If you or a loved one has suffered a traumatic brain injury (TBI) due to medical negligence in New York, you may be entitled to significant compensation. Traumatic brain injury lawsuits can help victims recover damages for medical expenses, lost wages, ongoing rehabilitation, and the profound impact these injuries have on daily life. Understanding your legal rights and the claims process is essential to securing the financial support needed for long-term care and recovery.
This comprehensive guide explains everything you need to know about filing a traumatic brain injury lawsuit in New York State, including eligibility requirements, the statute of limitations, types of recoverable damages, and what to expect throughout the legal process.
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) occurs when an external force causes damage to the brain, disrupting normal brain function. According to the Centers for Disease Control and Prevention (CDC), TBIs are a major cause of death and disability, with over 69,000 TBI-related deaths in the United States in 2021 alone.
In New York State specifically, the impact is staggering. The New York State Department of Health reported in March 2024 that nearly 157 incidents of TBIs occur daily in New York, resulting in death or hospital treatment. Each year, TBIs result in more than 2,200 deaths, 17,000 hospitalizations, and almost 38,000 emergency department visits among New York State residents.
Types of Traumatic Brain Injuries
Mild TBI (Concussion)
Symptoms: Temporary confusion, headache, dizziness, memory problems
Recovery: Most recover within weeks to months
Legal note: Even mild TBIs can have lasting effects requiring compensation
Moderate TBI
Symptoms: Loss of consciousness (minutes to hours), persistent headaches, repeated vomiting
Recovery: Months to years of rehabilitation
Legal note: Often results in six-figure settlements
Severe TBI
Symptoms: Extended unconsciousness, profound confusion, coma, permanent disability
Recovery: May never fully recover; lifetime care often required
Legal note: Settlements commonly reach seven or eight figures
Common Medical Causes of TBI in New York
When traumatic brain injuries result from medical negligence, common scenarios include:
- Birth injuries: Oxygen deprivation during delivery, misuse of forceps or vacuum extractors, delayed C-section
- Surgical errors: Mistakes during brain surgery, anesthesia errors causing oxygen deprivation, post-operative monitoring failures
- Diagnostic failures: Missed stroke diagnosis, delayed treatment for brain hemorrhage, failure to diagnose brain aneurysm
- Medication errors: Wrong dosage causing seizures or brain damage, adverse drug reactions not properly monitored
- Hospital negligence: Patient falls causing head trauma, failure to prevent or treat infections like meningitis
When Can You File a TBI Lawsuit in New York?
Not every traumatic brain injury qualifies for a lawsuit. To have a valid medical malpractice claim in New York, you must prove four essential elements:
1. Doctor-Patient Relationship Existed
You must demonstrate that a formal doctor-patient relationship existed, meaning the healthcare provider agreed to provide medical care and you accepted that care. This establishes the provider’s legal duty to meet professional standards.
2. Breach of the Standard of Care
The healthcare provider must have deviated from the accepted standard of care. This means their actions (or inactions) fell below what a reasonably competent medical professional would have done under similar circumstances.
For example, if a neurosurgeon fails to recognize signs of increased intracranial pressure after brain surgery when any competent neurosurgeon would have identified and treated it, this constitutes a breach.
3. Causation
You must prove the breach of care directly caused the brain injury. This is often the most challenging element, as you need to show that “but for” the negligence, the TBI would not have occurred or would have been less severe.
4. Damages
Finally, you must have suffered actual damages as a result. This includes medical expenses, lost income, pain and suffering, and other quantifiable losses.
Important: Medical malpractice claims are complex and require expert testimony to establish the standard of care and causation. An experienced New York brain injury attorney can help gather the necessary medical evidence and expert witnesses to build a strong case.
New York’s Statute of Limitations for TBI Lawsuits
Understanding the statute of limitations is critical, as missing this deadline can permanently bar your claim, no matter how strong your case may be.
General Medical Malpractice Deadline
Under New York CPLR § 214-a, medical malpractice lawsuits must be filed within two years and six months (30 months) from the date of the negligent act or from the end of continuous treatment for the same condition.
