Brain injuries represent some of the most devastating consequences of accidents in New York City, with thousands of residents suffering traumatic brain injuries (TBIs) and acquired brain injuries each year due to motor vehicle collisions, workplace accidents, slip and falls, assaults, and medical malpractice. These injuries range from mild concussions to severe traumatic brain injuries that can result in permanent cognitive impairment, personality changes, memory loss, and physical disabilities. Common types include concussions, contusions, diffuse axonal injuries, penetrating injuries, and anoxic brain injuries, each with distinct causes and long-term implications. In the densely populated urban environment of New York City, brain injuries frequently occur in construction site accidents involving falls from heights, pedestrian knockdowns in busy intersections, subway accidents, bicycle crashes, and nursing home neglect cases. When brain injuries result from another party's negligence, recklessness, or intentional conduct, victims may have grounds for a personal injury claim to recover compensation for extensive medical treatment, rehabilitation costs, lost earning capacity, and the profound impact these injuries have on quality of life and family relationships.

Legal Rights and Considerations

New York operates under a pure comparative negligence system, meaning brain injury victims can recover damages even if partially at fault, though compensation is reduced by their percentage of responsibility. Under New York Civil Practice Law and Rules (CPLR) § 214, personal injury claims must generally be filed within three years from the date of injury, though exceptions exist for cases involving medical malpractice (two and a half years) or injuries discovered later. New York's no-fault insurance system requires that individuals first seek benefits through their own insurance for motor vehicle-related injuries, covering up to $50,000 in medical expenses and lost wages, but victims with "serious injuries" as defined by Insurance Law § 5102(d)—including significant disfigurement, bone fractures, permanent loss of use of a body system, or significant limitation of use—may step outside no-fault to pursue claims against at-fault parties. Compensable damages in brain injury cases may include past and future medical expenses, rehabilitation and therapy costs, lost wages and diminished earning capacity, pain and suffering, loss of enjoyment of life, and in cases of gross negligence or recklessness, punitive damages. 

Related Resources

New York City Courts:

• New York Supreme Court (handles personal injury cases)
  • New York County: 60 Centre Street, New York, NY 10007
  • Kings County: 360 Adams Street, Brooklyn, NY 11201
  • Queens County: 88-11 Sutphin Boulevard, Jamaica, NY 11435
  • Bronx County: 851 Grand Concourse, Bronx, NY 10451
  • Richmond County: 18 Richmond Terrace, Staten Island, NY 10301

Support Services:

• Brain Injury Association of New York State: Provides support groups, resources, and advocacy for brain injury survivors and families (bianys.org)
• New York State Department of Health Traumatic Brain Injury Services: Offers information on TBI waiver programs and community services
• Rusk Rehabilitation at NYU Langone: Comprehensive brain injury rehabilitation services
• Mount Sinai Brain Injury Rehabilitation Program
• Helen Hayes Hospital TBI Services
• Resources for Independence Central: Provides independent living services for individuals with brain injuries

Legal and Regulatory Information:

• New York Consolidated Laws, Civil Practice Law and Rules (CPLR): Contains statutes of limitations and procedural requirements
• New York Insurance Law Article 51: No-fault insurance provisions
• New York State Department of Financial Services: Insurance information and consumer resources
• New York Workers' Compensation Board: For workplace-related brain injuries