Key Takeaways
- Three-year statute of limitations applies to most brain injury lawsuits in New York (NY CPLR § 214)
- 90-day notice requirement for claims against government entities or municipalities
- Medical malpractice cases have a 2.5-year (30-month) filing deadline with specific exceptions
- No upfront costs – most brain injury attorneys work on contingency (typically 33.33% of settlement)
- Average timeline: 18 months to 3 years from filing to settlement or trial verdict
- Settlement ranges: $100,000 to several million depending on injury severity and liability
If you or a loved one has suffered a brain injury due to someone else’s negligence in New York, understanding how to file a lawsuit is essential for protecting your legal rights and securing fair compensation. Brain injury cases are among the most complex personal injury claims due to the severe, often permanent nature of these injuries and the substantial medical costs involved.
This comprehensive guide walks you through every step of the New York brain injury lawsuit filing process, from initial consultation through settlement or trial. Whether your injury resulted from medical malpractice, a car accident, workplace incident, or other negligence, you’ll learn the critical deadlines, legal requirements, and strategic considerations that can significantly impact your case outcome.
Understanding Your Legal Timeline: Critical Deadlines
Time is not on your side when it comes to filing a brain injury lawsuit in New York. The state imposes strict deadlines known as statutes of limitations that can completely bar your claim if missed—regardless of how strong your case may be.
Standard Personal Injury Claims: 3-Year Deadline
For most traumatic brain injury lawsuits in New York, you have three years from the date of the injury to file your claim under NY Civil Practice Law & Rules § 214. This applies to brain injuries caused by:
- Motor vehicle accidents (car, truck, motorcycle, pedestrian)
- Slip and fall accidents
- Workplace injuries (in addition to workers’ compensation claims)
- Assault or intentional acts
- Defective products
Important: New York’s statute of limitations is strict and requires all lawsuits to be filed within the deadline. If you file your case too late, you may lose your case entirely. The defendant can use the statute of limitations as a complete defense to your claim. [Source: Sullivan Galleshaw]
Medical Malpractice Cases: 2.5-Year Deadline
If your brain injury resulted from medical malpractice—such as surgical errors, anesthesia mistakes, or failure to diagnose—you typically have 2.5 years (30 months) from the date of the malpractice to file under NY CPLR § 214-a.
Key exceptions to the medical malpractice deadline include:
Continuous Treatment Doctrine
If the malpractice occurred during ongoing treatment, the 30-month clock doesn’t start until your last treatment that was part of that course of care. [Source: Block O’Toole & Murphy]
Discovery Rule
Introduced January 31, 2018, this rule extends the statute of limitations until the injury is discovered, offering relief to those who realize their suffering years after treatment. The deadline can extend up to seven years from treatment depending on discovery date. [Source: Pagan Law Firm]
Foreign Objects
If a foreign object was left inside your body during surgery, you must file within one year of the date the object was or should have been discovered, whichever comes first.
Incapacity Tolling
CPLR § 208(a) tolls the period for disabilities like severe brain trauma that renders you unable to manage your own affairs. Courts generally apply this to those unable to protect rights due to inability to function. [Source: NY Courts]
Government and Municipal Claims: 90-Day Notice Requirement
If your brain injury was caused by a government entity—such as a city-owned hospital, public transportation accident, or municipal facility—you face a much shorter deadline.
⚠️ Critical Deadline: You must file a Notice of Claim within 90 days of the injury when suing any New York municipality (city, county, town, village, fire district, or school district) under General Municipal Law § 50-e. After filing the notice, you must file the actual lawsuit within 1 year and 90 days from the injury date. [Source: Meirowitz & Wasserberg]
Late filing options: If you miss the 90-day deadline, you can petition the court for permission to file a late notice. However, permission is not guaranteed. Courts consider factors including whether the government acquired actual knowledge of the claim within 90 days, whether you were incapacitated, and whether the delay substantially prejudiced the government’s defense. [Source: Friedlander Law]
Government claims typically require a 50-H hearing—a formal proceeding where you’re questioned under oath about the facts of your case, similar to a deposition.
Step 1: Seek Immediate Medical Attention
Before any legal action can begin, your health and safety must come first. Seeking immediate medical attention after a brain injury serves two critical purposes:
- Medical necessity: Brain injuries can worsen rapidly without proper treatment. Even if symptoms seem mild initially, conditions like subdural hematomas or diffuse axonal injury can have delayed presentations.
- Legal documentation: Your medical records create the foundation of your legal case, establishing the timing, severity, and cause of your injury.
