If you or a loved one has suffered a traumatic brain injury in Nassau County, understanding your legal rights is critical. Brain injuries can result from car accidents, medical malpractice, workplace incidents, or falls—and the consequences can be life-altering. With nearly 157 brain injury incidents occurring daily across New York State, victims need experienced legal guidance to navigate complex claims and secure the compensation they deserve.
Nassau County, home to over 1.3 million Long Island residents, provides access to specialized trauma care facilities including Nassau University Medical Center—the county’s only Level I Trauma Center. However, receiving treatment is only the first step. Understanding how to file a claim at Nassau County Supreme Court, meeting strict statute of limitations deadlines, and proving negligence requires knowledgeable legal representation.
This comprehensive guide explains everything Nassau County brain injury victims need to know about pursuing compensation, from identifying liable parties to understanding the difference between personal injury and medical malpractice claims under New York law.
Why Choose a Nassau County Brain Injury Lawyer
Brain injury cases are among the most complex personal injury claims in New York. These cases often involve extensive medical evidence, expert testimony from neurologists and life care planners, and sophisticated legal arguments about causation and damages. A Nassau County brain injury lawyer brings local expertise that matters:
- Familiarity with Nassau County Supreme Court procedures: Your attorney knows how to file claims at 100 Supreme Court Drive in Mineola and navigate the local court system efficiently.
- Relationships with Long Island medical experts: Local attorneys work with neurologists, neurosurgeons, and rehabilitation specialists who can evaluate your injury and provide compelling testimony.
- Understanding of New York’s comparative negligence laws: Even if you were partially at fault, you may still recover damages. An experienced lawyer maximizes your recovery under New York’s pure comparative fault system.
- Knowledge of Nassau County insurance practices: Local attorneys understand how insurance companies in the area evaluate claims and can counter lowball settlement offers.
⚖️ Important: Brain Injury Lawyer New York is an educational resource connecting victims with qualified New York medical malpractice attorneys. We are NOT a law firm—we provide free information and free attorney connections. Attorneys work on contingency, meaning families pay nothing unless they win.
Understanding Traumatic Brain Injuries
A traumatic brain injury (TBI) occurs when an external force causes brain dysfunction. According to the Centers for Disease Control and Prevention, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021 nationwide.
Brain injuries range from mild concussions to severe injuries causing permanent disability or death. The severity depends on the force of impact, location of injury, and whether the injury was penetrating or closed-head trauma.
Symptoms of Traumatic Brain Injury
Mild TBI symptoms include:
- Headache or pressure in the head
- Confusion or feeling dazed
- Dizziness or balance problems
- Nausea or vomiting
- Sensitivity to light or noise
- Memory or concentration problems
- Mood changes or irritability
Moderate to severe TBI symptoms include:
- Loss of consciousness for minutes to hours
- Persistent or worsening headache
- Repeated vomiting
- Seizures or convulsions
- Pupil dilation in one or both eyes
- Clear fluids draining from nose or ears
- Inability to wake from sleep
- Weakness or numbness in fingers and toes
- Profound confusion or agitation
- Slurred speech
Long-Term Effects of Brain Injuries
Severe brain injuries can cause permanent impairments affecting:
- Cognitive function: Memory loss, difficulty concentrating, impaired judgment
- Physical abilities: Paralysis, coordination problems, chronic pain
- Communication: Speech difficulties, language processing problems
- Emotional regulation: Depression, anxiety, personality changes
- Sensory perception: Vision or hearing loss, loss of taste or smell
Common Causes of Brain Injuries in Nassau County
According to the New York State Department of Health, the leading causes of traumatic brain injury in New York include falls, motor vehicle crashes, and assaults. In Nassau County specifically, brain injuries frequently result from:
Motor Vehicle Accidents
Nassau County’s extensive road network—including the Long Island Expressway, Northern State Parkway, and Southern State Parkway—sees thousands of accidents annually. High-speed collisions, rollover accidents, and pedestrian strikes can cause severe brain trauma.
