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When people are involved in car crashes, falls and other types of accidents, they often suffer some form of head injury. An injury to the head can affect so much about a person: his ability to think, move and control his emotions could all be compromised. It isn’t uncommon for people with a traumatic brain injury (TBI) to need extensive medical treatment, and their lives can be permanently impacted in a negative way.

If you or your loved one has suffered a traumatic brain injury as a result of someone else’s negligence, you need a personal injury lawyer who will fight aggressively on your behalf to get you the care and compensation that you need.  At the Law Offices of Michael S. Lamonsoff, you will find a team of dedicated and experienced traumatic brain injury lawyers in New York City who work tirelessly to get the best possible results for their clients.

What is a traumatic brain injury?

A head or traumatic brain injury is brain damage that occurs when a sudden impact, violent shaking, or penetration of the skull disrupts your brain’s ability to function normally. A closed traumatic brain injury is one that does not penetrate the skull, while an open traumatic brain injury occurs when an object penetrates the skull and enters the brain.

Traumatic brain injuries can range from mild (for example, a concussion that doesn’t result in the loss of consciousness) to severe (for example, an injury that results in long-term memory loss or permanent brain damage).

What causes traumatic brain injury?

A traumatic brain injury always results from an external force – a blow or shaking of the head, or a penetration of the skull and brain with a sharp object. They happen as a result of an accident, a fall or an assault.

According to the Center for Disease Control and Prevention (CDC), about 20 percent of known traumatic brain injuries result in hospitalizations or death. Overall, nearly 30 percent of all injury-related deaths are the result of a traumatic brain injury.

Tragically, the vast majority of traumatic brain injuries are the result of the negligent or harmful actions of someone other than the victim. According to the CDC, the top four causes of traumatic brain injuries are:

  • Falls. As many as 600,000 brain injuries per year happen as the result of a fall
  • Auto Accidents. At least 300,000 brain injuries happen every year as the result of an auto accident. Brain injuries suffered in a vehicle collision are the most likely to result in death
  • Being struck by or against an object (for example, on a construction site). Head injuries causing brain damage seriously affect at least 280,000 people every year
  • Assaults. About 170,000 traumatic brain injuries are reported annually as a result of an assault

Common Types of Traumatic Brain Injuries in New York Accidents

  • Concussion: A concussion is a mild form of TBI caused by a sudden blow or jolt to the head. It can result in temporary loss of consciousness, confusion, dizziness, headache, and memory problems.
  • Contusion: A contusion is a bruise on the brain's surface caused by direct impact or force. It can result in bleeding and swelling, leading to localized damage. Contusions may require surgery to remove any blood clots or relieve pressure on the brain.
  • Penetrating Injury: A penetrating TBI occurs when an object pierces the skull and enters the brain tissue. This type of injury can cause severe damage to specific areas of the brain and often requires emergency medical intervention.
  • Diffuse Axonal Injury (DAI): DAI is caused by the brain rapidly moving back and forth within the skull, resulting in the tearing of nerve fibers (axons). It commonly occurs in high-impact accidents, such as car crashes or falls. DAI can lead to long-term cognitive, motor, and sensory impairments.
  • Coup-Contrecoup Injury: This type of injury involves two areas of damage—one at the site of impact (coup) and another at the opposite side of the brain (contrecoup). It occurs when the brain moves forcefully within the skull, hitting the opposite side due to the initial impact.
  • Second Impact Syndrome: Second impact syndrome occurs when an individual sustains a second concussion before fully recovering from the first one. The second injury can result in severe brain swelling, leading to potentially life-threatening consequences.

What are signs of traumatic brain injury?

Traumatic brain injuries are especially dangerous in part because they can be difficult for victims to identify at first. Following a car crash, fall or other accident, the rush of adrenaline or the trauma of the situation often results in a victim’s failure to recognize or acknowledge the extent of their injuries.

If you have been involved in a car accident, suffered a fall, been assaulted, or struck in the head by a high-velocity object, you should always seek prompt medical attention. This is especially important if you are experiencing any of the signs and symptoms of brain injury, which can include:

Signs of mild brain injury:

  • Brief loss of consciousness
  • Headache
  • Confusion
  • Lightheadedness
  • Dizziness
  • Blurred vision or tired eyes
  • Ringing in the ears
  • Bad taste in the mouth
  • Fatigue or lethargy
  • A change in sleep patterns
  • Behavioral or mood changes
  • Trouble with memory, concentration, attention and/or thinking

Signs of moderate to severe brain injury:

  • Loss of consciousness
  • A headache that gets worse or does not go away
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • An inability to awaken from sleep
  • Dilation of one or both pupils of the eyes
  • Slurred speech
  • Weakness or numbness in the extremities
  • Loss of coordination and increased confusion
  • Restlessness or agitation

