Closed head injuries represent one of the most challenging types of traumatic brain injuries to diagnose and litigate in New York. Unlike open head injuries where skull penetration is visible, closed head injuries occur when blunt force trauma causes the brain to strike the inside of the skull without breaking through the bone. These “invisible” injuries can range from mild concussions to severe diffuse axonal injuries that result in permanent disability or death.
If you or a loved one has suffered a closed head injury due to someone else’s negligence in New York, understanding your legal rights is critical. This guide examines the medical nature of closed head injuries, common causes in New York, the legal framework governing these claims, and what compensation you may be entitled to receive. Whether your injury resulted from a car accident, workplace incident, medical malpractice, or another form of negligence, New York law provides pathways to hold responsible parties accountable.
According to the National Institute of Neurological Disorders and Stroke, traumatic brain injuries affect millions of Americans each year, with closed head injuries comprising the vast majority of cases. In New York, settlements for closed head injury cases range from $100,000 to several million dollars depending on injury severity, liability clarity, and long-term impact on the victim’s life.
What Is a Closed Head Injury?
A closed head injury occurs when a sudden force causes the brain to collide with the inside of the skull without penetrating the skull itself. As Cleveland Clinic explains, “A closed head injury means you received a hard blow to the head from striking an object, but the object did not penetrate the skull.” The strong force of impact causes the brain to shake within the skull, leading to bruising, swelling, tearing of brain tissue, or damage to nerves and blood vessels.
Unlike open head injuries where external wounds and skull fractures are readily apparent, closed head injuries can be deceptively subtle. There may be no visible external signs of trauma, yet the internal damage can be devastating. This characteristic makes closed head injuries particularly dangerous—victims and medical providers may underestimate the severity of injury, delaying critical treatment.
The mechanism of injury involves both primary and secondary damage. Primary damage occurs at the moment of impact when the brain collides with the skull’s interior surface. Secondary damage develops in the hours and days following injury as the brain swells, intracranial pressure increases, and cellular processes cascade toward further tissue death.
Types of Closed Head Injuries
Closed head injuries encompass several distinct medical conditions, each with different mechanisms, severity levels, and prognoses. Understanding these distinctions is important both for medical treatment and legal claims, as the type and severity of injury directly impacts case value.
Concussion
Most Common Type
Concussions are the most frequently occurring closed head injury, often described as “mild traumatic brain injuries” (mTBI). They result from a sudden blow or jolt that causes temporary disruption of brain function.
Key Characteristics:
- Loss of consciousness less than 6 hours (or none at all)
- Imaging often appears normal
- Symptoms: headache, dizziness, confusion, memory problems
- Physiological dysfunction rather than structural damage
According to Johns Hopkins Medicine, concussions may be a milder form of diffuse axonal injury, though the distinction can be complex.
Contusion
Brain Bruising
Contusions are bruises on the brain caused by direct impact to the head, resulting in localized bleeding and swelling of brain tissue.
Key Characteristics:
- Visible bleeding on CT or MRI scans
- Can occur at impact site or opposite side (coup-contrecoup)
- May require surgical removal if large
- Can lead to long-term cognitive and physical impairments
Large contusions can be life-threatening and often necessitate emergency surgical intervention to relieve pressure on the brain.
Diffuse Axonal Injury (DAI)
Most Severe Form
DAI involves widespread tearing or stretching of the brain’s nerve fibers (axons) due to rotational forces within the skull. The NCBI describes DAI as “one of the most common and devastating types of traumatic brain injury.”
Key Characteristics:
- Loss of consciousness exceeding 6 hours
- White matter lesions visible on MRI
- Often results in coma or persistent vegetative state
- Over 90% of severe DAI patients never regain consciousness
DAI represents the severe end of the closed head injury spectrum and typically results in permanent, life-altering disabilities.
Intracranial Hematomas
Dangerous Blood Accumulation
These injuries involve blood collecting in or around the brain, creating pressure that can be fatal without prompt treatment.