Medical Malpractice
Brain injuries caused by medical negligence include:
- Birth injuries: Hypoxic-ischemic encephalopathy (HIE), cerebral palsy from oxygen deprivation during delivery
- Surgical errors: Brain damage from anesthesia errors, surgical mistakes, or post-operative infections
- Delayed diagnosis: Failure to diagnose brain tumors, strokes, or aneurysms
- Emergency room errors: Missed head injury symptoms, delayed treatment of traumatic injuries
- Medication errors: Overdoses or wrong medications affecting neurological function
Slip and Fall Accidents
Property owners in Nassau County have a duty to maintain safe premises. Brain injuries from falls often occur at:
- Retail stores and shopping centers
- Restaurants and bars
- Parking lots and sidewalks
- Construction sites
- Nursing homes and assisted living facilities
Workplace Accidents
Construction workers, warehouse employees, and industrial workers face elevated brain injury risks from:
- Falls from heights or scaffolding
- Falling objects striking the head
- Equipment malfunctions
- Electrical shocks
- Explosions or fires
Nassau County Medical Facilities for Brain Injury Treatment
Nassau County provides access to several Level I and Level II trauma centers equipped to handle severe brain injuries. Prompt treatment at these facilities can significantly improve outcomes.
🏥 Nassau County Trauma Centers & Brain Injury Treatment Facilities:
- Nassau University Medical Center (NUMC) – East Meadow
Level I Trauma Center verified by the American College of Surgeons. NUMC is the only Level I Trauma Center in Nassau County and serves as the county’s public hospital, providing lifesaving care to over 80% Medicaid, Medicare, or uninsured patients. - North Shore University Hospital – Manhasset
Adult trauma center with comprehensive neurosurgical services - NYU Langone Hospital—Long Island – Mineola
Formerly NYU Winthrop, provides advanced neurocritical care - South Nassau Communities Hospital – Oceanside
Adult trauma center serving southern Nassau County - Emerge Nursing and Rehabilitation – Port Washington
CARF-certified 30-bed brain injury rehabilitation unit providing specialized occupational, physical, and speech therapy
If you or a loved one received treatment at any of these facilities following negligence, documentation from these hospitals will be critical evidence in your legal claim.
Types of Brain Injury Cases We Handle
Car Accident Brain Injuries
Brain injuries from collisions on Long Island Expressway, parkways, and local roads. Includes injuries from rear-end crashes, T-bone accidents, and rollover incidents.
- Closed-head trauma from impact
- Coup-contrecoup injuries
- Penetrating head injuries from debris
- Secondary injuries from delayed treatment
Medical Malpractice Brain Injuries
Injuries caused by healthcare provider negligence at Nassau County hospitals, surgical centers, and medical practices.
- Birth injury causing HIE or cerebral palsy
- Anesthesia errors during surgery
- Stroke misdiagnosis or delayed treatment
- Post-operative infections affecting the brain
Premises Liability Brain Injuries
Brain injuries from slip and fall accidents, inadequate security, or dangerous property conditions.
- Falls on wet floors or icy sidewalks
- Inadequate lighting causing trips or falls
- Assaults due to negligent security
- Swimming pool accidents
Construction Accident Brain Injuries
Brain injuries at Nassau County construction sites from falls, falling objects, or equipment failures.
- Falls from scaffolding or ladders
- Struck by falling tools or materials
- Crane or equipment accidents
- Electrocution causing brain damage
Proving a Brain Injury Claim in New York
Successfully recovering compensation requires proving four essential elements under New York law:
1. Duty of Care
The defendant owed you a legal duty. For example:
- Drivers have a duty to operate vehicles safely and follow traffic laws
- Property owners must maintain safe premises free from hazards
- Doctors and hospitals must provide care meeting accepted medical standards
- Employers must provide safe working environments
2. Breach of Duty
The defendant violated that duty through negligence or recklessness. This could include:
- Speeding, distracted driving, or running red lights
- Failing to repair known hazards or warn visitors
- Surgical errors, medication mistakes, or delayed diagnosis
- OSHA safety violations at construction sites
3. Causation
The breach directly caused your brain injury. Medical records, expert testimony, and diagnostic imaging (CT scans, MRIs) establish the causal link between the defendant’s actions and your injury.
4. Damages
You suffered actual losses including medical expenses, lost wages, pain and suffering, and diminished quality of life.