Special Rules for Brain Injury Victims
Brain injury cases have unique considerations that can extend or modify the standard statute of limitations:
Mental Disability Tolling (CPLR § 208)
When a TBI renders someone mentally incapacitated and unable to protect their legal rights, the statute of limitations may be “tolled” (paused). According to New York courts, severe brain trauma generally entitles victims to tolling under CPLR § 208(a).
Key requirements for tolling:
- The brain injury must render the victim unable to manage their own affairs
- Evidence of a psychiatric or cognitive condition alone isn’t sufficient; the condition must be severe enough to prevent self-protection
- The tolling period is capped at 10 years to prevent indefinite delays
- The clock restarts when the mental disability ends (if it does)
Continuous Treatment Doctrine
If the patient continued receiving treatment from the same healthcare provider for the same condition that caused the TBI, the 30-month clock doesn’t start until the continuous treatment ends. This recognizes that patients often cannot pursue legal action while still dependent on their healthcare provider.
Minors (Children Under 18)
For children who suffer traumatic brain injuries, New York law provides extended time:
- The statute of limitations is 10 years from the date of the incident, OR
- Until the victim reaches 20.5 years of age, whichever comes first
This extended timeline recognizes that brain injuries in children may not fully manifest until years later, and parents may need time to understand the full extent of the injury.
Don’t Wait: Even though tolling provisions may extend your deadline, it’s crucial to consult with an attorney as soon as possible. Evidence can be lost, witnesses’ memories fade, and medical records may become harder to obtain over time.
Types of Damages You Can Recover
New York law allows traumatic brain injury victims to recover both economic and non-economic damages to compensate for the full impact of their injuries.
Economic Damages
These are quantifiable financial losses with specific dollar amounts:
| Damage Type | What’s Included | Typical Amounts |
|---|---|---|
| Past Medical Expenses | Emergency care, hospitalization, surgery, initial rehabilitation | $150,000 – $500,000+ |
| Future Medical Costs | Ongoing therapy, medications, assistive devices, home modifications | $500,000 – $4 million (lifetime) |
| Lost Wages | Income lost from time off work during recovery | Varies by income level |
| Lost Earning Capacity | Future income loss if unable to return to previous employment, including raises and inflation | $200,000 – $2 million+ |
| Lost Benefits | Pension contributions, health insurance, disability benefits | $50,000 – $500,000 |
According to recent research on TBI treatment costs, the average lifetime medical cost per person for a serious brain injury ranges from $85,000 to $3 million, with some cases requiring up to $4 million in lifetime care.
Non-Economic Damages
These compensate for intangible losses that don’t have a specific price tag:
- Pain and suffering: Physical pain, discomfort, and the mental anguish of living with a brain injury
- Loss of enjoyment of life: Inability to participate in hobbies, activities, and experiences you previously enjoyed
- Emotional distress: Depression, anxiety, PTSD, and other psychological impacts
- Loss of consortium: The spouse’s claim for loss of companionship, affection, and marital relations
- Disfigurement: Permanent scarring or physical changes resulting from the injury or treatment
Unlike some states, New York does not cap non-economic damages in medical malpractice cases. This means juries can award compensation that fully reflects the victim’s suffering, which in severe TBI cases can reach into the millions.
Life Care Plans: The Foundation of Future Damages
In severe TBI cases, attorneys work with life care planners—typically registered nurses or rehabilitation specialists—to create comprehensive life care plans. These detailed documents outline:
- All future medical treatments and therapies needed
- Frequency and duration of each treatment
- Cost projections adjusted for medical inflation
- Need for assistive devices and replacements
- Home modifications for accessibility
- Caregiver needs and costs
Life care plans are critical evidence in maximizing compensation, as they demonstrate to juries the true long-term financial impact of the brain injury.
The Certificate of Merit Requirement in New York
New York has a unique procedural requirement that plaintiffs must satisfy when filing medical malpractice lawsuits, including TBI cases.
What is a Certificate of Merit?
Before filing a medical malpractice lawsuit (or within 90 days after filing), your attorney must obtain and file a Certificate of Merit. This is a sworn statement from a qualified medical expert confirming that they have reviewed the facts of your case and believe there is a reasonable basis to pursue the claim.