Types Include:
- Epidural hematoma: Blood between skull and dura mater
- Subdural hematoma: Blood beneath dura mater
- Subarachnoid hemorrhage: Bleeding around brain surface
These conditions often require emergency surgery to drain accumulated blood and prevent fatal brain herniation.
Common Causes of Closed Head Injuries in New York
Closed head injuries in New York occur across diverse settings, from highways and construction sites to hospitals and nursing homes. Understanding common causes helps establish liability in legal claims.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents represent the leading cause of closed head injuries in New York. The violent forces involved in collisions—particularly high-speed impacts and rear-end crashes—cause the brain to slam against the skull even when the head doesn’t strike any object. As the National Institute of Neurological Disorders notes, the sudden acceleration-deceleration forces in motor vehicle accidents are particularly likely to cause diffuse axonal injuries.
Common scenarios include:
- Head striking windshield, steering wheel, or headrest
- Whiplash forces in rear-end collisions
- Pedestrians or cyclists struck by vehicles
- Passengers thrown about during rollover accidents
Falls
According to the Centers for Disease Control and Prevention, falls are the most common cause of traumatic brain injuries overall, affecting both the youngest and oldest age groups disproportionately. In New York’s construction industry, falls from ladders, scaffolding, roofs, and other elevated surfaces routinely cause severe closed head injuries. Even falls from standing height can cause life-threatening brain damage in elderly individuals.
Common fall scenarios include:
- Construction falls from heights (scaffolding, ladders, roofs)
- Slip-and-fall accidents on wet floors, ice, or debris
- Trip-and-fall incidents on broken sidewalks or stairs
- Nursing home falls due to inadequate supervision
Workplace Accidents
Beyond falls, numerous workplace hazards cause closed head injuries in New York. Construction workers face particular risk from being struck by falling objects, swinging equipment, or heavy machinery. Office workers can suffer injuries in slip-and-fall accidents. According to the National Safety Council, the average workers’ compensation claim for a workplace head injury exceeds $92,000, reflecting the serious medical costs involved.
Common workplace causes:
- Struck by falling tools, equipment, or materials
- Industrial accidents involving machinery
- Explosions or blasts in industrial settings
- Vehicle accidents for drivers and delivery workers
Sports and Recreational Activities
Contact sports and recreational activities account for significant numbers of concussions and closed head injuries, particularly among youth. Football, soccer, hockey, boxing, and other contact sports involve repeated head impacts that can cause cumulative damage over time.
Assaults and Violence
Intentional violence, including assaults with fists, weapons, or other objects, frequently causes closed head injuries. Victims of domestic violence, bar fights, and criminal assaults may suffer severe brain damage from blunt force trauma.
Medical Malpractice
Healthcare providers can cause closed head injuries through various forms of negligence, creating complex medical malpractice claims. These scenarios are discussed in detail below.
Symptoms and Diagnosis of Closed Head Injuries
One of the most dangerous aspects of closed head injuries is that symptoms may not appear immediately. As Cleveland Clinic warns, “Many head injuries don’t cause symptoms right away, especially closed head injuries that may be harder to notice at first. It can take hours, days or even weeks to start noticing signs or symptoms.”
Immediate Symptoms
Symptoms that may appear immediately or within hours of injury include:
Physical Symptoms
- Severe headache
- Dizziness or loss of balance
- Nausea and vomiting
- Blurred vision
- Ringing in ears (tinnitus)
- Sensitivity to light or sound
Cognitive Symptoms
- Confusion or disorientation
- Memory problems
- Difficulty concentrating
- “Foggy” feeling
- Slowed thinking
- Loss of consciousness
Emotional Symptoms
- Irritability
- Anxiety
- Mood swings
- Emotional lability
- Frustration
- Personality changes
Delayed and Long-Term Symptoms
Many closed head injury victims experience symptoms that emerge days, weeks, or months after the initial trauma. According to research in the NCBI StatPearls database, more than 50% of traumatic brain injury patients develop psychiatric disturbances.
