Traumatic brain injuries (TBI) affect thousands of people each year. In fact, according to the Centers for Disease Control and Prevention (CDC), there were approximately 214,000 TBI-related hospitalizations in the United States in 2020 and nearly 70,000 TBI-related deaths in 2021.
There is no question that a traumatic brain injury can have a significant impact on nearly every facet of your life. Depending on how your TBI occurred you may have a legal claim for relief.
If you have sustained a traumatic brain injury the Law Offices of Steve Newman is here to help. In this article, we discuss TBI-related injuries. The Law Offices of Steve Newman can assist you in obtaining the money you need and deserve if your TBI resulted due to negligence.
Our office is at 11 Broadway in Lower Manhattan, and we represent brain injury victims across New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
NYC Traumatic Brain Injury Overview
Regardless of the precise circumstances leading to a TBI, the aftermath can be devastating. Below, is some important information to be aware of regarding brain injuries, common causes, and symptoms that can occur after suffering a head injury.
Traumatic Brain Injury Defined
According to the National Institute of Neurological Disorders and Strokes (NINDS), a traumatic brain injury is a type of injury to the brain that is typically caused by a “forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain.” Notably, not all such blows or jolts to the head result in a TBI.
Traumatic brain injuries can range in severity from mild, to moderate, to severe. Regardless of how severe a head injury may seem initially, it’s important to seek immediate medical attention to diagnose the potential TBI and possibly prevent a worsening of your symptoms and health in the future.
Examples of Situations Resulting in TBI
A traumatic brain injury can occur nearly anywhere and at any time. Below are some examples of situations that commonly result in traumatic brain injuries:
- Motor vehicle accidents;
- Bicycle and scooter accidents;
- Slips, trips, and falls;
- Sports-related injuries;
- Workplace injury accidents;
- Explosions and blasts;
- Construction accidents; and
- Assaults and other intentional acts of violence.
No matter the precise facts and circumstances that led to your TBI, call the New York brain injury lawyers at The Law Offices of Steve Newman as soon as practicable to discuss your rights and options moving forward.
Recognizing the Signs of TBI
Failure to timely identify and treat a TBI can lead to lasting impacts on your brain and overall health. Thus, it’s crucial you know what signs and symptoms to look out for to help you identify when such an injury may rise to the level of TBI. Common signs and symptoms of TBI include:
- Headaches,
- Seizures,
- Vertigo and dizziness,
- Changes in sleep patterns,
- Blurred or double vision,
- Sensitivity to light or noise,
- Unequal eye pupil size,
- Confusion,
- Memory loss,
- Loss of consciousness,
- Nausea and vomiting,
- Changes in taste or smell,
- Cognitive and behavioral changes, and
- Changes in mood and increased irritability.
If you experience these or other symptoms, be sure to seek immediate medical attention as soon as possible to diagnose and treat your injuries.
NYC Traumatic Brain Injury Hotspots by Borough
Traumatic brain injury hospitalizations are not spread evenly across the five boroughs. This map uses New York State Department of Health figures to show where hospitalization rates and totals run highest. Select a borough to see its numbers.
Highest rate of the five boroughs
Staten Island
Staten Island had about 200.9 traumatic brain injury hospitalizations per 100,000 residents each year, the highest rate in New York City. That averaged roughly 949 hospitalizations a year.
| Borough | Per 100,000 | Per Year |
|---|---|---|
| Staten Island | 200.9 | 949 |
| Bronx | 115.3 | 1,639 |
| Manhattan | 93.7 | 1,524 |
| Queens | 90.0 | 2,068 |
| Brooklyn | 80.7 | 2,092 |
Source: New York State Department of Health, Bureau of Occupational Health and Injury Prevention (SPARCS), traumatic brain injury related hospitalizations, New York State residents, 2012-2014 mean annual frequency and crude rate. Figures reflect where patients live, not where the injury happened. The marker shows the Law Offices of Steve Newman, 11 Broadway (approximate).
Get a Free ConsultationWhere Brain Injuries Happen in NYC and Who May Be Responsible
Who is responsible for your injury can change the rules that apply to your claim.
- City agencies and public transit. If a city agency or a public transit authority such as the MTA may share responsibility, a Notice of Claim generally must be served within 90 days, and a lawsuit within one year and 90 days (General Municipal Law §§ 50-e and 50-i). These deadlines are far shorter than those for private defendants.
- Construction sites. New York’s Labor Law § 240(1) places a nondelegable duty on owners and contractors to protect workers from elevation-related hazards, which can matter in head injuries from falls on job sites.
- Medical care. Some brain injuries result from medical negligence, such as a missed brain bleed or an anesthesia error. These are handled as medical malpractice claims with their own deadlines.
Brain Injury Claims in NYC: Common Questions
Common causes include car crashes, bicycle and scooter accidents, slips and falls, workplace and construction accidents, sports injuries, and assaults. New York State health data has identified falls as the leading cause of TBI-related emergency room visits statewide. How the injury happened often determines who may be legally responsible.
Yes. Symptoms such as headaches, dizziness, memory problems, or mood changes can appear or worsen after the accident. See a doctor promptly so your symptoms are documented and tied to the event. Filing deadlines generally run from the accident date, so do not wait for symptoms to settle.
It depends on how the injury happened. Depending on the facts, responsible parties can include a negligent driver, a property owner who failed to fix a hazard, an employer or contractor on a worksite, a product maker, or a government entity. An attorney can investigate the evidence to identify who may be liable.
New York generally allows three years for a personal injury lawsuit (CPLR 214(5)). Claims against a city or its agencies are shorter: a notice of claim is generally due within 90 days (General Municipal Law § 50-e), and suit within one year and 90 days (§ 50-i). Medical malpractice has its own deadline. Speak with an attorney promptly.
To sue another driver for pain and suffering, you generally must show a “serious injury” under New York Insurance Law § 5102(d). No-fault insurance separately covers basic economic loss, such as medical bills and lost earnings, up to $50,000 per person. Whether a brain injury qualifies depends on the medical evidence.
A brain injury claim may seek compensation for medical treatment, rehabilitation, lost income, and the pain and life changes caused by the injury. Which damages apply, and how much, depends on the medical evidence, how the injury happened, and New York law. No result is guaranteed. An attorney can evaluate your situation.
Get medical care right away, even if the injury seems minor. Then write down what happened, keep your medical records and bills, photograph the scene, and collect witness names. Be careful with statements to insurers, and contact a brain injury attorney promptly. The Law Offices of Steve Newman offers free consultations.
Talk to The Experienced New York City Traumatic Brain Injury Lawyer Today
Consultations are free. Call the Law Offices of Steve Newman’s toll free at 800-690-9880.