New York Brain Injury Lawyer

New York brain injury lawyer

If you or a loved one has suffered a brain injury, please accept our sincere appreciation for what you have endured. At Davis, Saperstein & Salomon, P.C., we know firsthand how traumatizing a brain injury can be.

Traumatic brain injury cases are among the most complex personal injury claims, because brain injuries are truly personal. They often involve extensive medical evidence, long-term treatment, and life-changing consequences for victims and their families. Our New York attorneys are injury lawyers that truly understand the medical, financial, and legal challenges these injuries present and are prepared to hold those negligent fully accountable. We sue those negligent to win money to cover medical care, rehabilitation, lost income, and the long-term affect brain injuries have on every aspect of a person’s life.

We are honored and privileged to help New York residents across the five boroughs chart a path forward following a traumatic brain injury. If you’re looking for help, you’ve come to the right place.

Why Choose Our New York Brain Injury Lawyers?

When it comes to brain injury claims, this is a field we know very well. We have a strong record of success in handling brain injury claims, including:

  • $20 million settlement for a construction worker who was injured after falling from a multi-story commercial building. He suffered a fractured skull, fractures to his right leg and arm, and severe spinal cord and brain injuries.
  • A 5.1 million brain injury settlement for client who was hit by a car while crossing the street. He suffered a brain injury along with other sever injuries such as a fractured pelvis and ribs.
  • $3.6 Million Settlement for a client who tripped on an unsecured carpet runner while walking through the lobby of the World Trade Center toward a revolving door exit. The carpet was not properly taped down, causing the client to fall and hit her head, resulting in a brain injury with post-traumatic amnesia.

At Davis, Saperstein & Salomon, P.C., we put the personal in personal injury. You are not just a case number to us. We get to know who you are as a person, and we use all our resources to fight for the results you deserve. Over our 40+ years of experience, we’ve recovered more than $1 billion for clients in New York and New Jersey. 

As Chair of the Traumatic Brain Injury Section at Davis, Saperstein & Salomon, P.C., Partner Steven Benvenisti, Esq., provides valuable insight to the firms New York Brain Injury Section headed by Partner Marc C. Saperstein, Esq. Steven, as a survivor who made a full recovery from his own traumatic brain injury, has devoted his career to being a voice for those living with traumatic brain injuries. During his senior year of college, he was struck by a drunk driver while walking as a pedestrian on spring break in Florida. The crash left him with a traumatic brain injury, crushed legs, and nearly two weeks in a coma, and doctors did not expect him to survive. After 15 surgeries and months of rehabilitation, he made a full recovery from his TBI.  With the help of cognitive and physical therapists at Helen Hayes Hospital in West Haverstraw, New York, Partner Steven Benvenisti was able to continue with his education going on to graduate from law school, pass the bar in both New Jersey and Pennsylvania, and built a 30-year career representing catastrophic accident injury victims. 

Today, Steven represents victims of New Jersey drunk driving crashes and other acts of negligence. He serves as President of the Brain Injury Alliance of New Jersey, the New Jersey Chapter of the Brain Injury Association of America, and as a MADD National Ambassador and Chair of the MADD NY-NJ-PA Advisory Board. Steven’s insight supports the work of founding Partner Marc C. Saperstein, Esq., who leads the firm’s New York practice. Licensed in both New Jersey and New York, Marc is a Certified Civil Trial Attorney and a past President of the New Jersey Association for Justice. He has secured dozens of seven and eight figure results for injured clients, including a $20 million verdict for a New York City construction worker who was injured and sustained a severe TBI while on the job.

We’re happy to meet with you in person or virtually, and we provide translation services if English is not your first language. Contact us today to schedule your free consultation. 

Types of Traumatic Brain Injuries

Traumatic brain injuries are caused by an external source, such as when a driver’s head hits the dashboard or a foreign object penetrates the skull. Some common types of traumatic brain injury include:

  • Concussion – This TBI occurs when the head and brain rapidly move back and forth after a blow to the head.  
  • Cerebral Hemorrhage – A cerebral hemorrhage is a stroke due to trauma that causes brain bleeding. 
  • Coup-Contrecoup – If an accident victim’s brain ricochets against their skull, they can experience injuries on either side of the brain. The impact is described as coup-contrecoup injury, a French term for “strike-counterstrike.” 
  • Brain Herniation – A brain herniation occurs when swelling and bleeding cause pressure to build in the skull and compress brain tissue. This is a severe TBI, which can result in brain damage, stroke, or death. 
  • Penetrating Brain Injury – This TBI occurs when a foreign body pierces the victim’s skull and often causes the victim’s death. 
  • Diffuse Axonal Injury – Rapid acceleration or deceleration that exerts extreme force on the brain can result in a loss of consciousness or coma. 

Symptoms of Traumatic Brain Injuries

TBI symptoms can vary greatly depending on the type of injury, how severe the injury is, and what area of the brain is affected. Brain injuries are typically categorized as mild, moderate, or severe. Some people may immediately experience symptoms of a brain injury. The CDC recommends you seek emergency medical treatment if you experience the following symptoms indicative of a brain injury: 

  • Loss of consciousness 
  • Slurred speech 
  • Confusion or disorientation 
  • Agitation 
  • Seizures 
  • Severe headaches

Sometimes, traumatic brain injury symptoms can take days or weeks to manifest themselves. While you may have a brain injury without symptoms initially, you may start to notice cognitive or behavioral issues consistent with a TBI over time. A delay in treatment may result in more severe symptoms and consequences.  

