New York Traumatic Brain Injury Attorney
Last updated on September 3, 2026
New York law allows victims of traumatic brain injury to seek compensation, but pursuing justice on your own is rarely simple. From proving liability to negotiating with insurance companies, the path to recovery requires strong advocacy and an understanding of how the law applies to your situation.
At The Law Offices of Mark E. Weinberger P.C., we have been helping injured clients in New York City, Nassau County and Suffolk County for over 40 years. Our team has secured millions of dollars in verdicts and settlements and we approach every case with care, treating clients like family.
What Is A Traumatic Brain Injury?
A traumatic brain injury occurs when a sudden blow, jolt or penetrating injury disrupts normal brain function. Some people may walk away from an accident unaware of the severity until symptoms appear days later.
TBI symptoms often include confusion, dizziness and memory loss after a head injury. In more serious cases, individuals face long-term struggles like emotional changes after TBI or the possibility of chronic traumatic encephalopathy developing over time.
What Are The Common Causes Of TBI?
Most causes of TBI result from preventable accidents. Our firm has represented clients across New York injured in situations such as:
- Car, truck or motorcycle crashes
- Falls from unsafe property conditions
- Worksite and construction accidents
- Pedestrian and bicycle collisions
Each of these accidents can result in a closed-head injury or more severe trauma, leaving victims with lasting health challenges. That is why having a lawyer guide your case is so important. Insurance companies often attempt to minimize payouts, but a skilled attorney like ours fights to help ensure your claim is not ignored.
Understanding New York’s TBI Compensation Claims
When you file TBI compensation claims, the damages can include far more than just medical bills. Victims may need long-term therapy, accommodations for work and support for permanent impairments. Families may strain financially if a loved one can no longer earn income. A fair brain injury settlement considers these future needs. Our team has proven results in recovering meaningful compensation, and we are ready to pursue justice on your behalf.
Common Questions Clients Ask About Traumatic Brain Injury Claims
Navigating New York’s procedures for traumatic brain injury (TBI) claims can be overwhelming. We are here to guide you, starting with our answers to frequently asked questions.
Can I still file a TBI claim despite having normal CT scan or MRI results?
Yes, you can still file a TBI claim even if your CT scans and MRIs do not have any abnormalities. These tests often detect skull bleeding and fractures, but they do not reveal microscopic tears of nerve fibers.
Instead of submitting only the scans, you can also present other types of medical evidence to prove your TBI. Neuropsychological testing, advanced imaging and doctor notes can support your claim.
What if I was partially at fault for the accident that caused my head injury?
You can still recover compensation even if you were partially at fault for the accident under New York’s no-fault rule. Your Personal Injury Protection pays out regardless of who caused the accident, covering your basic economic losses up to $50,000.
If your medical bills exceed $50,000 or you suffer a qualifying serious injury, you may sue the other driver for the remaining economic costs and pain and suffering. This is where New York’s modified comparative negligence steps in if you file your motor vehicle personal injury claim on or after May 26, 2026.
If you are 50% or less at fault, you can still recover damages. However, your final payout lowers depending on your assigned fault percentage. For instance, if the court finds you 20% at fault, your $100,000 settlement will become $80,000. You lose your right to financial recovery if you are found 51% or more responsible for the accident.
What damages can I recover for a “mild” TBI or concussion?
For a mild TBI or concussion, New York law allows you to sue for economic and non-economic damages. Economic damages refer to your medical bills, lost wages and loss of earning capacity. Non-economic damages cover pain and suffering and loss of enjoyment of life.
It is important to note that New York has strict rules regarding seeking compensation for pain and suffering. You must meet statutory serious injury thresholds, which include permanent consequential or significant limitations of a body function or system.
Moving Forward With Trusted Guidance
The Law Offices of Mark E. Weinberger P.C. knows that behind every case is a person whose voice deserves to be heard. Call our Rockville Centre office at 516-855-3715 or use the online form so we can explain every step and handle the legal battle so you can focus on healing. The consultation is free.