Traumatic Brain Injury in New York? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.

Experienced Traumatic Brain Injury Lawyer in New York

New York sees a high volume of traumatic brain injuries due to its dense urban environments, heavy traffic, active construction industry, and fast pace of life. TBIs from car accidents, construction falls, slip and falls, and pedestrian accidents are tragically common. New York’s no-fault system and serious injury threshold create specific legal pathways for TBI victims. Attorney Michael Siddons leverages New York’s legal framework to maximize compensation for brain injury victims.

New York Traumatic Brain Injury Laws

New York TBI claims involve the no-fault system for auto-related injuries (PIP covers initial medical expenses), plus potential lawsuits if the serious injury threshold is met. TBIs typically meet the serious injury threshold under the “permanent consequential limitation” or “significant limitation of use” categories. Pure comparative negligence applies. Three-year statute of limitations. For construction TBIs, Labor Law §240 and §241(6) provide additional powerful claims.

Types of Traumatic Brain Injury Cases We Handle

We handle all TBI cases in New York including motor vehicle accidents, construction falls (with Labor Law protections), slip and falls, pedestrian and cyclist accidents, subway and transit injuries, workplace accidents, medical malpractice, and assaults due to negligent security.

Compensation Available in New York Traumatic Brain Injury Cases

New York TBI victims may recover no-fault PIP benefits plus, through lawsuit, full medical expenses, rehabilitation, future care, lost earning capacity, pain and suffering, cognitive changes, loss of enjoyment of life, and home modifications. Pure comparative negligence means you can recover even if partially at fault.

Frequently Asked Questions

Does a TBI meet New York’s serious injury threshold?

TBIs typically meet the threshold under “permanent consequential limitation of use of a body organ or member” or “significant limitation of use of a body function or system.” Comprehensive medical documentation is key to establishing this.

What is the statute of limitations for TBI in New York?

Three years for personal injury. No-fault applications must be filed within 30 days. Government entity claims require a Notice of Claim within 90 days. Contact an attorney immediately.

Can I file a TBI claim for a construction accident in New York?

Yes. If your TBI resulted from a gravity-related construction incident, Labor Law §240 may impose strict liability on the property owner — regardless of your own fault. This is one of the strongest legal protections available.

What no-fault benefits are available for TBI in New York?

Your PIP insurance covers medical expenses up to your policy limit (minimum $50,000), 80% of lost wages (up to $2,000/month for 3 years), and other reasonable expenses. These benefits are available regardless of fault.

How are TBI cases different from other injury claims?

TBI cases require specialized medical evidence (neuroimaging, neuropsych testing), expert witnesses (neurologists, life care planners), and a focus on long-term prognosis. They are typically among the highest-value personal injury claims.

Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE traumatic brain injury consultation. Call (610) 255-7500. We serve all of New York. No fee unless we win.