Essential medical documentation includes:
- Emergency room records documenting initial presentation and Glasgow Coma Scale (GCS) assessment
- Imaging studies (CT scans, MRI, MRS imaging) showing structural brain damage
- Neuropsychological evaluations measuring cognitive and functional impairments
- Treatment records spanning hospitalization, rehabilitation, and ongoing care
- Specialist consultations from neurologists, neurosurgeons, and rehabilitation specialists
“Documented proof, corroborated by a medical professional, is essential in a traumatic brain injury lawsuit in New York. Your doctor will run the appropriate tests and scans to assess the severity of your injury. Medical records ranging from the day of your injury to a lawsuit can show how your injury has or hasn’t progressed over time.” [Source: Carrion Law Firm]
Step 2: Consult with an Experienced Brain Injury Attorney
After stabilizing medically, your next critical step is consulting with an attorney who specializes in brain injury cases. This initial consultation is typically free and allows you to understand your legal options without financial commitment.
Why Brain Injury Cases Require Specialized Legal Expertise
Brain injury lawsuits are fundamentally different from typical personal injury claims due to:
- Medical complexity: Proving causation requires understanding neuroscience, brain imaging, and long-term prognosis
- High stakes: The lifetime cost of treatment for a TBI ranges from $85,000 to $3 million [Source: Block O’Toole & Murphy]
- Expert witnesses: Cases typically require testimony from neurologists, neuropsychologists, life care planners, and economists
- Future damages: Many brain injuries cause permanent disabilities requiring decades of ongoing care
What to Expect During Your Initial Consultation
During your first meeting with a brain injury attorney, expect to discuss:
How the Injury Occurred
Detailed circumstances of the accident or medical error, including dates, locations, and parties involved.
Medical Treatment History
All medical providers seen, diagnoses received, treatments undergone, and current prognosis.
Economic Impact
Medical bills, lost wages, future earning capacity, and anticipated care costs.
Insurance Coverage
Available insurance policies (health, auto, homeowners, commercial) that may provide coverage.
Statute of Limitations
Confirming that your claim falls within the applicable filing deadline.
Case Viability
The attorney’s preliminary assessment of liability strength and potential compensation range.
Understanding Attorney Fees: Contingency Basis
In New York, personal injury lawyers handling brain injury cases work on a contingency fee basis, meaning you pay no upfront fees or costs. The attorney only gets paid if they secure compensation for you through settlement or verdict.
| Fee Type | Standard Rate | Notes |
|---|---|---|
| Standard Personal Injury | 33.33% (one-third) | This is the new norm for most NY personal injury cases [Source: Ajlouny Injury Law] |
| Medical Malpractice | Sliding scale (30% to 10%) | NY Judiciary Law § 474-a(2) caps fees: 30% of first $250K, decreasing to 10% over $1.25M |
| Case Expenses | $10,000 – $100,000+ | Attorney typically advances costs; reimbursed from settlement [Source: NY Injury Blog] |
Common case expenses that attorneys advance on your behalf include:
- Court filing fees ($2,000+)
- Medical records fees ($500+)
- Expert witness fees ($1,000 – $50,000+)
- Deposition costs ($1,000+)
- Investigation expenses ($1,500+)
Your written contingency fee agreement must specify whether these costs are included in the attorney’s percentage or charged separately. Most agreements deduct expenses from the settlement before calculating the attorney’s fee.
Step 3: Investigation and Evidence Gathering
Once you retain an attorney, they will immediately begin a thorough investigation to build the strongest possible case. This phase is critical for establishing both liability and damages.
What Your Attorney Must Prove
To succeed in a brain injury negligence claim, your attorney must establish four legal elements:
- Duty of care: The defendant owed you a legal obligation to act with reasonable care
- Breach of duty: The defendant failed to meet that standard of care through negligence or wrongful conduct
- Causation: The defendant’s breach directly caused your brain injury
- Damages: You suffered measurable losses as a result (medical bills, lost wages, pain and suffering)
[Source: Block O’Toole & Murphy]
Evidence Collection Strategy
Your attorney will gather all possible evidence including:
📋 Medical Evidence
- Complete medical records from all providers
- Imaging studies (CT, MRI, PET scans)
- Neuropsychological test results
- Treatment plans and rehabilitation records
- Expert medical opinions on causation and prognosis
📸 Accident Evidence
- Police reports and incident reports
- Photographs and video footage (security cameras, dashcams)
- Eyewitness statements and contact information
- Physical evidence from the scene
- Accident reconstruction expert analysis
💰 Economic Documentation
- Medical bills and invoices
- Pay stubs and tax returns showing lost income
- Employment records documenting work restrictions
- Life care plan outlining future medical needs
- Economic expert analysis of lost earning capacity
⚖️ Liability Evidence
- Defendant’s background and history
- Safety violations or prior complaints
- Industry standards and regulations
- Maintenance records (for premises or equipment cases)
- Expert testimony on standard of care
“Having strong evidence alone doesn’t guarantee success—attorneys must effectively present materials demonstrating direct causation between the defendant’s conduct and the plaintiff’s traumatic brain injury.” [Source: Carrion Law Firm]
Step 4: Filing the Lawsuit
Once your attorney completes the initial investigation and determines you have a viable case, the next step is formally filing your lawsuit with the appropriate New York court.
