Traumatic Brain Injury Lawyer Manhattan, NY
A traumatic brain injury can change every part of a person’s life in a single moment. In Manhattan, the combination of heavy pedestrian traffic, constant construction, and fast‑moving vehicles makes serious accidents a daily reality. A fall from scaffolding, a crash on the FDR Drive, or a collision between a bicycle and a delivery truck can leave a victim with cognitive impairment, memory loss, mood disturbances, and a lifetime of medical and rehabilitation needs. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent individuals and families in Manhattan who have suffered a traumatic brain injury because of another party’s negligence. Our New York location serves clients throughout New York County, and we work to pursue compensation for medical expenses, lost income, pain and suffering, and the long‑term care that a brain injury demands. To discuss your case, call (888) 437-7747 to schedule a consultation.
Traumatic Brain Injury Claims in Manhattan, New York
Traumatic brain injury (TBI) cases in Manhattan are governed by New York tort law and are litigated in the New York Supreme Court, New York County, located at 60 Centre Street. Because the Supreme Court has unlimited monetary jurisdiction, it is the appropriate venue for serious injury claims where damages often reach into the millions. TBI claims fall under New York’s personal‑injury statutes, and the state applies a pure comparative fault rule: under N.Y. C.P.L.R. Article 14-A, the amount of damages a plaintiff can recover is reduced by the percentage of fault attributed to the plaintiff, but the plaintiff can still recover even if they are 99% at fault. This is a significant difference from the all‑or‑nothing contributory negligence approach of some other states, and it means that a thorough investigation into the facts is critical to minimize the claimant’s assigned share of liability.
In motor‑vehicle‑related TBI cases, New York’s “serious injury” threshold under Insurance Law § 5102(d) must be satisfied for a plaintiff to recover non‑economic damages such as pain and suffering. A medically documented traumatic brain injury generally qualifies as a serious injury under the statute, but the specific medical evidence presented to the court or the insurance carrier will determine whether the threshold is met. For TBI cases that do not involve a motor vehicle—for example, a construction accident, a slip‑and‑fall, or an assault—the serious injury threshold does not apply, and the focus is on establishing the defendant’s negligence and the extent of the damages. In either scenario, a successful claim can compensate the injured person for medical bills, rehabilitation, lost wages, loss of future earning capacity, pain and suffering, and the costs of long‑term care or home modifications.
A personal‑injury lawsuit arising from a traumatic brain injury in New York must generally be commenced within three years from the date of the injury.
Source: N.Y. C.P.L.R. § 214(5). New York State Senate legislation page for CPLR Article 2‑?214
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Claims against a municipality, such as the City of New York or a public authority, are subject to shorter notice‑of‑claim deadlines, so it is important to seek legal guidance as soon as possible. Evidence such as accident‑scene photographs, surveillance footage, witness statements, and medical records can degrade quickly, especially in a fast‑paced city like Manhattan.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle TBI Cases in Manhattan
Every traumatic brain injury case requires a deliberate and methodical approach. Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the circumstances of the accident and collecting all available evidence. This often includes obtaining police reports, medical records, imaging studies (CT scans, MRIs), and the opinions of treating neurologists, neuropsychologists, and life‑care planners. Because TBI symptoms can be subtle and may not fully manifest until weeks or months after the accident, we monitor the client’s medical progress and work with medical professionals to document cognitive and functional impairments thoroughly.
Once liability and damages are substantiated, we engage with the at‑fault party’s insurance carrier. If the insurer does not offer fair compensation, we prepare the case for trial in New York County Supreme Court. New York’s pretrial procedure includes discovery, depositions, and a preliminary conference, followed by a compliance conference and, if necessary, a Note of Issue to place the matter on the trial calendar. Our legal team has experience navigating this process and works to present the medical and vocational evidence in a way that communicates the full impact of the injury on the client’s life. We handled matters on a contingency‑fee basis; clients pay no fee unless we recover compensation.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., and he has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes service as a former prosecutor, which gives him a detailed understanding of how evidence is gathered and challenged. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience to every matter. Results may vary.
Our New York location in Buffalo serves clients in Manhattan and throughout the state. We schedule consultations by appointment — call (888) 437-7747 to speak with us.
Frequently Asked Questions
How long do I have to file a TBI lawsuit in Manhattan?
In New York, you generally have three years from the date of the injury to file a personal‑injury lawsuit, including a traumatic brain injury claim. This deadline is set by N.Y. C.P.L.R. § 214(5). If the defendant is a government entity, you may need to serve a notice of claim. Missing the statute of limitations will likely bar your claim entirely, so it is wise to contact an attorney soon after an accident. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Do I need a lawyer for a brain injury case in New York County?
You are not legally required to have a lawyer, but traumatic brain injury cases involve complex medical and legal issues that are difficult to handle without experienced representation. Proving the full extent of a brain injury, especially when symptoms are invisible, demands neuropsychological testing and expert testimony. An experienced attorney can build the evidence, negotiate with insurers, and, if necessary, present your case in New York County Supreme Court. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What damages can I recover for a traumatic brain injury in Manhattan?
You may recover economic damages such as medical bills, lost wages, and the cost of future care, as well as non‑economic damages for pain and suffering and loss of enjoyment of life. New York does not cap compensatory damages in personal‑injury cases. If the injury occurred in a motor‑vehicle accident, you must also meet the “serious injury” threshold under Insurance Law § 5102(d) to recover non‑economic damages; a medically documented TBI typically satisfies that requirement. The amount of compensation depends on the severity of the injury, the victim’s age, and the impact on their ability to work.
How is fault determined in a Manhattan TBI case?
New York uses a pure comparative fault rule: your damages are reduced by the percentage of fault you are found to bear, but you can still recover even if you were mostly at fault. For example, if you are found 20% responsible and your damages total $1 million, you would recover $800,000. This makes it critical to conduct a thorough investigation and to retain attorneys who can reconstruct the accident and minimize the share of fault attributed to you. Our attorneys work to build a detailed record of the other party’s negligence.
What should I do after a head injury in Manhattan?
Seek immediate medical attention even if you feel fine; symptoms of a brain injury can develop hours or days later. Follow your doctor’s instructions, and document everything—how the accident happened, your symptoms, and all medical visits. Do not give a recorded statement to an insurance company without first consulting an attorney. Preserve evidence such as photographs of the scene and contact information for witnesses. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Personal Injury Lawyers Serving Other New York City Boroughs
We also represent clients in these New York City counties:
- Brooklyn Personal Injury Lawyer
- Queens Personal Injury Lawyer
- Staten Island Personal Injury Lawyer
- Bronx Personal Injury Lawyer
Official New York Primary Sources
For authoritative statutory information, consult these resources:
- New York County Supreme Court — information about the court where TBI lawsuits are filed
- N.Y. C.P.L.R. § 214(5) — the personal‑injury statute of limitations
- N.Y. Insurance Law § 5102 — the “serious injury” threshold for auto‑accident claims
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.