Traumatic Brain Injury Lawyer New York, NY
You were crossing a busy Manhattan intersection when a driver ran a red light and struck you. The next thing you remember is waking up in a hospital bed, disoriented and unable to recall the accident. Doctors diagnosed a traumatic brain injury—a TBI—that has since impaired your memory, caused persistent headaches, and made it impossible to return to work. Now you face mounting medical bills, lost wages, and an uncertain recovery. Law Offices Of SRIS, P.C. Concentrates its practice on complex personal injury claims, including traumatic brain injuries, throughout New York City and beyond. Mr. Sris, our Owner and Founder, and his Of Counsel team understand how catastrophic a TBI is and work to secure the compensation that injured New Yorkers and their families need. Call (888) 437-7747 to schedule a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options After a Traumatic Brain Injury in New York
A traumatic brain injury case in New York demands a clear strategy built on medical evidence and a thorough understanding of liability. The first priority is to stabilize your medical condition and document every aspect of your injury—diagnostic imaging, neuropsychological evaluations, and ongoing treatment records. Next, identify all potentially responsible parties. A TBI can result from a motor vehicle collision, a slip and fall on unsafe property, a construction site accident, or a defective product. Each scenario brings different legal considerations, from New York’s no-fault insurance rules for car crashes to premises liability standards for falls. At Law Offices Of SRIS, P.C., we evaluate every potential source of recovery—including the at-fault driver’s liability coverage, your own uninsured/underinsured motorist benefits, and any third-party claims—so no avenue is overlooked. We also consult with life-care planners and medical experts to document the full scope of your future needs, from rehabilitation to long-term care, because a TBI often requires a lifetime of support.
What to Expect When Pursuing a TBI Claim in New York
Traumatic brain injury litigation in New York typically proceeds through the Supreme Court in the county where the accident occurred—whether that is New York County (Manhattan), Kings County (Brooklyn), Queens County, Richmond County (Staten Island), or a Long Island county such as Nassau or Suffolk. New York’s civil procedure requires the filing of a summons and complaint, followed by a period of discovery during which both sides exchange medical records, expert reports, and deposition testimony. Many TBI cases resolve through negotiated settlements, but when a fair offer is not forthcoming, Mr. Sris and his Of Counsel are prepared to take the case to trial. Throughout the process, we communicate with you about developments and explain how your life has been affected, because the damages you claim must be supported by concrete evidence of your pain, suffering, and diminished quality of life.
In New York, a personal-injury claim, including a traumatic brain injury claim, must be filed within three years of the date of the accident under N.Y. C.P.L.R. § 214(5).
Source: New York State Senate, CPLR Article 2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Damages and Your Recovery in a New York TBI Case
New York law allows injured plaintiffs to recover both economic and non-economic damages. Economic damages include medical expenses, rehabilitation costs, lost wages, and diminished future earning capacity. Non-economic damages compensate for pain and suffering, loss of enjoyment of life, and emotional distress. New York is a pure comparative fault state, meaning your recovery is reduced by your percentage of fault—but you can still recover even if you were largely at fault, provided another party bears some responsibility. There is no cap on compensatory damages in New York personal injury cases. For traumatic brain injuries arising from motor vehicle accidents, an important threshold applies: under Insurance Law § 5102, a plaintiff must prove a “serious injury”—one that results in death, dismemberment, significant disfigurement, a fracture, or a permanent consequential limitation—to recover for pain and suffering. Because a TBI often satisfies that requirement, it is critical to have an attorney who can marshal the medical proof early. Contact us to discuss how these rules apply to your situation.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 after serving as a prosecutor. Over nearly three decades, he has built a multi-state practice admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to the firm and have achieved over 4,739+ documented firm-wide results. Results may vary. When you entrust your traumatic brain injury case to us, you gain access to a team that understands the medicine, the law, and the tactics needed to confront well-funded insurance companies. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), demonstrating the firm’s commitment to legislative advocacy. Our New York location, by appointment only, is at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. Call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions About Traumatic Brain Injury Cases in New York
Do I need a lawyer for a traumatic brain injury claim in New York?
While you are not required to hire a lawyer, a traumatic brain injury case involves intensive medical evidence and complex legal arguments that are difficult to handle without experienced counsel. Insurance companies often dispute the extent of a TBI because many symptoms are invisible. An attorney who concentrates in personal injury can engage neurologists, neuropsychologists, and life-care planners to build a case that demonstrates the full impact of the injury. Without this support, a claimant stands little chance of recovering fair compensation.
How much does a traumatic brain injury lawyer cost in New York?
Traumatic brain injury lawyers in New York typically work on a contingency fee, meaning you pay no attorney fee unless you recover compensation. The fee is a percentage of the recovery, agreed upon in advance. This arrangement allows injured people to pursue a claim without any upfront expense. At Law Offices Of SRIS, P.C., we offer consultations by appointment so you can discuss your case and learn about the fee structure before making any commitment.
What kinds of accidents cause traumatic brain injuries in New York?
Any blow to the head or sudden jolt can cause a traumatic brain injury; common scenarios in New York include motor vehicle collisions, falls from heights, bicycle and pedestrian accidents, construction site incidents, and assaults. In busy New York City streets, pedestrian knockdowns and taxi accidents are frequent causes. Regardless of how your injury occurred, if another party’s negligence played a role, you may have a valid claim for damages.
How long does it take to resolve a traumatic brain injury lawsuit in New York?
The timeline varies widely depending on the severity of the injury, the number of parties, and the court calendar. A straightforward case might settle within a year, while a contested lawsuit involving extensive expert testimony can take several years. Prompt investigation and preservation of evidence—such as accident reports, surveillance footage, and medical records—helps move the case forward efficiently.
Can I still recover damages if I was partly at fault for the accident that caused my TBI?
Yes. New York follows a pure comparative fault rule, so your recovery is reduced by your share of fault, but you are not barred from recovering even if you bear most of the responsibility. For example, if a jury finds you 60% at fault and your damages total $1 million, you could still recover $400,000. This rule makes it crucial to carefully investigate fault and present all evidence of the other party’s negligence.
What evidence is most important in a traumatic brain injury case?
Medical imaging, neuropsychological test results, and testimony from treating physicians and vocational attorneys are central to a TBI case. CT scans, MRIs, and diffusion tensor imaging can show structural brain damage, while cognitive assessments document functional deficits. Lay witness statements from family members and co-workers who can describe changes in your personality, memory, and daily functioning are also highly persuasive.
Get Guidance for Your Traumatic Brain Injury Claim
If you or a family member suffered a traumatic brain injury in New York City or anywhere in New York State, contact Law Offices Of SRIS, P.C. for a consultation. Our New York location, by appointment only, is at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. Call (888) 437-7747 to schedule a time to discuss your case. We represent clients from all five boroughs—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—as well as Long Island and Westchester County.
New York County traumatic brain injury attorney · Kings County brain injury lawyer · Queens County personal injury lawyer · Staten Island TBI attorney · Nassau County injury counsel
For a comprehensive overview of New York personal injury law, visit our firm’s personal injury practice page.
Primary legal sources: New York Civil Practice Law and Rules (CPLR) § 214 · New York County Supreme Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.