Evidence Critical to Brain Injury Claims
- Medical records: Emergency room reports, hospital stays, surgical records, rehabilitation documentation
- Diagnostic imaging: CT scans, MRIs, PET scans showing brain damage
- Expert testimony: Neurologists, neurosurgeons, life care planners, vocational experts
- Accident reports: Police reports, incident reports from property owners or employers
- Witness statements: Testimony from people who witnessed the accident or observed changes in your behavior
- Employment records: Documenting lost wages and diminished earning capacity
- Surveillance footage: Video evidence from accident scenes, stores, or traffic cameras
Compensation Available in Nassau County Brain Injury Cases
New York law allows brain injury victims to recover both economic and non-economic damages. The severity of your injury, impact on your life, and strength of evidence significantly affect compensation amounts.
Economic Damages
| Damage Type | What’s Covered | Documentation Required |
|---|---|---|
| Medical Expenses | Emergency treatment, hospitalization, surgery, rehabilitation, future medical care | Hospital bills, treatment records, life care plan from expert |
| Lost Wages | Income lost during recovery, reduced earning capacity if unable to return to work | Pay stubs, tax returns, employer statements, vocational expert testimony |
| Property Damage | Vehicle repair/replacement if injury occurred in car accident | Repair estimates, replacement value documentation |
| Home Modifications | Wheelchair ramps, accessible bathrooms, safety modifications for brain injury victims | Contractor estimates, architect plans |
| Assistive Equipment | Wheelchairs, walkers, communication devices, cognitive aids | Medical equipment invoices, prescriptions |
Non-Economic Damages
Non-economic damages compensate for intangible losses that don’t have a specific dollar value:
- Pain and suffering: Physical pain, headaches, neurological discomfort
- Emotional distress: Depression, anxiety, PTSD from the injury and accident
- Loss of enjoyment of life: Inability to participate in hobbies, sports, or activities you previously enjoyed
- Loss of consortium: Compensation for spouses when brain injury affects marital relationship
- Disfigurement: Permanent scarring or physical changes from the injury
New York does not cap non-economic damages in personal injury cases (though medical malpractice cases had caps that were recently eliminated by legislation). Severe brain injuries resulting in permanent disability can result in multi-million dollar verdicts.
💰 Nassau County Verdict Example: In 2025, a Nassau County jury awarded $40 million in a medical malpractice verdict against two Long Island hospitals—demonstrating that Nassau County juries recognize the devastating impact of medical negligence causing serious injuries.
Statute of Limitations for Brain Injury Claims in New York
New York imposes strict deadlines for filing brain injury lawsuits. Missing these deadlines typically bars you from recovering any compensation, regardless of how strong your case is.
Personal Injury Claims (CPLR § 214)
Under New York Civil Practice Law & Rules § 214, you generally have three years from the date of injury to file a personal injury lawsuit for brain injuries caused by:
- Car accidents
- Slip and fall accidents
- Assault or intentional torts
- Product defects
- Most other negligence claims
Medical Malpractice Claims (CPLR § 214-a)
For brain injuries caused by medical negligence, CPLR § 214-a provides a shorter deadline: two years and six months from the date of the alleged malpractice or the last treatment for the condition.
Key exceptions for medical malpractice cases:
- Continuous treatment doctrine: The deadline may be extended if you continued treatment with the same provider for the same condition
- Foreign objects: One year from discovery of a foreign object left in the body during surgery
- Cancer misdiagnosis (Lavern’s Law): 2.5 years from when you knew or should have known about the misdiagnosis, with a 7-year overall cap
Important Tolling Provision for Brain Injury Victims (CPLR § 208)
New York law recognizes that severe brain injuries may prevent victims from protecting their legal rights. Under CPLR § 208, the statute of limitations can be “tolled” (paused) if the victim is legally incapacitated due to their injury.
Courts have held that “severe brain trauma generally entitles tolling for insanity.” However, you must prove your condition was sufficiently severe to render you unable to manage your affairs—simply having a brain injury diagnosis is not enough.
