A brain injury can change how a person thinks, feels, and works, and some symptoms do not appear right away. Bisogno & Meyerson, LLP reviews brain injury claims for people in Brooklyn, Staten Island, and the other boroughs. The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from Brooklyn.
This page is educational. It does not give medical advice, and it does not tell you what an injury will mean for you. Only a health care provider can evaluate symptoms. What follows is an outline of how New York law treats injury claims when the harm involves the brain, and what families commonly ask early on. For the firm’s broader injury work, see personal injury law.
How Brain Injuries Happen in NYC
A traumatic brain injury is generally caused by a blow, jolt, or penetrating injury to the head. In a city like New York, common settings include car accidents, falls on stairs or sidewalks, falls from heights at work sites, pedestrian and bicycle collisions, and assaults on poorly secured property. Medical providers describe a wide range, from mild injuries often called concussions to severe injuries requiring long-term care.
A person does not need to lose consciousness for a head injury to be serious, and symptoms may be delayed. Providers may ask about headaches, dizziness, memory or concentration problems, sleep changes, or mood changes. Anyone who suspects a head injury should seek medical attention. Many people also ask whether a lawsuit is realistic when symptoms are mostly cognitive or emotional rather than visible. The answer depends on the medical record and the facts of how the injury happened, and it is a reasonable question to bring to an attorney.
What a Legal Claim Looks Like
A brain injury claim is usually a negligence claim built on an ordinary accident. The injury itself does not establish that someone else is legally responsible. The questions are the same as in other injury cases: who owed a duty of care, whether it was breached, and whether the breach caused the harm. A claim can arise from a car crash, a fall on unsafe property, a construction fall, or a medical error. Medical negligence has its own rules, described under medical malpractice.
Records and Documentation
Brain injury claims often depend on records created over time. Useful items include emergency room and hospital records, imaging reports, follow-up treatment notes, and any referrals to neurologists, neuropsychologists, or rehabilitation providers. Employment records can show changes in work. Some families keep a dated journal of symptoms, appointments, and everyday difficulties, which can help a person remember details later. A journal is not a substitute for medical records.
Because cognitive symptoms can affect memory, a spouse, parent, or close friend may be asked to describe changes they have noticed. Attorneys also coordinate with providers about what records exist. Nothing here suggests what a record will show. If you are managing care for a relative who cannot easily speak for themselves, ask the providers who is authorized to receive records, and keep copies of bills and insurance letters in one place.
Insurance and the Serious Injury Threshold
If the injury came from a car accident, New York’s no-fault system generally pays certain medical expenses and some lost earnings regardless of fault, with a written claim due within 30 days. To bring a lawsuit for pain and suffering after a car accident, Insurance Law § 5102(d) requires a “serious injury.” The statute lists categories, and whether a particular brain injury fits one is decided on the medical evidence. Our blog explains no-fault insurance in New York.
Injuries involving a child, a person lacking capacity, or a long recovery raise additional issues, including who may bring the claim and whether a court must approve a settlement. Those questions should be reviewed with an attorney.
Deadlines
Most New York personal injury lawsuits must be started within three years under CPLR 214, but other deadlines can be shorter. Claims against a city agency or public authority often require a notice of claim within 90 days, and medical malpractice claims generally have their own shorter period. Special rules can extend time for injured children. Because several different periods may apply, early review of the dates is worthwhile. Our blog explains how long personal injury cases take.
How Bisogno & Meyerson, LLP Reviews These Matters
Bisogno & Meyerson, LLP has concentrated in personal injury and workers’ compensation work since 1994. In a brain injury matter, the early work typically involves collecting medical records, identifying the parties who may be responsible, learning about ongoing care, and calculating deadlines. That is a process, not a prediction. A short firm overview describes the practice.
Talk With Our Firm About a Brain Injury
If you or a family member sustained a head or brain injury in New York City, Bisogno & Meyerson, LLP can review what happened and explain possible next steps. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of liability or of any recovery, and every case is different, so speak with an attorney about your own situation.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. Bring any medical paperwork you have.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.