Choosing the Proper Court and Venue
In New York, brain injury lawsuits are typically filed in Supreme Court—despite its name, this is the trial-level court for major civil cases (cases seeking more than $25,000 in damages).
Venue selection matters significantly. Under NY CPLR § 503, you can generally file in:
- The county where you reside
- The county where the defendant resides
- The county where a substantial part of the events occurred
Strategic consideration: Venue choice can significantly impact your case outcome. NYC boroughs like Queens and Brooklyn tend to yield higher payouts compared to suburban counties like Nassau, Suffolk, and Westchester which lean conservative. [Source: Frekhtman & Associates]
The Complaint: Starting Your Lawsuit
Your lawsuit begins with filing a Summons and Complaint—legal documents that:
- Identify the parties: Names and addresses of plaintiff(s) and defendant(s)
- Assert jurisdiction: Explains why this court has authority to hear the case
- State the facts: Narrative description of how your brain injury occurred
- Legal claims: Specific causes of action (negligence, medical malpractice, etc.)
- Damages sought: Description of injuries and compensation requested
In New York brain injury cases, plaintiffs typically do not specify an exact dollar amount in the complaint, but rather request “fair and reasonable compensation” for injuries sustained.
Serving the Defendant
After filing, the defendant must be properly served with a copy of the Summons and Complaint. New York law requires personal service (hand-delivery to the defendant or an authorized agent) in most cases.
The defendant then has 20 or 30 days (depending on how they were served) to file an Answer responding to your allegations or file a motion to dismiss.
Step 5: The Discovery Process
Once both parties have filed initial pleadings, the case enters the discovery phase—a formal process where both sides exchange information and evidence.
“Before a case gets to trial, both parties will undergo the discovery phase of the process. The discovery phase allows both sides to gain a deeper understanding of the circumstances surrounding the personal injury, through a series of questions, answers, and fact gathering.” [Source: NY Courts]
Key Discovery Tools in Brain Injury Cases
| Discovery Method | Description | Key Details |
|---|---|---|
| Interrogatories | Written questions sent to the other side requiring sworn written answers | 20-day response deadline; limited in brain injury cases requiring reliance on depositions [Source: Orlow Law] |
| Depositions (EBTs) | In-person questioning of witnesses under oath, creating a trial record | Limited to 7 hours per witness (CPLR 3107-3117); held at attorney’s office or courthouse; critical for neuropsychological expert testimony |
| Document Requests | Formal demands for production of relevant documents and records | Commonly includes medical records, employment files, insurance policies, photos, and correspondence |
| Requests for Admission | Requests for the other side to admit or deny specific facts | CPLR 3123; useful for establishing undisputed issues like document authenticity |
| Medical Examinations | Defendant can request independent medical exam (IME) of plaintiff | CPLR 3121; defense doctor examines you to assess claimed injuries; commonly disputed in TBI cases |
Timeline and Complexity
Discovery is often the longest phase of litigation. “While some discoveries may only take a few weeks or a few months in some cases, others can take many months, or even more than a year. The more complex your case is, the more severe your injuries are, or the more defendants who are named, the longer discovery will take.” [Source: Trial Law Offices]
Brain injury cases typically require extensive expert depositions covering:
- Neuropsychological assessments – Test results, clinical observations, cognitive status
- Treating physician testimony – Diagnosis, treatment, prognosis
- Life care planners – Future medical needs and costs
- Vocational experts – Lost earning capacity and employability
- Economic experts – Present value calculations of lifetime damages
“Depositions allow legal teams to gather credible, detailed medical statements before trial. When handled by qualified neuropsychologists, depositions provide thorough insight into a patient’s cognitive status.” [Source: Center for Cognition]
Step 6: Settlement Negotiations and Mediation
Throughout the lawsuit process—and especially after discovery reveals the strength of evidence—both sides typically engage in settlement negotiations to resolve the case without trial.