Purpose of the Requirement
The Certificate of Merit serves to:
- Prevent frivolous lawsuits from clogging the court system
- Ensure cases have been reviewed by a medical professional before litigation begins
- Provide defendants with early notice that a qualified expert supports the claim
Who Can Provide the Certificate?
The certifying expert must be:
- A licensed physician, physician assistant, specialist assistant, nurse practitioner, or registered nurse
- Qualified to render an opinion on the applicable standard of care
- Familiar with the standards and practices relevant to the defendant’s specialty
For traumatic brain injury cases involving neurosurgery or neurology, the certifying expert would typically be a board-certified neurosurgeon or neurologist.
Note for Families: You don’t need to worry about obtaining the Certificate of Merit yourself. An experienced medical malpractice attorney will have relationships with qualified medical experts who can review your case and provide the necessary certification if the case has merit.
Average Settlement and Verdict Amounts for TBI Cases in New York
While every case is unique, understanding typical settlement ranges can help set realistic expectations.
Factors That Influence Settlement Amounts
1. Severity of the Brain Injury
The more severe the TBI, the higher the settlement or verdict:
- Mild TBI (concussion): $50,000 – $150,000
- Moderate TBI: $150,000 – $1 million
- Severe TBI (permanent disability): $1 million – $10 million+
2. Clarity of Liability
Cases with clear evidence of negligence settle for significantly more than cases where liability is disputed. If multiple defendants share responsibility or if the patient contributed to the injury, compensation may be reduced under New York’s comparative negligence rules.
3. Geographic Venue
According to legal analysis of TBI verdicts in New York, venue has a substantial impact on case values:
- New York City boroughs (Manhattan, Brooklyn, Bronx, Queens): Historically produce much higher payouts, often reaching eight figures for severe injuries
- Suburban counties (Suffolk, Westchester, Nassau): Tend to yield lower verdicts and settlements due to more conservative juries
- Upstate counties: Generally the most conservative, with lower average awards
4. Insurance Policy Limits
Even in cases of clear negligence and severe injury, available insurance coverage can cap settlement amounts. New York’s minimum auto insurance personal injury protection (PIP) is only $50,000, which is woefully inadequate for serious brain injuries. In medical malpractice cases, hospital and physician insurance policies vary widely, from $1 million to $10 million or more per occurrence.
5. Victim’s Age and Occupation
Younger victims with decades of lost earning capacity ahead of them typically receive higher settlements than older victims close to retirement. Similarly, high-earning professionals will have greater lost earning capacity calculations than those with lower incomes.
Recent New York TBI Settlement Examples
Pedestrian TBI – $1.5 Million
Case: Pedestrian struck by speeding vehicle in marked crosswalk
Injury: Severe TBI requiring ongoing rehabilitation
Damages: Medical expenses, rehabilitation costs, lost wages, pain and suffering
Veteran Auto Accident – $32 Million
Case: Veteran struck by car, suffered severe brain damage
Injury: Catastrophic TBI with permanent disability
Outcome: Jury verdict
Source: Ajlouny Injury Law firm record
Timeline for TBI Lawsuit Resolution
Patience is essential. According to legal experts, TBI cases typically take 4 to 8 years to resolve via verdict or settlement after the incident occurs. This extended timeline reflects the complexity of brain injury cases, the need for extensive medical documentation, and often the requirement to wait until the victim reaches maximum medical improvement (MMI) to accurately calculate future damages.
Quicker resolutions are rare and usually indicate lower settlement amounts due to uncertainty about long-term outcomes.
The Process of Filing a TBI Lawsuit in New York
Understanding what to expect can help reduce anxiety during an already stressful time.
Step 1: Free Consultation with an Attorney
Most New York brain injury attorneys offer free initial consultations. During this meeting:
- You’ll explain what happened and how the injury occurred
- The attorney will review medical records (if available)
- You’ll discuss the strength of your case
- The attorney will explain the legal process and fee structure
No Upfront Costs: Brain injury attorneys in New York typically work on a contingency fee basis, meaning you pay no attorney fees unless they recover compensation for you. The standard contingency fee is 33% of the recovery, or 40% if the case goes to trial.