⚠️ Critical Deadline Warning: Don’t assume you have the full three years or 2.5 years to file. If a government entity is involved (public hospital, municipal vehicle, etc.), you may need to file a Notice of Claim within just 90 days of the injury. Consult an attorney immediately to protect your rights.
Statute of Limitations for Minors
If the brain injury victim is under 18 years old, the statute of limitations is tolled until they reach age 18. For medical malpractice involving minors, the deadline is the later of:
- 10 years from the date of malpractice, OR
- The child’s 18th birthday plus 2.5 years
Filing Your Claim at Nassau County Supreme Court
Brain injury lawsuits seeking damages exceeding $25,000 must be filed in New York Supreme Court (despite the name, this is a trial-level court, not an appeals court).
Nassau County Supreme Court Location
According to NY Courts official website, the Nassau County Supreme Court is located at:
đź“Ť Nassau County Supreme Court
100 Supreme Court Drive
Mineola, NY 11501
Phone: 516-493-3400
Hours: 9:00 AM – 5:00 PM
What to Expect in the Legal Process
1. Initial Consultation: Your attorney reviews medical records, accident reports, and evidence to evaluate your case’s strength.
2. Investigation: Your legal team gathers evidence, interviews witnesses, consults medical experts, and documents all damages.
3. Demand Letter: Your attorney sends a formal demand to the defendant’s insurance company outlining your injuries and compensation request.
4. Filing the Lawsuit: If settlement negotiations fail, your attorney files a Summons and Complaint at Nassau County Supreme Court.
5. Discovery: Both sides exchange evidence through interrogatories, depositions, and document requests. This phase often includes depositions of treating physicians and expert witnesses.
6. Mediation/Settlement Negotiations: Many brain injury cases settle before trial through mediation or direct negotiations.
7. Trial: If settlement fails, your case proceeds to trial before a Nassau County jury. Your attorney presents medical evidence, expert testimony, and witness statements to prove negligence and damages.
8. Verdict and Appeal: The jury determines liability and damages. Either party may appeal if there were legal errors during trial.
How Long Does a Brain Injury Case Take?
Brain injury cases are complex and typically take 1-3 years to resolve. Factors affecting timeline include:
- Severity of injuries and extent of medical treatment
- Number of defendants and insurance companies involved
- Complexity of liability (clear-cut vs. disputed fault)
- Court backlog and scheduling availability
- Willingness of parties to negotiate settlement
Comparison: Personal Injury vs. Medical Malpractice Brain Injury Claims
| Factor | Personal Injury Claim | Medical Malpractice Claim |
|---|---|---|
| Statute of Limitations | 3 years (CPLR § 214) | 2.5 years (CPLR § 214-a) |
| Standard of Care | Reasonable person standard | Accepted medical practice standard |
| Expert Witnesses | Optional but helpful | Mandatory in most cases |
| Certificate of Merit | Not required | Required within 90 days of filing |
| Discovery Process | Standard civil discovery | Extensive medical record review |
| Typical Defendants | Drivers, property owners, employers | Doctors, hospitals, surgical centers |
| Insurance Involved | Auto, homeowners, general liability | Medical malpractice insurance |
Frequently Asked Questions
How long do I have to file a brain injury lawsuit in Nassau County?
The deadline depends on the type of claim. For personal injury cases (car accidents, slip and falls), you have 3 years from the date of injury under CPLR § 214. For medical malpractice cases, you have 2.5 years under CPLR § 214-a. However, if a government entity is involved, you may need to file a Notice of Claim within just 90 days. Because brain injury cases are complex and require extensive investigation, consult an attorney as soon as possible—don’t wait until the deadline approaches.
What is the difference between personal injury and medical malpractice brain injury claims?
Personal injury claims arise when brain injuries result from accidents like car crashes, falls, or assaults. Medical malpractice claims involve brain injuries caused by healthcare provider negligence, such as surgical errors, birth injuries causing HIE or cerebral palsy, or delayed stroke diagnosis. The key differences include: personal injury claims have a 3-year statute of limitations vs. 2.5 years for malpractice; malpractice cases require expert medical testimony and a Certificate of Merit; and malpractice cases apply a higher “accepted medical practice” standard rather than general negligence.
