-day notice alone can end the case.
• Claims against the State of New York: brought in the Court of Claims— generally a claim or notice of intention within 90 days.
• Wrongful death (where a TBI proves fatal): two years from the date of death under EPTL § 5-4.1. 

Two tolling rules matter especially in brain injury cases:

Under CPLR § 208, the limitations period is tolled while an injured person is so incapacitated that they cannot protect their legal rights or manage their affairs. A diagnosis of mental illness, a period of hospitalization, or ongoing treatment does not automatically qualify; the condition must have been so severe that it prevented the plaintiff from understanding their legal rights or managing their affairs, and a partial recovery that restores meaningful decision-making ends the toll even if significant deficits remain. The injured person carries the burden of proving it through medical records and expert testimony, so it is never something to rely on instead of filing on time. 

Injured children also may get more time. If the TBI victim was under 18 when injured, the deadline is generally tolled until the child turns 18, though for medical malpractice the claim must still be filed within 10 years of the malpractice. 

Because the correct deadline turns on all of these variables, and the shortest of them can be as little as 90 days, anyone who suspects a brain injury was caused by another’s negligence should promptly contact an experienced New York personal injury attorney for a free consultation to protect your rights. 

Types of Brain Injuries

Traumatic brain injuries occur due to external trauma, often from blows to the head. They can be open, meaning that the skull has been fractured or punctured, or closed. Some of the most common types of brain injuries include:

• Concussions. Concussions are the most common type of TBI. They often occur during falls or in car accidents, when the brain collides with the inside of the skull. Severe concussions can lead to persistent neurological problems, including post concussive syndrome.
• Contusions. Contusions are bruises, which can occur on brain tissue. They typically result from direct impacts to the head. Large contusions may need to be surgically addressed and can be painful and cause swelling and blood vessel breakage.
• Contrecoup brain injuries. These injuries can happen when the force from an impact is so strong that it causes the brain to hit the side of the skull. Victims of this type of brain injury often face long-term physical impairments and cognitive issues.
• Diffuse axonal injuries. These injuries are severe TBIs that can happen when sudden acceleration or deceleration of the brain causes its nerve fibers, or axons, to tear. This type of injury can be life-threatening and often causes permanent brain damage.
• Skull fractures. Skull fractures involve broken skull bones. They can occur when accident victims hit their head against other objects, or when they sustain blows to the head with an object. Fractures can lead to additional complications, such as damage to the brain tissue and hematomas.

No matter what type of brain injury you have suffered, you could be eligible to receive substantial compensation if it was caused by another person or company’s negligence. 

Symptoms and Effects of Brain Injuries

Brain injuries can significantly affect a person’s ability to function for daily activities, and their enjoyment and quality of life. After an injury, some parts of the brain may never recover. Some of the most common symptoms of brain injuries include:

• Loss of consciousness
• Memory loss
• Mood swings
• Depression or anxiety
• Numbness
• Impairment or paralysis
• Personality changes

These effects can be long-lasting or even lifelong. They can make it difficult to perform daily tasks and maintain gainful employment. As a result, the compensation awarded in TBI cases can be significant. You can get the help you need to obtain a substantial award, through settlement or verdict, that covers not just your current medical care but also your future needs with the help of a dedicated New York brain injury attorney.

Why Hire a Brain Injury Lawyer?

According to the CDC, there were 68,663 deaths due to traumatic brain injuries in 2023. In 2020, 214,110 people were hospitalized for TBIs. The Big Apple is no exception to these trends. Brain injuries are surging among e-bike and e-scooter riders, and many more New Yorkers experience TBIs due to car crashes, falls, and other accidents each year.

If you’re one of the many NYC residents who has suffered a brain injury due to an accident in recent years, a brain injury lawyer could help you with your case. Brain injuries can cause significant impairments. The last thing you will want to worry or stress about is handling your personal injury case and that is why an attorney who is an accomplished trial attorney can help your legal battles while you and your family focus on healing.  Your brain injury lawyer will help:

• File necessary litigation documents such as a summons and complaint, bill of particulars, and discovery demands
• Keep track of important deadlines
• Gather evidence including from your medical providers
• Talk to witnesses and take their sworn testimony
• Hire expert witnesses such as your treating doctors and an economist for lost earnings
• Negotiate with insurance companies to obtain a fair and substantial settlement
• Litigate your case in court before a jury when the insurance company refuses to make a reasonable and fair offer to settle the case

Our legal team will remove the stress off you and your family so you can concentrate on recovery during this difficult time.

30 Years of Beating NY’s Largest Defense Firms

Big Firm Results. Personal 24/7 Attention.

Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.

Call Now for a Free Consultation

(212) 808-8092

Serving NYC, Long Island, Westchester, and All of New York State. Available 24/7.

FAQs

Will a brain injury meet the Serious Injury Threshold in NY?

The serious injury threshold in NY determines whether a motor vehicle accident victim can file a claim for negligence against the person who caused their injuries. Under New York State Insurance Law 5102(d), pursuing a claim for non-economic damages after a motor vehicle accident requires that a person have suffered death, dismemberment, loss of a fetus, significant disfigurement, fracture, or a permanent loss or significant limitation of the use of a body function or system.  A brain injury although not specifically delineated in the statute can cause a permanent injury or significant limitation that will satisfy the serious injury threshold in New York.  Objective testing such as CT scans, MRI’s and psychological testing by trained neuropsychologists can provide the necessary proof of a brain injury from a motor vehicle accident.

How much is a Case worth for permanent Brain Damage?

The value of every case for brain injuries depends on the particulars of your case. If a person has loss of memory and cognitive dysfunction that prevents them from enjoying daily activities and returning to work, then the value of the case can be significant.  It is important to have medical treatment by neurologists and neuropsychologists to support your case.  Identifying the liable parties and also the applicable insurance policy coverage is important for TBI lawyers in New York to help obtain fair and substantial compensation.

What Are the Symptoms of a Serious Brain Injury?

The signs and symptoms of a serious brain injury can include loss of consciousness, persistent or worsening headaches, vision problems, confusion, seizures, repeated vomiting, dilation of the pupils, clear fluids coming from the nose or ears, weakness or numbness in the extremities, and coordination issues. Cognitive, emotional, and behavioral symptoms often accompany these physical symptoms, including aggressiveness, depression, anxiety, and personality changes.

How Is a Traumatic Brain Injury Treated?

How a traumatic brain injury is treated will vary depending on the severity of the injury. Mild concussions may require rest and monitoring. Moderate to severe cases could require emergency medical intervention. Your doctors may need surgery to manage intracranial pressure. You may need physical, occupational, and cognitive rehabilitation to regain your ability to perform necessary daily tasks.

Your New York Brain Injury Lawyer

If you’ve suffered a serious brain injury during an accident, it could leave you in need of ongoing medical care. Working with a New York brain injury lawyer to recover compensation from the liable party can help you get fairly compensated for your  hospital bills, lost income, and the pain and suffering you have experienced and continue to suffer.

The team at the Law Office of Brett J. Nomberg, PLLC, is here and ready to help with your brain injury case. Contact us to schedule an initial consultation regarding your brain injury claim today.