Step 2: Case Investigation and Medical Review
Your attorney will:
- Obtain complete medical records from all treating providers
- Review records with medical experts to identify deviations from the standard of care
- Investigate the circumstances surrounding the injury
- Identify all potentially liable parties
- Determine available insurance coverage
Step 3: Certificate of Merit and Filing the Lawsuit
After a qualified medical expert confirms the case has merit, your attorney will:
- Draft a detailed complaint outlining the allegations of negligence
- File the lawsuit in the appropriate New York county
- Serve the defendants with the complaint
- File or obtain the Certificate of Merit within 90 days
Step 4: Discovery Phase
This is the longest phase of litigation, lasting 1-3 years or more, involving:
- Interrogatories: Written questions each side must answer under oath
- Depositions: Oral testimony under oath of parties, witnesses, and expert witnesses
- Document production: Exchange of relevant documents and records
- Independent Medical Examinations (IMEs): The defense may require you to be examined by their own medical expert
- Expert witness designation: Each side discloses their medical experts and the opinions they’ll offer at trial
Step 5: Mediation and Settlement Negotiations
Before trial, parties often participate in mediation—a facilitated negotiation with a neutral third party. Many TBI cases settle during or after mediation when both sides have a clear picture of the evidence.
Step 6: Trial (If Necessary)
If settlement cannot be reached, the case proceeds to trial, where:
- A jury hears testimony from witnesses and experts
- Both sides present evidence, including medical records and diagnostic imaging
- Attorneys make opening and closing arguments
- The jury deliberates and renders a verdict
- If the plaintiff wins, the jury determines the amount of damages
Trials in complex TBI cases can last 2-6 weeks or longer.
Special Considerations for Birth-Related TBI Cases
Birth injuries resulting in traumatic brain damage have unique legal and medical considerations.
Common Birth Injuries Causing TBI
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage from oxygen deprivation during labor and delivery
- Intracranial hemorrhage: Brain bleeding from trauma during difficult deliveries
- Cerebral palsy: Often results from brain injury before, during, or shortly after birth
- Forceps or vacuum extraction injuries: Skull fractures or brain bleeding from excessive force or improper use
- Delayed emergency C-section: Prolonged labor causing oxygen deprivation
Extended Statute of Limitations for Birth Injuries
As mentioned earlier, children have until their 20.5th birthday or 10 years from the incident (whichever comes first) to file a lawsuit. This extended timeline exists because:
- Brain injuries at birth may not be immediately apparent
- Developmental delays may not become evident until the child is older
- Conditions like cerebral palsy are often not diagnosed until age 2-3
- The full extent of the injury may not be clear for years
Higher Settlement Values for Birth Injuries
Birth-related TBI cases often result in the highest settlements because:
- The child faces 70-80+ years of living with the disability
- Lifetime medical and care costs can easily exceed $3-4 million
- Lost earning capacity spans an entire career
- The emotional impact on families is profound
Settlements in birth injury TBI cases commonly reach $5-15 million for severe injuries with clear negligence.
Why You Need an Experienced TBI Attorney
Traumatic brain injury cases are among the most complex in medical malpractice law. Here’s why specialized legal representation is essential:
Access to Medical Experts
TBI cases require testimony from multiple medical experts, including:
- Neurologists to explain brain function and injury mechanisms
- Neurosurgeons to discuss surgical standards of care
- Neuropsychologists to document cognitive deficits
- Life care planners to project future medical needs
- Vocational experts to calculate lost earning capacity
- Economic experts to present financial damages
Experienced TBI attorneys have established relationships with these experts and know which specialists are most effective before juries.
Understanding of Complex Medical Records
Brain injury cases involve voluminous medical records, including:
- Emergency department records
- CT scans and MRI imaging
- Surgical operative reports
- ICU monitoring records
- Neurological examination findings
- Rehabilitation progress notes
An attorney experienced in TBI cases knows how to identify critical evidence in these records that proves negligence and causation.