When Settlements Occur
Settlements can happen at various stages:
- Pre-lawsuit: After sending a demand letter but before filing suit
- During discovery: Once medical records and expert opinions are exchanged
- After mediation: Following court-ordered settlement conferences
- On the courthouse steps: Even during jury selection when trial risks become clear
“Settlements can happen at various stages of a case. Before a lawsuit is filed – often initiated by a demand letter, this is the earliest—and sometimes most efficient—time to settle. Many cases settle during the discovery process, once evidence like medical records and witness statements are exchanged.” [Source: Douglas & London]
The Mediation Process
Mediation is a voluntary procedure (though often court-ordered) where a neutral third party—typically a retired judge or experienced attorney—facilitates settlement discussions.
How Mediation Works
- Opening statements: Each side presents their case to the mediator
- Private caucuses: Mediator meets separately with each party to discuss strengths/weaknesses
- Demand and offer: Plaintiff states settlement demand; defense makes counteroffer
- Negotiation rounds: Back-and-forth proposals facilitated by mediator
- Resolution or impasse: Either agreement is reached or case proceeds toward trial
“In some cases, a settlement may be agreed to in a single meeting. In other cases, settlement negotiations can be lengthy, and the team may have multiple negotiating sessions. Once mediation is underway, the length of time required to settle may depend greatly on the negotiation skills of your attorney.” [Source: Hutzler Law]
Reaching Maximum Medical Improvement (MMI)
Before settling, your attorney will typically advise waiting until you reach Maximum Medical Improvement (MMI)—the point where your condition is no longer significantly improving and doctors can accurately assess your long-term prognosis.
This is critical because once you settle, you cannot reopen your case if your condition worsens or additional complications arise. For severe brain injuries, reaching MMI can take months or even years.
Step 7: Going to Trial (If Necessary)
If settlement negotiations fail, your case proceeds to trial before a judge and jury. While most brain injury cases settle (approximately 95%), preparing for trial is essential to maximize settlement leverage.
Trial Timeline
“If you need to litigate your case, the court’s schedule could cause additional delays. In some busy jurisdictions, there could be months or even years of backlog before the court will set a trial date.” [Source: Law Offices of Jay S. Knispel]
Typical brain injury trial timeline:
- Jury selection (voir dire): 1-3 days
- Opening statements: Half day
- Plaintiff’s case-in-chief: 3-10 days (presenting evidence and expert witnesses)
- Defense case: 2-7 days (defendant’s evidence and experts)
- Rebuttal: 1-2 days (plaintiff responds to defense case)
- Closing arguments: Half to full day
- Jury deliberation: Hours to several days
- Verdict: Judge reads jury’s decision
What the Jury Decides
In a brain injury trial, the jury determines:
- Liability: Was the defendant negligent? Did that negligence cause the injury?
- Comparative fault: Did the plaintiff share any responsibility? (New York’s pure comparative negligence rule reduces damages proportionally)
- Damages: What compensation should be awarded for past and future medical expenses, lost wages, pain and suffering, and loss of consortium?
“New York’s pure comparative negligence rule means each party’s degree of fault directly impacts the compensation awarded in a brain injury lawsuit. This concept allows injured people to recover damages even if they share some responsibility for the accident, but reduces compensation proportionally.” [Source: Godosky & Gentile]
Understanding Compensation in Brain Injury Cases
One of the most common questions brain injury victims ask is: “What is my case worth?” The answer depends on multiple factors, but understanding New York’s compensation framework helps set realistic expectations.