Long-term complications can include:
- Post-Concussive Syndrome: Persistent headaches, dizziness, cognitive difficulties, and emotional problems lasting months or years
- Cognitive Deficits: Memory loss, difficulty with executive functioning, processing speed problems
- Motor Dysfunction: Balance problems, coordination difficulties, weakness
- Psychiatric Issues: Depression, anxiety, post-traumatic stress disorder, personality changes
- Sleep Disturbances: Insomnia, hypersomnia, disrupted sleep-wake cycles
- Sensory Problems: Vision changes, hearing loss, altered sense of taste or smell
Diagnostic Process
Diagnosing closed head injuries requires comprehensive medical evaluation. According to Johns Hopkins Medicine, the diagnostic process includes:
Medical History and Physical Examination: Doctors obtain complete information about how the injury occurred, whether loss of consciousness occurred (and for how long), and what symptoms have developed.
Neurological Assessment: Healthcare providers test reflexes, coordination, sensation, cognitive function, and other neurological indicators.
Imaging Studies:
- CT Scan (Computed Tomography): The initial imaging study of choice, rapidly identifying bleeding, skull fractures, and brain swelling
- MRI (Magnetic Resonance Imaging): More sensitive for detecting diffuse axonal injury, white matter lesions, and subtle brain damage
- PET Scan: Sometimes used to assess brain metabolism and function
Neuropsychological Testing: Formal testing of memory, attention, processing speed, and other cognitive functions helps establish baseline deficits and track recovery.
It’s important to note that skull X-rays are not recommended for evaluating closed head injuries due to poor diagnostic value in detecting brain damage.
When Medical Malpractice Causes Closed Head Injuries
While many closed head injuries result from accidents, medical negligence can also cause devastating brain damage. Medical malpractice cases involving closed head injuries are particularly complex, requiring proof that healthcare providers breached the standard of care and directly caused harm.
Types of Medical Malpractice Causing Brain Injury
Anesthesia Errors: Anesthesiologists must precisely control powerful drugs during surgery. Mistakes can deprive the brain of oxygen, causing severe damage. Common errors include administering incorrect dosages, failing to monitor vital signs properly, or delaying oxygen delivery. As noted in legal analysis of traumatic brain injury litigation, even brief oxygen deprivation can cause permanent brain damage.
Delayed Diagnosis or Misdiagnosis: Emergency room physicians and other providers who fail to recognize head trauma symptoms can allow conditions to worsen. Missing signs of intracranial bleeding, brain swelling, or skull fractures can result in preventable death or disability. Delayed CT scans, failure to monitor patients properly, or prematurely discharging patients with head injuries constitute common forms of malpractice.
Surgical Errors: Brain and spinal surgeries require extreme precision. Operating on the wrong site, damaging brain tissue, failing to monitor oxygen supply, or causing infections can all result in closed head injuries and permanent neurological damage.
Birth Injuries: Oxygen deprivation during labor and delivery (hypoxic-ischemic encephalopathy or HIE) can cause severe closed head injuries in newborns. Failure to monitor fetal distress, delayed C-sections, and improper use of forceps or vacuum extractors are common causes.
Proving Medical Malpractice
According to legal analysis from medical malpractice brain injury cases, plaintiffs must establish four elements:
| Element | What Must Be Proven |
|---|---|
| 1. Duty of Care | The healthcare provider had a responsibility to deliver competent, appropriate medical care to the patient |
| 2. Breach of Duty | The provider failed to meet accepted medical standards that a reasonably competent provider would have met |
| 3. Causation | The provider’s negligence directly caused or substantially contributed to the brain injury |
| 4. Damages | The victim suffered measurable harm including medical expenses, lost wages, pain and suffering, or other losses |
Expert medical witnesses are essential in malpractice cases to explain how providers deviated from standard care and how that deviation caused the injury.
New York Statute of Limitations for Closed Head Injury Lawsuits
New York law imposes strict deadlines for filing closed head injury lawsuits. Missing these deadlines generally results in permanent loss of your right to compensation, making it critical to understand applicable time limits.