Maximizing Compensation
Insurance companies often make lowball settlement offers, hoping victims will accept inadequate amounts. An experienced attorney knows the true value of TBI cases and will fight for full compensation, including:
- Comprehensive calculation of all economic damages
- Proper valuation of non-economic damages like pain and suffering
- Ensuring future medical needs are fully documented
- Accounting for inflation and medical cost increases
- Identifying all potential sources of recovery
Trial Experience
While many cases settle, some must go to trial. Defense attorneys know which plaintiff’s lawyers have proven trial success and which avoid the courtroom. A strong trial record gives your attorney leverage in negotiations and ensures you’re prepared if trial becomes necessary.
How Much is a TBI Case Worth? Factors That Determine Value
Calculating the value of a traumatic brain injury case involves careful analysis of numerous factors:
Medical Factors
| Factor | Impact on Case Value |
|---|---|
| Severity of TBI | Severe TBIs with permanent disability command highest settlements |
| Glasgow Coma Scale score | Lower scores (3-8) indicate severe injury and higher compensation |
| Length of coma | Extended coma suggests more severe brain damage |
| Permanent deficits | Cognitive, physical, or behavioral changes that persist |
| Need for ongoing care | 24/7 care significantly increases lifetime costs |
Economic Factors
- Victim’s age: Younger victims have longer life expectancy and more years of lost earnings
- Pre-injury income: Higher earners have greater lost wage calculations
- Education and career potential: Professional careers cut short increase damages
- Benefits loss: Pension, 401(k) contributions, health insurance value
Legal Factors
- Strength of liability evidence: Clear negligence = higher settlement
- Credibility of plaintiff: Sympathetic victims who testify well
- Venue: NYC juries are more generous than upstate juries
- Defendant’s resources: Hospitals and large medical groups have higher insurance limits
- Quality of attorney: Experienced TBI lawyers obtain higher settlements
Free Case Evaluation: The only way to know what your specific case is worth is to have it evaluated by an experienced New York brain injury attorney. Most offer free consultations with no obligation.
What Happens If You Were Partially at Fault?
New York follows a “pure comparative negligence” rule, which means you can still recover damages even if you were partially responsible for your injury—but your compensation will be reduced.
How Comparative Negligence Works
If a jury finds you 30% at fault and the total damages are $1 million, you would recover $700,000 (70% of the total). Unlike some states that bar recovery if you’re more than 50% at fault, New York allows recovery even if you were 99% responsible (though you’d only receive 1% of damages).
Examples in Medical Malpractice TBI Cases
- Patient didn’t follow post-operative instructions: If you failed to follow surgeon’s orders after brain surgery and this contributed to complications, your recovery might be reduced
- Delayed seeking treatment: If you ignored obvious stroke symptoms for hours before seeking help, this could reduce your claim
- Pre-existing conditions: If you had a pre-existing brain condition that made you more susceptible to injury, this might affect damages but typically doesn’t bar recovery
Frequently Asked Questions About TBI Lawsuits in New York
How long do I have to file a traumatic brain injury lawsuit in New York?
Generally, you have 2 years and 6 months (30 months) from the date of the negligent act to file a medical malpractice lawsuit under NY CPLR § 214-a. However, several exceptions can extend this deadline:
- Mental disability tolling: If the TBI renders you mentally incapacitated, the statute of limitations may be paused for up to 10 years
- Continuous treatment: The deadline doesn’t start until ongoing treatment for the same condition ends
- Minors: Children have until age 20.5 or 10 years from the incident, whichever comes first
Because these rules are complex, it’s crucial to consult an attorney promptly to determine your specific deadline.
What is the average settlement for a traumatic brain injury in New York?
TBI settlement amounts vary dramatically based on severity and circumstances. General ranges include:
- Mild TBI (concussion): $50,000 – $150,000
- Moderate TBI: $150,000 – $1 million
- Severe TBI with permanent disability: $1 million – $10 million+
Factors affecting value include severity of injury, clarity of liability, victim’s age and income, available insurance coverage, and geographic venue. NYC cases typically settle for more than suburban or upstate counties.
What damages can I recover in a New York brain injury lawsuit?