Types of Damages Available
Economic Damages
These are quantifiable financial losses including:
- Past and future medical expenses (hospitalization, surgery, rehabilitation, medications, assistive devices)
- Lost wages and benefits from missed work
- Loss of future earning capacity
- Home modifications for disabilities
- Cost of ongoing care and supervision
- Transportation to medical appointments
Non-Economic Damages
These address intangible losses including:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability and disfigurement
- Loss of consortium (spouse’s claim for lost companionship)
- Diminished quality of life
Settlement and Verdict Ranges in New York
“Average settlements for traumatic brain injuries in NY range from $100,000 to several million dollars. While many traumatic brain injury cases may result in settlements in the low six-figure range, there are instances where verdicts and settlements reach seven or even eight figures, particularly in cases involving severe injuries with clear liability.” [Source: Ajlouny Injury Law]
| Injury Severity | Typical Range | Key Factors |
|---|---|---|
| Mild Concussion | $50,000 – $100,000 | Full recovery expected; limited treatment needed |
| Severe Concussion/Post-Concussion Syndrome | $100,000 – $500,000+ | Long-lasting symptoms; ongoing cognitive issues; clear liability |
| Moderate TBI | $500,000 – $2,000,000 | Permanent deficits; need for ongoing care; work limitations |
| Severe TBI | $2,000,000 – $51,000,000+ | Catastrophic injuries; lifetime care needed; total disability |
Notable New York Brain Injury Verdicts (2023-2025)
Recent New York cases demonstrate the substantial value juries place on severe brain injuries:
- Lee v. Westchester County Healthcare Corp. (2023): $51,000,000 pain and suffering award plus $51,000,000 loss of consortium and $18,000,000 future medical costs—the largest medical malpractice verdict in Westchester County history [Source: NY Injury Blog]
- Long Island Veterans Case (2024): $32,756,156 jury verdict for army veteran with massive brain damage after being hit by car—the largest non-medical malpractice verdict in Long Island history [Source: Frekhtman & Associates]
- Maffei v. A.O. Smith Water Products (2023/2025): Manhattan jury awarded $26,500,000 in pain and suffering plus $5,000,000 loss of consortium and $6,500,000 punitive damages—affirmed on appeal [Source: NY Injury Blog]
Special Considerations for Different Types of Brain Injury Cases
Car Accident Brain Injuries
New York’s no-fault insurance system covers medical expenses and economic losses up to $50,000, regardless of who caused the accident. However, brain injuries often exceed these limits, making it necessary to file a lawsuit for additional damages against the negligent driver or company that caused the crash.
To step outside no-fault and sue for pain and suffering, you must meet New York’s “serious injury” threshold—brain injuries typically qualify as they involve permanent or significant limitation of use of a body function.
Medical Malpractice Brain Injuries
Cases involving hospital negligence, surgical errors, stroke misdiagnosis, or anesthesia mistakes require additional steps:
- Certificate of Merit: Your attorney must file a certificate confirming consultation with a medical expert who supports your malpractice claim
- Expert affidavit: Detailed statement from a qualified physician explaining how the medical provider deviated from accepted standards of care
- 2.5-year deadline: Shorter statute of limitations (with exceptions noted earlier)
Birth Injury Brain Damage
Brain injuries to newborns from birth trauma, oxygen deprivation (HIE), or delayed C-sections have unique considerations:
- Extended statute of limitations: Minors have until age 21 (in some cases) to file medical malpractice claims
- Lifelong damages: Courts must calculate 70+ years of future medical care and lost earning capacity
- Specialized experts: Require maternal-fetal medicine specialists, neonatologists, and pediatric neurologists
Workplace Brain Injuries
If your brain injury occurred at work, you may have both a workers’ compensation claim AND a third-party lawsuit (if someone other than your employer was at fault, such as a subcontractor or equipment manufacturer).
Frequently Asked Questions
How long do I have to file a brain injury lawsuit in New York?
For most personal injury cases, you have 3 years from the date of injury under NY CPLR § 214. Medical malpractice cases have a 2.5-year (30-month) deadline with some exceptions for continuous treatment or late discovery. Claims against government entities require a Notice of Claim within 90 days. Missing these deadlines typically bars your claim entirely, so prompt consultation with an attorney is critical.
How much does it cost to hire a brain injury lawyer in New York?
Most New York brain injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. The standard fee is 33.33% (one-third) of your settlement or verdict. Medical malpractice cases use a sliding scale capped by law (30% of the first $250,000 down to 10% above $1.25 million). Your attorney typically advances all case expenses ($10,000-$100,000+) and is reimbursed from your settlement. You only pay if you win.
What is my brain injury case worth in New York?
Settlement values vary widely based on injury severity and case facts. Mild concussions typically settle for $50,000-$100,000. Moderate TBIs range from $500,000-$2,000,000. Severe catastrophic brain injuries with lifetime care needs can result in verdicts from $2 million to over $50 million. Recent New York cases include a $51 million medical malpractice verdict and a $32.7 million car accident verdict. Your attorney will evaluate your specific case based on medical costs, lost income, pain and suffering, and comparable verdicts.
How long does it take to settle a brain injury case in New York?