Personal Injury Claims: 3 Years (CPLR § 214)
For most closed head injury cases arising from car accidents, falls, workplace accidents, or other negligence, New York Civil Practice Law & Rules § 214 provides a three-year statute of limitations. The clock typically begins running on the date of injury.
This means you must file a lawsuit within three years from the date your closed head injury occurred. However, exceptions and complications exist.
Medical Malpractice Claims: 2.5 Years (CPLR § 214-a)
If your closed head injury resulted from medical malpractice, a shorter deadline applies. CPLR § 214-a requires medical malpractice lawsuits to be commenced within two years and six months of the act, omission, or failure complained of, or from the end of continuous treatment for the same condition.
Tolling for Incapacity (CPLR § 208)
Closed head injury victims often face a unique complication: the injury itself may prevent them from protecting their legal rights. New York law accounts for this through CPLR § 208, which tolls (pauses) the statute of limitations for individuals rendered incapacitated by their injuries.
According to legal analysis of tolling provisions, courts have recognized that “severe brain trauma generally entitles tolling for insanity.” A plaintiff who is “indisputably incapacitated by her brain injury and unable to take the action needed to protect her interests” qualifies for tolling.
However, psychiatric conditions alone don’t automatically trigger tolling. Plaintiffs must demonstrate their condition was sufficiently severe to render them unable to manage their own affairs and protect their legal rights.
Discovery Rule (CPLR § 214-c)
Because closed head injury symptoms often don’t appear immediately, New York’s discovery rule can be crucial. Under CPLR § 214-c, the statute of limitations may be “computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier.”
Maximum Extension: 10 Years
Even with tolling provisions, New York law imposes an absolute maximum: lawsuits generally must be filed within ten years of the injury, regardless of incapacity or delayed discovery.
Proving Your Closed Head Injury Case
Closed head injury cases present unique challenges because the injuries often lack visible external signs. Unlike broken bones visible on X-rays or lacerations requiring stitches, closed head injuries may show no obvious evidence to juries. As legal experts note in brain injury litigation guidance, “Unlike visible injuries such as broken bones, brain injuries often lack clear, external signs, making them difficult to diagnose and even harder to prove in a personal injury lawsuit.”
Essential Medical Evidence
Strong medical documentation forms the foundation of successful closed head injury cases. According to legal analysis on proving TBI cases, critical medical evidence includes:
Hospital and Emergency Room Records: Documentation from the scene of injury through initial treatment establishes the injury occurred and its severity.
Diagnostic Imaging Results: CT scans, MRI results, and PET scans showing bleeding, swelling, lesions, or other brain damage provide objective proof of injury.
Neuropsychological Testing: Formal cognitive testing documenting memory deficits, processing speed problems, and other functional impairments demonstrates the injury’s impact on daily life.
Treatment Records: Ongoing documentation from neurologists, physical therapists, occupational therapists, psychologists, and other providers shows the extent and duration of treatment needed.
Medication Records: Prescriptions for pain management, anti-seizure medications, antidepressants, and other drugs demonstrate symptom severity and treatment needs.
Expert Witness Testimony
Expert witnesses are essential in closed head injury litigation. As explained in legal and medical considerations in TBI litigation, you’ll typically need multiple experts:
Neurologist or Neurosurgeon: Medical experts testify about the nature and extent of brain injuries, the mechanics of how the injury occurred, and causation linking the defendant’s conduct to your injuries. They explain necessary treatment and future medical needs.
Neuropsychologist: These experts conduct and interpret cognitive testing, explaining how brain damage affects memory, attention, executive function, and daily activities.
Life Care Planner: Specialists who calculate the cost of future medical care, therapy, medications, assistive devices, and home modifications needed over the victim’s lifetime.
Vocational Expert: Experts who assess lost earning capacity by evaluating how brain injuries affect the ability to work and earn income.
Economic Expert: Economists who calculate total damages including future wage loss, reduced retirement benefits, and lifetime care costs.
In medical malpractice cases, you’ll also need a medical expert to testify about the standard of care and how the defendant provider breached it.
