Manhattan Brain Injury Lawyer | NYC Head Trauma Attorneys

Common Causes of Brain Injuries in Manhattan

Brain injuries in Manhattan can result from many types of accidents and incidents:

• Motor vehicle accidents: Car accidents, taxi accidents, truck accidents, and bus accidents are leading causes of TBI in Manhattan. Even a low-speed collision can cause a concussion or more severe brain injury. [Link to: /brain-injury/motor-vehicle-accidents]
• Construction accidents: Falls from scaffolding, being struck by falling debris, and other construction accidents can cause severe head trauma. Manhattan's dense construction environment makes these accidents common. [Link to: /brain-injury/nyc-construction]
• Slip and fall accidents: Falls on wet floors, uneven sidewalks, icy walkways, and poorly maintained stairs can cause head injuries. [Link to: /brain-injury/slip-and-fall]
• Medical negligence: Surgical errors, anesthesia errors, failure to diagnose stroke, failure to treat infection, and birth injuries can all cause brain damage. [Link to: /medical-malpractice/anesthesia-error] [Link to: /medical-malpractice/stroke-misdiagnosis] [Link to: /brain-injury/anoxic-brain-injury]
• Assaults and violent crimes: Physical assaults can cause traumatic brain injuries.
• Pedestrian and bicycle accidents: Manhattan's dense pedestrian and bicycle traffic means that collisions with vehicles can cause serious head injuries.
• Subway and transit accidents: Accidents on stairs, platforms, and trains in the NYC subway system can cause head injuries.

Types of Brain Injuries

Brain injuries range from mild concussions to severe, life-threatening trauma:

• Concussion (mild TBI): A temporary disruption of brain function caused by a blow to the head or violent shaking. Symptoms include headache, confusion, dizziness, nausea, and memory problems. While often called 'mild,' concussions can have serious, lasting effects. [Link to: /brain-injury/mild-tbi]
• Contusion: A bruise on the brain, caused by direct impact. Contusions can cause bleeding, swelling, and brain damage.
• Coup-contrecoup injury: The brain is injured on both sides -- the side of impact (coup) and the opposite side (contrecoup) where the brain strikes the skull. [Link to: /brain-injury/coup-contrecoup]
• Diffuse axonal injury (DAI): The brain's nerve fibers (axons) are torn by rotational forces, causing widespread brain damage. DAI is one of the most devastating types of TBI and can cause coma, permanent disability, or death. [Link to: /brain-injury/diffuse-axonal-injury]
• Hematoma: A collection of blood outside the blood vessels, within the brain or between the brain and skull. Types include epidural hematoma, subdural hematoma, and intracerebral hematoma. Hematomas can cause dangerous pressure on the brain and require emergency surgery.
• Hypoxic/anoxic brain injury: Brain damage caused by oxygen deprivation (hypoxia) or complete lack of oxygen (anoxia). Causes include cardiac arrest, near-drowning, severe bleeding, anesthesia errors, and drug overdoses. [Link to: /brain-injury/anoxic-brain-injury]
• Penetrating brain injury: An object penetrates the skull and brain, causing localized damage.

Symptoms of Brain Injury

Brain injury symptoms vary depending on the severity and location of the injury. Common symptoms include:

• 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.
• Sensory symptoms: Blurred vision, ringing in the ears (tinnitus), loss of smell or taste, and numbness or tingling.
• Severe symptoms (emergency): Loss of consciousness, unequal pupil size, clear fluid draining from the nose or ears, slurred speech, weakness or numbness in the arms or legs, and repeated vomiting. These require immediate emergency medical attention.

Manhattan Hospitals and Brain Injury Treatment

Manhattan is home to some of the world's best hospitals for brain injury treatment, including:

• NewYork-Presbyterian/Weill Cornell Medical Center -- Level I trauma center [Link to: /hospital-negligence/suing-new-york-presbyterian]
• NewYork-Presbyterian/Columbia University Irving Medical Center -- Level I trauma center [Link to: /hospital-negligence/suing-new-york-presbyterian]
• NYU Langone Medical Center -- Level I trauma center [Link to: /hospital-negligence/suing-nyu-langone]
• Mount Sinai Hospital -- Level I trauma center
• Bellevue Hospital Center -- Level I trauma center (NYC Health + Hospitals) [Link to: /hospital-negligence/suing-nyc-h-h]
• Lenox Hill Hospital (Northwell Health) [Link to: /medical-malpractice/suing-northwell-health]

Proving Your Manhattan Brain Injury Case

To prove a brain injury case, we:

• 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] [Link to: /brain-injury/dti-proof]
• Obtain imaging: CT scans, MRI, and -- when available -- Diffusion Tensor Imaging (DTI) to document the brain injury. [Link to: /brain-injury/dti-proof]
• Obtain neuropsychological testing: Neuropsychological testing objectively documents cognitive impairments caused by the brain injury. [Link to: /brain-injury/mild-tbi]
• Engage expert review: We work with board-certified neurologists, neuropsychologists, and rehabilitation specialists.
• Obtain a life care plan: For severe injuries, we obtain a life care plan that quantifies the 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 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). [Link to: /brain-injury/lawyer]
• Municipal hospitals: If the brain injury was caused by negligence at a municipal hospital (Bellevue, Metropolitan, Harlem), 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 Manhattan 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, discounted to present value [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.