Brain injuries affect someone physically, mentally, and emotionally, and in some cases these effects can last for many years. A TBI may be life-changing, especially if it affects the victim’s ability to speak, their emotional well-being, and their memory. A study conducted at the University of Pennsylvania recently found that a single brain injury can result in dementia. In addition to trouble with your memory, your loved ones may report observing certain behavioral changes, such as issues with impulse control or depression. 

If someone else is to blame for your brain injury, you may be entitled to compensation. Our NYC brain injury lawyers, serving clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, have the knowledge and experience to help you navigate the legal system and seek the maximum compensation you deserve.

Common Causes of Traumatic Brain Injuries

Although traumatic brain injury causes can vary, there are some common causes of TBIs. The CDC reports that TBIs are most often due to falls, car, bus, truck, and motorcycle accidents, firearm-related injuries, or assault. In densely populated areas such as New York City, pedestrian accidents, bicycle accidents, subway and MTA bus accidents, construction site falls, and rideshare crashes involving Uber and Lyft are among the leading causes of traumatic brain injuries our attorneys see across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Unfortunately, victims of such violence who are hit in the face or head or shaken or choked are at risk for a TBI. In addition to these common causes, TBIs are a significant issue for service members and veterans, mainly due to explosion injuries. Compared to previous conflicts, service members returning from recent conflicts in Iraq and Afghanistan have a higher rate of being brain injury victims. 

Sports and recreation also cause traumatic brain injuries. Bicycle riders have the highest rate of brain injuries by far, highlighting the need to wear a helmet whenever you ride a bike or an e-bike. The greatest number of brain injuries in sports in the United States occurs in football, baseball/softball, and basketball. Concussions, a form of TBI, can happen in any sport but most often in contact sports.  

Compensation Available for New York City Brain Injury Victims

If you suffer from a TBI, you may be facing mounting medical bills and lost wages due to your inability to work. You may be entitled to money from the person responsible for your brain injury. Your New York traumatic brain injury lawyer can advise you concerning what financial losses you may get money for in a settlement or judgment. They may include: 

  • Past and future medical expenses
  • Lost wages
  • Loss of future earning capacity 
  • Emotional distress
  • Pain and suffering 
  • Loss of consortium 

Statute of Limitations on New York Brain Injury Cases

Under New York law, you must file a personal injury lawsuit for your brain injury case within three years of the date of the accident or event that caused your injuries. The statute of limitations sets this deadline. Failure to file your lawsuit within this timeframe may result in the court barring you from proceeding to seek the compensation you deserve in court. 

Although this may seem like a long time, it is crucial to contact a traumatic brain injury attorney as soon as possible after the injury. A strong personal injury case takes time to develop, and you do not want to jeopardize your chances at recovery by missing a filing deadline. At Davis, Saperstein & Salomon, P.C., our New York City brain injury attorneys understand that managing court deadlines while working toward a full recovery is stressful. When you retain a lawyer shortly after the accident that caused your injury, you can rest assured your case is handled properly and timely.  

New York Traumatic Brain Injury Statistics

The New York brain injury statistics are staggering. A shocking 157 incidents of traumatic brain injuries (TBIs) resulting in death or hospitalization occur daily in New York State. The New York State Department of Health reports that TBIs account for more than 2,200 deaths, 17,000 hospitalizations, and nearly 38,000 emergency room visits each year in New York. New York City, with its high volume of pedestrian traffic, mass transit, and construction activity across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, accounts for a significant share of these cases each year.

The prevalence of brain injuries that do not initially require medical intervention is estimated to be 50 percent higher than reported. Unfortunately, the risk of sustaining a TBI is greatest for young children, young adults, and elderly persons. Males are at a higher risk of a traumatic brain injury than females as they are nearly twice as likely to be hospitalized with a TBI. 

The CDC reports that an injury of any severity to a child’s developing brain can disrupt their development and limit their ability to participate in school and sports. A TBI can cause changes in a child’s health, thinking, and behavior, affecting their learning, self-regulating ability, and social development. 

Talk to an Experienced Brain Injury Lawyer in New York Today

At Davis, Saperstein & Salomon, P.C., we have a team of experienced personal injury lawyers ready to serve clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester County. Established in 1981, our firm has developed a well-deserved reputation for helping accident victims and their families over its 40 years of operation. Our experienced New York brain injury lawyers will handle all aspects of your case so you can focus on your recovery.

We have recovered over $1 billion on behalf of our deserving clients. With experience handling all types of personal injury cases, including New York City car, truck, and motorcycle accidents, we are well-suited to handle cases involving brain injuries.

Contact us today for a free, no-obligation case review. With offices throughout New Jersey and in New York City, we look forward to meeting you in person, but we also offer the convenience of meeting over video via FaceTime, Zoom, and Skype. There’s no charge to meet with us, and we only get paid if we recover money for you.