Overcoming Defense Challenges
Defense attorneys frequently challenge closed head injury cases by:
- Claiming malingering: Suggesting the plaintiff is exaggerating or faking symptoms
- Attributing symptoms to pre-existing conditions: Arguing cognitive problems existed before the injury
- Disputing causation: Claiming the accident didn’t cause the brain injury
- Minimizing impact: Suggesting the injury is mild and temporary despite evidence otherwise
Strong medical evidence, consistent symptom documentation, and credible expert testimony are essential to overcome these challenges.
Compensation Available in New York Closed Head Injury Cases
New York law allows closed head injury victims to recover several categories of compensation (called “damages”) from responsible parties. According to analysis of New York TBI verdicts and settlements, average settlements range from $100,000 to several million dollars depending on injury severity and case-specific factors.
Economic Damages
Economic damages compensate for measurable financial losses:
- Past Medical Expenses: All treatment costs from injury through trial, including emergency care, hospitalization, surgery, medications, therapy, and medical equipment
- Future Medical Expenses: Lifetime costs for ongoing care, therapy, medications, assistive devices, and potential future surgeries
- Lost Wages: Income lost from injury through trial due to inability to work
- Lost Earning Capacity: Reduced ability to earn income in the future due to permanent disabilities
- Home Modifications: Costs to make homes wheelchair accessible or otherwise accommodate disabilities
- Attendant Care: Costs for home health aides, nursing care, or family members providing care
Non-Economic Damages
Non-economic damages compensate for intangible losses that don’t have specific price tags:
- Pain and Suffering: Physical pain and discomfort caused by the injury and treatment
- Emotional Distress: Anxiety, depression, PTSD, and other psychological harm
- Loss of Enjoyment of Life: Inability to participate in hobbies, sports, and activities previously enjoyed
- Disfigurement: Permanent scarring or physical changes
- Loss of Consortium: Damages for spouses whose relationships are damaged by the injury
Punitive Damages
Punitive damages are rare in New York personal injury cases. They’re only awarded in cases of egregious, intentional, or reckless conduct to punish defendants and deter similar behavior.
Notable Closed Head Injury Settlements in New York
Understanding settlement values in similar cases helps set realistic expectations. According to analysis of New York TBI verdicts and settlements, venue significantly impacts outcomes—NYC boroughs produce higher verdicts than suburban counties like Suffolk, Nassau, and Westchester.
| Settlement/Verdict | Case Type | Injury Details |
|---|---|---|
| $35.6 Million (2024) | Medical Malpractice | 15-year-old boy suffered severe brain damage when Westchester Medical Center failed to treat sinus fractures from car accident, leading to life-threatening infections |
| $32 Million | Motor Vehicle | Veteran suffered severe brain damage after being struck by car (Block O’Toole & Murphy) |
| $1.9 Million | Motor Vehicle | Closed-head brain damage from head-on collision caused by improper brake maintenance in truck |
| $1.8 Million | Motor Vehicle | NYPD sergeant suffered diffuse axonal injury in crash |
| $1.7 Million | Premises Liability | Closed head injury from dangerous property conditions |
| $1.65 Million | Workplace (Construction) | Closed head injury from scaffolding accident |
| $1.6 Million | Motor Vehicle | Nassau County pedestrian struck by police vehicle |
| $1.5 Million | Motor Vehicle | Bronx pedestrian struck by vehicle, sustained TBI |
| $400,000 | Motor Vehicle | Bronx rear-end collision with closed-head injury and disc herniations (2020 verdict) |
| $300,000 | Motor Vehicle | 39-year-old woman, post-concussion syndrome with persistent headaches, dizziness, anxiety |
Factors Affecting Settlement Value
Several factors influence how much closed head injury cases settle for:
Injury Severity: Mild concussions with full recovery typically settle for $50,000-$100,000, while severe DAI cases with permanent disabilities can exceed $10 million.
Liability Clarity: Cases where fault is clear settle for more than cases with disputed liability. Defense verdicts (zero damages) occur when juries find defendants not responsible.
Venue: New York City boroughs (Manhattan, Bronx, Brooklyn, Queens) produce significantly higher verdicts than suburban counties. Conservative venues like Suffolk and Westchester yield lower settlements.