You can recover both economic and non-economic damages:
Economic damages:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Lost benefits (pension, health insurance, disability)
- Cost of life care plan (therapy, assistive devices, home modifications)
- Caregiver costs
Non-economic damages:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium (spouse’s claim)
- Disfigurement
New York does not cap non-economic damages in medical malpractice cases, allowing juries to award amounts that fully compensate victims.
Do I need a lawyer for a brain injury lawsuit in New York?
While not legally required, having an experienced TBI attorney is practically essential for several reasons:
- Complexity: Brain injury cases involve sophisticated medical and legal issues beyond most people’s expertise
- Expert witnesses: You’ll need testimony from neurologists, neurosurgeons, life care planners, and economic experts
- Certificate of Merit: New York requires a medical expert’s certification before filing
- Insurance tactics: Defense lawyers and insurers use strategies to minimize payouts; experienced attorneys counter these effectively
- Maximizing compensation: Attorneys know how to fully calculate and prove damages
- No upfront cost: Most TBI attorneys work on contingency, so you pay nothing unless they win
The difference between representing yourself and having skilled legal counsel can be millions of dollars in compensation.
How long does a brain injury lawsuit take in New York?
TBI cases typically take 4 to 8 years from the incident to final resolution via verdict or settlement. This extended timeline reflects:
- Need to reach maximum medical improvement (MMI) to accurately calculate damages
- Complexity of medical evidence and expert testimony
- Extensive discovery phase (depositions, document exchanges, IMEs)
- Court scheduling delays
- Settlement negotiations and mediation
Some cases settle more quickly (2-3 years), but these often involve lower settlement amounts due to uncertainty about long-term outcomes. Severe TBI cases that go to trial may take 6-10 years to fully resolve, including any appeals.
What is a Certificate of Merit and why is it required?
New York law requires plaintiffs in medical malpractice cases to obtain a Certificate of Merit—a sworn statement from a qualified medical expert confirming the case has a reasonable basis. The certificate must be filed with the lawsuit or within 90 days after filing.
Purpose: Prevents frivolous lawsuits by ensuring a medical professional has reviewed the case before litigation proceeds.
Who provides it: A licensed physician, physician assistant, nurse practitioner, or registered nurse qualified to render an opinion on the applicable standard of care.
Your role: Your attorney handles obtaining the certificate; you don’t need to find an expert yourself.
Can I sue if my child suffered a birth injury causing brain damage?
Yes, birth injuries resulting in brain damage are among the most common and highest-value medical malpractice claims. Common scenarios include:
- Oxygen deprivation during labor and delivery (hypoxic-ischemic encephalopathy/HIE)
- Delayed emergency C-section
- Misuse of forceps or vacuum extractors
- Failure to monitor fetal distress
- Failure to treat maternal infections
- Medication errors during labor
Extended deadline: Children have until age 20.5 or 10 years from birth (whichever comes first) to file, but it’s best to consult an attorney as soon as the injury is discovered.
Settlement values: Birth injury TBI cases often settle for $5-15 million due to lifetime care needs and lost earning capacity.
What if the brain injury happened during surgery?
Brain injuries during surgery can result from various forms of negligence:
- Anesthesia errors: Oxygen deprivation from intubation failure, monitoring failures, or medication errors
- Surgical mistakes: Errors during brain surgery, spinal surgery, or other procedures
- Blood loss: Excessive bleeding not properly controlled
- Post-operative monitoring failures: Missing signs of stroke, hemorrhage, or infection
- Wrong-site surgery: Operating on the wrong area of the brain
These cases require careful review of operative reports, anesthesia records, and post-operative monitoring logs by medical experts to identify where the standard of care was breached.
Will I have to go to trial, or will my case settle?
Most TBI cases settle before trial—approximately 90-95% according to legal experts. Reasons include:
- Cost: Trials are expensive for both sides, with expert witness fees, court costs, and attorney time
- Uncertainty: Juries can be unpredictable; settlement provides certainty
- Time: Trials can take weeks or months; settlement provides faster resolution
- Stress: Trials are emotionally draining for injured victims and families
However, having an attorney prepared and willing to try the case is crucial. Defense lawyers offer better settlements when they know the plaintiff’s attorney has a strong trial record.