Economic Damages You Can Recover for Your Traumatic Brain Injury 

Medical Costs

Medical costs form a major part of the financial burden in a traumatic brain injury. These costs will include:

  • Emergency care
  • Hospitalization
  • Neurosurgery
  • Rehabilitation
  • Medications
  • Assistive devices and equipment
  • Ongoing medical and neurological care

Lost Wages and Loss of Earning Capacity

Traumatic brain injury may cause permanent or temporary disability, resulting in income loss and diminished future earning capacity. Damages could include:

  • Loss of income
  • Reduced earning capacity
  • Vocational rehabilitation

Rehab and Therapy Costs 

Our head injury attorneys in New York City will also pursue damages for these expenses related to recovery from TBI: 

  • Physical therapy
  • Occupational therapy
  • Speech and language therapy
  • Cognitive rehabilitation
  • ”Psychological counseling

Home Modifications & Assistive Equipment

Traumatic brain injury victims may require modifications or adjustments to their living environments as well as assistance from specialized devices. Damages may include the following:

  • Home modifications 
  • Assistive devices 
  • Accessible vehicles

Miscellaneous Costs

Other financial damages that may be claimed after a TBI include: 

  • Home healthcare services
  • Prescription drugs
  • Travel costs for medical appointments and therapy
  • Legal or administrative expenses
  • Future medical costs

Non-Economic Damages You Can Recover in TBI Claims

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life 
  • Punitive damages (in exceptional cases)

How to Prove Liability in a New York City Traumatic Brain Injury Claim? 

Here are the key steps to help establish liability in a TBI claim in New York:

Consult with our TBI Attorneys

Seek legal advice from our experienced personal injury lawyers, led by leading New York attorney Michael S. Lamosoff “The Bull” who specializes in traumatic brain injury cases. We can guide you through the process, assess the strength of your claim, and provide aggressive legal representation to prove liability and maximize your financial compensation.

Identify Potential Defendants

Our lawyers will identify the parties who may be potentially liable for your TBI. This could include individuals, companies, organizations, or government entities whose actions or negligence contributed to the injury. 

Establish Duty of Care

We will determine and prove the legal duty of care owed by the party you believe is responsible for your injury. Duty of care refers to the obligation to act reasonably and responsibly to prevent harm to others. 

Demonstrate Breach of Duty

Our New York City brain injury lawyers will gather evidence to prove that the defendant breached their duty of care through their actions or inactions and show that the defendant's conduct fell below the standard of care expected in a similar situation. 

Show Causation

We will establish a causal link between the defendant's breach of duty and your traumatic brain injury. Our investigators will use medical records, expert opinions, witness testimonies, accident reconstruction reports, photographs, video footage and other supporting evidence to prove the defendant’s negligence caused your injuries.

Document Damages

Our legal team will help you thoroughly document the physical, emotional, and financial damage resulting from the traumatic brain injury. This includes medical records, bills, rehabilitation expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and any other measurable or non-measurable losses.

Proving liability in a TBI claim can be complex. It's best to consult with our knowledgeable New York traumatic brain injury lawyers as soon as possible so that we can gather the necessary evidence to establish liability and negotiate with the insurance company from a position of strength for the largest possible compensation for you.

The Law Offices of Michael S. Lamonsoff

Ask our clients about our results in New York head injury cases

“I was involved in a large pile-up accident in Brooklyn in which the car that caused the accident fled the scene. I was rear-ended and completely blacked out. The only thing I remember is the collision. I had a concussion and two herniated discs which left me needing physical therapy for life. 

“I had a cousin who'd worked with Michael Lamonsoff in the past who couldn't recommend him enough. They said he was the best, so that's who I called. 

“It was an excellent experience and I have no complaints at all. The communication of this office and the fact that the owner takes personal time to deal with each and every client just made this the best experience it possibly could be. If anyone I know ever needs a lawyer, this is the only one I will ever recommend.


Click here to read more client testimonials.

How can an experienced personal injury lawyer help with your brain injury claim?

The medical treatment required for traumatic brain injury can be extensive. Depending on the extent of the damage, a victim may require extensive rehabilitation or even lifetime care. Many victims are left with a permanent disability that renders them unable to work or care for themselves. The costs to a victim and to a family from such an injury can be devastating.

If you or a loved one have sustained a traumatic brain injury because of someone else’s negligence, legal action may be required to help you obtain financial compensation for all of your losses.  

At the Law Offices of Michael S. Lamonsoff, our traumatic brain injury attorneys in New York City litigate every case aggressively litigate to make sure you receive a settlement or verdict that will fairly and justly compensate you for the full extent of your injuries.  

Contact us to learn how we can help with your head injury accident

Please call us. Experienced head injury lawyers with the Law Offices of Michael S. Lamonsoff, PLLC, are ready to discuss your case. We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week. 

Contact our office at 212- 962-1020 for a FREE CONSULTATION any time.

Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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