Insurance Policy Limits: Available insurance coverage often caps settlement amounts below the injury’s true value, particularly in cases with catastrophic injuries but modest policy limits.
Contributory Negligence: If plaintiffs share fault for accidents, New York’s comparative negligence law reduces damages proportionally.
Age and Earning Capacity: Younger victims with high earning potential typically recover more for lost future earnings than retired individuals.
Workers’ Compensation and Third-Party Claims
Workplace closed head injuries in New York involve unique legal considerations because of the workers’ compensation system.
Workers’ Compensation Benefits
If your closed head injury occurred while working, you’re entitled to workers’ compensation benefits regardless of fault. According to the National Safety Council, the average workers’ compensation claim for workplace head injuries is approximately $92,000, covering both medical expenses and lost wages.
Workers’ compensation provides:
- All necessary medical treatment
- Partial wage replacement (typically two-thirds of average weekly wage)
- Permanent disability benefits for lasting impairments
- Vocational rehabilitation if unable to return to previous work
However, workers’ compensation doesn’t provide pain and suffering damages or full wage replacement.
Third-Party Lawsuits
You can pursue additional compensation through third-party lawsuits if someone other than your employer caused your injury. Common scenarios include:
- Defective Equipment: Sue manufacturers of defective safety equipment, tools, or machinery that caused your injury
- Negligent Contractors: Sue subcontractors or other companies working at the site whose negligence caused your fall or other accident
- Motor Vehicle Accidents: Sue negligent drivers who struck you while working
- Premises Liability: Sue property owners (other than your employer) for dangerous conditions
Third-party lawsuits allow recovery of full damages including pain and suffering, which workers’ compensation doesn’t provide.
Frequently Asked Questions
What is the difference between a closed head injury and an open head injury?
A closed head injury occurs when blunt force trauma causes brain damage without penetrating the skull. The skull remains intact, but the brain is injured by striking the inside of the skull, causing bruising, swelling, bleeding, or tearing of brain tissue. An open head injury involves an object breaking through the skull and penetrating the brain, such as in gunshot wounds or severe accidents. While both can be serious, closed head injuries are far more common and can be particularly dangerous because damage may not be visible externally. According to brain injury legal analysis, closed head injuries can sometimes be more severe due to internal swelling and the difficulty of diagnosis.
How long do I have to file a closed head injury lawsuit in New York?
For most closed head injury cases in New York, you have three years from the date of injury to file a lawsuit under CPLR § 214. However, medical malpractice cases have a shorter deadline—two years and six months under CPLR § 214-a. Important exceptions exist: if your injury left you incapacitated and unable to protect your legal rights, the statute may be tolled (paused) under CPLR § 208. If symptoms didn’t appear immediately, the discovery rule under CPLR § 214-c may apply. Even with tolling, there’s generally a maximum 10-year deadline. Because these deadlines are complex and missing them means losing your right to compensation forever, consult a qualified New York brain injury attorney as soon as possible.
What types of compensation can I receive for a closed head injury in New York?
New York law allows recovery of both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, lost earning capacity, home modifications, and attendant care costs. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. According to New York TBI settlement analysis, average settlements range from $100,000 to several million dollars depending on injury severity. New York doesn’t cap non-economic damages in personal injury cases, though medical malpractice cases have specific procedural requirements. Settlement amounts vary based on injury severity, liability clarity, venue, insurance limits, and other case-specific factors.
Do I need expert witnesses to prove my closed head injury case?
Yes, expert witnesses are essential in closed head injury litigation. Because brain injuries often lack visible external signs and can be challenging to prove, you’ll typically need multiple experts. A neurologist or neurosurgeon testifies about the nature and extent of injuries, how they occurred, and causation. A neuropsychologist conducts cognitive testing and explains functional impairments. A life care planner calculates future medical costs. Vocational experts assess lost earning capacity, and economists calculate total damages. In medical malpractice cases, you’ll also need experts to establish the standard of care and how it was breached. According to brain injury litigation guidance, expert testimony is paramount due to the subtle nature of brain injuries that don’t show on standard imaging.