Which hospitals in Nassau County treat traumatic brain injuries?
Nassau County has several trauma centers equipped to treat severe brain injuries. Nassau University Medical Center (NUMC) in East Meadow is the only Level I Trauma Center in Nassau County and serves as the county’s public hospital. Other trauma facilities include North Shore University Hospital in Manhasset, NYU Langone Hospital—Long Island in Mineola, and South Nassau Communities Hospital in Oceanside. For specialized brain injury rehabilitation, Emerge Nursing and Rehabilitation in Port Washington operates a CARF-certified 30-bed unit providing occupational, physical, and speech therapy.
How much is my Nassau County brain injury case worth?
Brain injury case values vary dramatically based on injury severity, impact on your life, and strength of evidence. Factors affecting compensation include: medical expenses (past and future), lost wages and earning capacity, degree of permanent disability, age at time of injury, and quality of life impact. Mild concussions may settle for tens of thousands of dollars, while severe brain injuries causing permanent disability can result in multi-million dollar verdicts. In 2025, a Nassau County jury awarded $40 million in a medical malpractice case involving serious injuries, demonstrating that local juries recognize the devastating impact of negligence. An experienced attorney can evaluate your specific case and provide a realistic estimate.
Do I need to file my lawsuit at Nassau County Supreme Court?
Brain injury cases seeking damages over $25,000 must be filed in New York Supreme Court. If the injury occurred in Nassau County or the defendant resides in Nassau County, you would file at Nassau County Supreme Court located at 100 Supreme Court Drive, Mineola, NY 11501. However, venue rules can be complex—sometimes you have options to file in different counties. Your attorney will determine the most strategic venue for your case based on where the injury occurred, where defendants are located, and which court may be most favorable to your claim.
What if the brain injury victim cannot manage their own affairs?
New York law provides protections for brain injury victims who cannot protect their legal rights due to the severity of their injury. Under CPLR § 208, the statute of limitations can be “tolled” (paused) for victims who are legally incapacitated. Courts have recognized that “severe brain trauma generally entitles tolling for insanity.” Additionally, a guardian or family member can be appointed to make legal decisions on behalf of the injured person. If the victim is a minor, parents typically have authority to pursue claims on their behalf. Consult an attorney immediately if you’re unsure whether the injured person can manage their own legal affairs—these situations require specialized legal handling.
Can I still file a claim if I was partially at fault?
Yes. New York follows a “pure comparative fault” system, meaning you can recover damages even if you were partially responsible for your brain injury. However, your compensation will be reduced by your percentage of fault. For example, if your total damages are $1,000,000 and you were found 20% at fault, you would recover $800,000. This differs from some states that bar recovery entirely if you’re more than 50% at fault. Insurance companies often try to shift blame to victims to reduce payouts—an experienced attorney will fight to minimize your assigned fault percentage and maximize your recovery.
What types of compensation are available for brain injury victims in New York?
New York law allows recovery of both economic and non-economic damages. Economic damages include medical expenses (emergency care, hospitalization, surgery, rehabilitation, future medical care), lost wages and reduced earning capacity, property damage, home modifications for accessibility, and assistive equipment. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (for spouses), and disfigurement. New York does not cap non-economic damages in personal injury cases, allowing juries to award compensation that truly reflects the devastating impact of severe brain injuries. In cases of extreme recklessness, punitive damages may also be available.
Connect with a Qualified Nassau County Brain Injury Attorney
If you or a loved one suffered a traumatic brain injury in Nassau County due to someone else’s negligence, time is critical. With strict statute of limitations deadlines, complex medical evidence requirements, and sophisticated insurance company tactics, you need experienced legal representation to protect your rights and maximize your recovery.
Brain Injury Lawyer New York connects victims and families with qualified New York medical malpractice attorneys who handle brain injury cases. Our service is completely free—we are NOT a law firm, and you pay nothing to use our attorney matching service. The attorneys in our network work on contingency, meaning you pay no legal fees unless they win your case.
Get your free case evaluation today: Connect with a qualified NY brain injury attorney who can evaluate your case, explain your legal options, and fight for the compensation you deserve. Don’t let insurance companies take advantage of you—get expert legal help now.