How much does it cost to hire a brain injury attorney in New York?
Most New York brain injury attorneys work on a contingency fee basis, meaning:
- No upfront fees: You pay nothing to hire the attorney
- No fees unless you win: The attorney only gets paid if they recover compensation for you
- Percentage of recovery: Standard contingency fees are 33% if the case settles before trial, 40% if it goes to trial
- Case expenses: Costs for expert witnesses, medical records, court filing fees, and depositions are typically advanced by the attorney and reimbursed from the settlement
Example: If your case settles for $2 million and the attorney fee is 33%, the attorney receives $660,000, and you receive $1,340,000 (minus case expenses).
Free consultations are typically offered, so you can discuss your case with an attorney at no cost or obligation.
What should I do if I suspect medical negligence caused a brain injury?
Take these immediate steps:
- Seek medical attention: Your health and safety come first; get proper treatment immediately
- Preserve evidence: Keep all medical records, bills, prescription bottles, and documentation
- Document everything: Write down what happened while memories are fresh, including dates, names of providers, symptoms, and conversations
- Don’t sign anything: Insurance companies may ask you to sign releases or settlement agreements; consult an attorney first
- Don’t give recorded statements: Politely decline requests from insurance adjusters to give recorded statements until you’ve spoken with a lawyer
- Consult an attorney promptly: Statute of limitations deadlines are strict; early consultation preserves your rights
- Get a second medical opinion: Another doctor’s evaluation can help identify whether negligence occurred
Can family members sue for their loved one’s traumatic brain injury?
Yes, in several situations:
If the victim is mentally incapacitated: Family members can be appointed as legal guardians to file and pursue the lawsuit on the victim’s behalf.
Loss of consortium claims: Spouses can file their own claims for loss of companionship, affection, and marital relations due to the brain injury.
Wrongful death: If the TBI results in death, the personal representative of the estate can file a wrongful death lawsuit on behalf of surviving family members.
Parents of minor children: Parents can file lawsuits on behalf of children who suffered birth injuries or other brain damage.
Connect with a Qualified New York Brain Injury Attorney
If you or a loved one has suffered a traumatic brain injury due to medical negligence in New York, time is of the essence. The legal process is complex, and navigating it without experienced representation can result in reduced compensation or missed deadlines.
At Brain Injury Lawyer New York, we connect families with qualified New York medical malpractice attorneys who specialize in traumatic brain injury cases. Our service is completely free—we’re an educational resource, not a law firm.
Get Your Free Case Evaluation
Connect with experienced New York brain injury attorneys at no cost. Most attorneys work on contingency—no fees unless you win.
What to Expect When You Reach Out
- Free consultation: No cost, no obligation to discuss your case
- Case evaluation: Attorney will review your situation and explain your legal options
- Timeline guidance: Learn about statute of limitations deadlines specific to your case
- Clear fee structure: Most work on contingency—you pay nothing unless they recover compensation
- No pressure: Take time to decide if legal action is right for you
Key Takeaways
Important Points to Remember:
- Traumatic brain injuries from medical negligence can result in significant compensation to cover lifetime medical needs and lost income
- New York’s statute of limitations is generally 2.5 years, but exceptions exist for mental disability, minors, and continuous treatment
- You can recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) with no caps in New York
- Settlement amounts range from $50,000 for mild TBIs to $10 million+ for severe injuries with permanent disability
- Cases typically take 4-8 years to resolve, requiring patience and experienced legal representation
- A Certificate of Merit from a medical expert is required before filing or within 90 days
- Most TBI attorneys work on contingency fees (33-40%), so you pay nothing upfront and nothing unless you win
- Birth injury TBI cases have extended deadlines (until age 20.5) and often result in the highest settlements
Understanding your legal rights is the first step toward securing the compensation you and your family deserve. Don’t let statute of limitations deadlines or insurance company tactics prevent you from obtaining justice and the resources needed for long-term care and recovery.
This article provides general information about traumatic brain injury lawsuits in New York and should not be considered legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified New York medical malpractice attorney for advice about your particular situation.
