Coup-Contrecoup Brain Injury Settlements in New York

What Is a Coup-Contrecoup Brain Injury?

A coup-contrecoup injury occurs when the brain is injured on both sides of the head. The mechanism involves two impacts:

• Coup injury: The brain is injured directly beneath the point of impact. When the head is struck, the brain pushes against the skull at the point of impact, causing bruising (contusion) or bleeding on that side.
• Contrecoup injury: The brain is injured on the opposite side from the point of impact. The force of the impact causes the brain to shift inside the skull and strike the opposite side, causing bruising or bleeding on that side.

Common Causes of Coup-Contrecoup Injuries

Coup-contrecoup injuries are caused by significant impacts that cause the brain to shift inside the skull. Common causes include:

• Car accidents: The head strikes the steering wheel, dashboard, window, or headrest, causing the brain to shift inside the skull. Rear-end collisions are particularly likely to cause coup-contrecoup injuries, as the head is whipped forward and back. [Link to: /brain-injury/motor-vehicle-accidents]
• Falls: A fall from a height or a slip-and-fall can cause the head to strike the ground, causing the brain to shift inside the skull. [Link to: /brain-injury/slip-and-fall]
• Construction accidents: Falls from scaffolding, being struck by falling debris, and other construction accidents can cause coup-contrecoup injuries. [Link to: /brain-injury/nyc-construction]
• Assaults: A punch or kick to the head can cause the brain to shift inside the skull.
• Sports injuries: High-impact sports (football, hockey, boxing) can cause coup-contrecoup injuries.
• Pedestrian and bicycle accidents: Being struck by a vehicle while walking or cycling can cause the head to strike the ground or the vehicle.

Symptoms of Coup-Contrecoup Brain Injury

Symptoms of coup-contrecoup brain injury depend on the severity and location of the damage. Because the brain is injured on both sides, symptoms may be more extensive than with a single-impact injury:

• Physical symptoms: Headache, nausea, vomiting, dizziness, balance problems, fatigue, sensitivity to light and noise, sleep disturbances, and seizures.
• Cognitive symptoms: Memory problems, difficulty concentrating, confusion, slowed thinking, difficulty with problem-solving, and word-finding difficulties.
• Emotional/behavioral symptoms: Irritability, mood swings, anxiety, depression, personality changes, and impulsivity.
• Focal symptoms: Because the brain is injured on both sides, focal symptoms may vary depending on which areas are damaged. For example, damage to the frontal lobes (common in coup-contrecoup) can cause personality changes, poor judgment, and impulsivity.
• Severe symptoms (emergency): Loss of consciousness, unequal pupil size, clear fluid draining from the nose or ears, slurred speech, weakness or numbness, and repeated vomiting. These require immediate emergency medical attention.

Diagnosing Coup-Contrecoup Brain Injury

Coup-contrecoup brain injury is diagnosed through a combination of clinical evaluation and imaging:

• CT scan: The first-line imaging in the emergency department. CT can detect bleeding (hematomas) and fractures. However, CT may not detect microscopic axonal damage or contusions that are small. [Link to: /radiology-errors/ct-scan-negligence]
• MRI: More sensitive than CT for detecting contusions (bruising) and small hemorrhages. MRI can show damage on both sides of the brain, consistent with the coup-contrecoup pattern. [Link to: /radiology-errors/mri-malpractice]
• Diffusion Tensor Imaging (DTI): An advanced MRI technique that can detect microscopic damage to the brain's nerve fibers (axons). DTI is particularly valuable for detecting damage that standard MRI misses. [Link to: /brain-injury/dti-proof]
• Neuropsychological testing: A comprehensive battery of tests that objectively measures cognitive function, including memory, attention, executive function, language, and processing speed. Neuropsychological testing can document the specific cognitive impairments caused by the coup-contrecoup injury. [Link to: /brain-injury/mild-tbi]

When Coup-Contrecoup Injuries Constitute Negligence

Coup-contrecoup brain injuries themselves are caused by accidents -- but when the accident was caused by someone else's negligence, the injured person may have a legal claim. Common negligence scenarios include:

• Car accidents: A driver who was speeding, distracted, intoxicated, or reckless causes a collision that results in a coup-contrecoup brain injury. [Link to: /brain-injury/motor-vehicle-accidents]
• Slip and fall: A property owner who failed to maintain safe premises (wet floor, uneven sidewalk, icy walkway, poor lighting) causes a fall that results in a coup-contrecoup brain injury. [Link to: /brain-injury/slip-and-fall]
• Construction accidents: A contractor or property owner who failed to provide adequate safety equipment or maintain safe working conditions causes a fall or falling debris that results in a coup-contrecoup brain injury. [Link to: /brain-injury/nyc-construction]
• Assaults: In some cases, inadequate security at a property (e.g., a parking garage, apartment building, or bar) may contribute to an assault that causes a coup-contrecoup brain injury.
• Medical negligence: In rare cases, medical negligence (e.g., surgical errors, anesthesia errors) can cause brain injury, though these are typically not coup-contrecoup in nature. [Link to: /brain-injury/anoxic-brain-injury]

Proving Your Coup-Contrecoup Brain Injury Case

To prove a coup-contrecoup brain injury case, we:

• Establish liability: We prove that the defendant's negligence caused the accident that resulted in your brain injury.
• Obtain medical records: Including emergency department records, imaging (CT, MRI, DTI), neuropsychological testing, and rehabilitation records. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Obtain imaging: CT, MRI, and -- when available -- DTI to document the coup-contrecoup pattern of injury. [Link to: /brain-injury/dti-proof]
• Obtain neuropsychological testing: To objectively document cognitive impairments. [Link to: /brain-injury/mild-tbi]
• Engage expert review: We work with board-certified neurologists, neuropsychologists, and neuroradiologists who practice in New York.
• Obtain a life care plan: For severe injuries, we obtain a life care plan that quantifies future medical and care needs. [Link to: /brain-injury/life-care-plan]
• Document the impact: We document how the brain injury has affected your daily life, work, relationships, and quality of life.

New York Statute of Limitations

The statute of limitations for coup-contrecoup brain injury cases in New York depends on the cause:

• Personal injury (accident): 3 years from the date of the accident (CPLR 214).
• Medical malpractice: 2.5 years from the date of the negligent act (CPLR 214-a).
• Municipal liability: If the injury was caused by negligence of a municipality (e.g., a slip and fall on a city sidewalk), a notice of claim must be filed within 90 days. [Link to: /hospital-negligence/notice-of-claim-guide]
• Wrongful death: If the brain injury caused death, the wrongful death claim must be filed within 2 years. [Link to: /wrongful-death/statute-of-limitations]
• Infancy toll: For injuries to children, the statute may be extended under CPLR 208.

Compensation Available

A successful coup-contrecoup brain injury claim can provide compensation for:

• Medical expenses: Including past and future emergency care, surgery, rehabilitation, therapy, medications, and medical equipment
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work in the future
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For cognitive, physical, and emotional impairments
• Future medical care costs: Based on a life care plan [Link to: /brain-injury/life-care-plan]
• Loss of enjoyment of life: For the inability to participate in activities and hobbies
• Wrongful death damages: If the brain injury caused death [Link to: /wrongful-death-lawyer]

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.