Can I file a lawsuit if my closed head injury was caused by medical malpractice?
Yes, if medical negligence caused your closed head injury, you can file a medical malpractice lawsuit in New York. Common scenarios include anesthesia errors that deprive the brain of oxygen, delayed diagnosis or misdiagnosis of head trauma in emergency rooms, surgical errors during brain or spinal surgery, and birth injuries from oxygen deprivation during labor. To prevail, you must prove four elements: the provider owed you a duty of care, they breached the standard of care, their breach directly caused your injury, and you suffered damages. Medical malpractice cases are complex and require expert witnesses to establish what the standard of care required and how the provider deviated from it. The statute of limitations is shorter—two years and six months under CPLR § 214-a—so prompt consultation with a qualified medical malpractice attorney is critical.
What is diffuse axonal injury and how does it differ from a concussion?
Diffuse axonal injury (DAI) and concussion exist on a spectrum of closed head injuries but differ significantly in severity. According to the NCBI medical literature, concussion is a mild traumatic brain injury involving temporary brain dysfunction, typically with loss of consciousness less than 6 hours (or none at all). Imaging often appears normal, and most patients recover fully. DAI is far more severe, involving widespread tearing or stretching of the brain’s nerve fibers (axons) due to rotational forces. DAI is characterized by loss of consciousness exceeding 6 hours, white matter lesions visible on MRI, and often results in coma or persistent vegetative state. Over 90% of severe DAI patients never regain consciousness. Some experts consider concussion a milder form of diffuse axonal injury, though the relationship between the two remains debated in medical literature.
How much are closed head injury settlements worth in New York?
Closed head injury settlements in New York vary dramatically based on injury severity and case-specific factors. According to analysis of New York TBI verdicts, average settlements range from $100,000 to several million dollars. Mild concussions with full recovery typically settle for $50,000-$100,000. Moderate injuries with post-concussion syndrome may settle for $300,000-$1 million. Severe cases involving diffuse axonal injury, permanent disability, or extensive care needs can exceed $10 million. Notable recent New York settlements include $35.6 million for a medical malpractice case, $32 million for a pedestrian struck by a car, and $1.9 million for a motor vehicle accident. Factors affecting value include injury severity, liability clarity, venue (NYC produces higher verdicts than suburban counties), insurance limits, plaintiff’s age and earning capacity, and whether contributory negligence reduces damages.
What if my closed head injury symptoms didn’t appear right away?
Delayed symptoms are common with closed head injuries and don’t prevent you from recovering compensation. As Cleveland Clinic warns, “It can take hours, days or even weeks to start noticing signs or symptoms” after head trauma. New York’s discovery rule under CPLR § 214-c addresses this by calculating the statute of limitations “from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered.” This means if you didn’t know you were injured until symptoms appeared later, the deadline to file may be extended. However, courts analyze whether you should have discovered the injury earlier with reasonable diligence. It’s critical to seek immediate medical attention after any head trauma even if you feel fine, as this documents the injury and protects your legal rights. Consult an attorney promptly once symptoms appear to ensure you meet applicable deadlines.
Taking Action After a Closed Head Injury
If you or a loved one has suffered a closed head injury in New York due to someone else’s negligence, taking prompt action protects both your health and legal rights. Seek immediate medical evaluation even if symptoms seem mild—closed head injuries can worsen rapidly without treatment. Document everything: how the accident occurred, symptoms you experience, medical treatment received, and how the injury affects daily life.
Consult with a qualified New York brain injury attorney as soon as possible. The legal process is complex, evidence must be preserved, expert witnesses must be retained, and strict deadlines apply. An experienced attorney can investigate your case, gather medical evidence, retain appropriate experts, negotiate with insurance companies, and if necessary, litigate your case through trial.
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Remember: This article provides general educational information only and does not constitute legal or medical advice. Every case is unique, and outcomes depend on specific facts and circumstances. Consult qualified professionals for advice about your situation.