On average, brain injury cases take 18 months to 3 years from filing to resolution. Simple cases may settle within months if liability is clear and injuries are well-documented. Complex cases involving disputed liability, multiple defendants, or catastrophic injuries requiring lifetime care planning often take 3-5+ years. Many attorneys recommend waiting until you reach Maximum Medical Improvement (MMI) before settling to ensure all future damages are accounted for. Cases that go to trial typically take longer due to court scheduling backlogs.
Do I need to file a Notice of Claim if a government entity caused my brain injury?
Yes. When suing any New York municipality (city, county, town, village, school district) or government hospital, you must file a Notice of Claim within 90 days of the injury under General Municipal Law § 50-e. This is a strict deadline—missing it can permanently bar your claim. After filing the notice, you must file the actual lawsuit within 1 year and 90 days. You may need to attend a 50-H hearing where you’re questioned under oath. If you missed the 90-day deadline, you can petition the court for late filing permission, but it’s not guaranteed.
What evidence do I need to prove my brain injury lawsuit?
Strong brain injury cases require: Medical evidence (CT scans, MRI, neuropsychological testing, treatment records); Accident evidence (police reports, photos, witness statements, security video); Economic documentation (medical bills, pay stubs, life care plan); and Expert testimony (neurologists, neuropsychologists, vocational and economic experts). Your medical records must span from the day of injury through current treatment to show how your condition has progressed. Having documented proof corroborated by medical professionals is essential in New York TBI lawsuits.
Can I still sue if I was partially at fault for my brain injury?
Yes. New York follows a pure comparative negligence rule, which allows you to recover damages even if you share some responsibility for the accident. However, your compensation is reduced proportionally by your percentage of fault. For example, if you’re awarded $1 million but found 20% at fault, you receive $800,000. This is different from some states that completely bar recovery if you’re more than 50% at fault. New York’s rule means even partially at-fault victims can pursue compensation.
What happens during the discovery phase of my lawsuit?
Discovery is the formal evidence-exchange process that typically takes several months to over a year. Both sides use: Interrogatories (written questions requiring sworn answers); Depositions (in-person questioning under oath, limited to 7 hours per witness); Document requests (medical records, employment files, insurance policies); Requests for admissions (asking parties to admit specific facts); and Independent Medical Examinations (defense doctor examines you). Brain injury cases require extensive expert depositions from neurologists, neuropsychologists, life care planners, and economists to establish injury severity and future needs.
Which New York court should I file my brain injury lawsuit in?
Brain injury cases seeking more than $25,000 in damages are filed in New York Supreme Court (the state’s trial-level court). You can generally file in: the county where you reside, the county where the defendant resides, or the county where the injury occurred. Venue selection is strategic—NYC boroughs like Queens and Brooklyn tend to yield higher jury verdicts compared to more conservative suburban counties like Suffolk, Nassau, and Westchester. Your attorney will advise on the best venue for maximizing your case value.
What role do expert witnesses play in brain injury lawsuits?
Expert witnesses are critical in brain injury cases due to medical complexity. Common experts include: Neurologists (explain brain injury mechanisms and prognosis); Neuropsychologists (document cognitive deficits through testing); Life care planners (calculate lifetime medical needs and costs); Vocational rehabilitation specialists (assess work capacity and lost earning potential); Economists (calculate present value of future losses); and Medical specialists (neurosurgeons, physiatrists, psychiatrists). Before trial, attorneys conduct expert depositions providing thorough insight into your cognitive status and care needs. Expert testimony often determines whether you receive a six-figure or eight-figure verdict.
Next Steps: Protecting Your Legal Rights
Filing a brain injury lawsuit in New York requires navigating complex legal procedures, strict deadlines, and sophisticated medical evidence. The decisions you make in the days and weeks following your injury can significantly impact your case outcome and compensation amount.
Take These Steps Today
- Seek immediate medical attention if you haven’t already—your health comes first, and early documentation is crucial
- Preserve all evidence including photos, videos, witness contact information, and accident reports
- Keep detailed records of all medical treatment, expenses, and how your injury affects daily life
- Avoid giving recorded statements to insurance adjusters without legal counsel
- Don’t post on social media about your injury or activities—insurance companies monitor posts
- Consult with an experienced brain injury attorney as soon as possible to understand your rights and deadlines
Remember, the statute of limitations is ticking. Every day you wait brings you closer to losing your legal rights permanently. Most brain injury attorneys offer free consultations, so there’s no financial risk in exploring your options.
If you or a loved one has suffered a brain injury in New York, connecting with a qualified attorney who understands the medical complexities and legal nuances of these cases is essential for protecting your future and securing the compensation you deserve.
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