New York Brain Injury Lawyer
Finkelstein & Partners, LLP
1279 NY-300
Newburgh, NY, 12550
(845) 420-1779
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
A traumatic brain injury changes everything. The person you were before the accident, your ability to work, to concentrate, to manage your emotions, to maintain your relationships, may never fully return. And yet, to an insurance company, a brain injury is just a number on a spreadsheet. They will dispute your symptoms, challenge your diagnosis, and do everything in their power to pay you as little as possible.
At Finkelstein & Partners, we handle brain injury cases differently. Our team is made up of attorneys with deep expertise in traumatic brain injury litigation, including a command of the neuroscience, neuropsychology, and neuroimaging that winning these cases requires. We have been fighting for seriously injured New Yorkers since 1959, and we know how to prove the full scope of what a brain injury does to a person’s life, in a way that juries understand and insurers cannot dismiss.
Why Brain Injury Cases Require Specialized Legal Help
Traumatic brain injuries are among the most complex, most contested, and most undervalued injuries in personal injury litigation. Several factors make these cases uniquely challenging.
Brain Injuries Are Often Invisible
Unlike a broken bone that shows up clearly on an X-ray, many TBIs, including concussions and mild to moderate brain injuries, may not appear on standard imaging. Insurers exploit this. They argue that if you can’t see it, it isn’t there, even as the injured person struggles to hold a conversation, recall basic information, or control their emotions.
Symptoms Can Be Delayed or Misunderstood
Many brain injury victims feel relatively normal in the hours or days after an accident, only to develop worsening symptoms, including headaches, memory problems, personality changes, and cognitive deficits, in the weeks that follow. Without prompt and thorough medical documentation, insurers will argue that the injury is unrelated to the accident.
The Long-Term Consequences Are Often Enormous
A serious TBI can require years of rehabilitation, cognitive therapy, psychiatric care, and daily assistance. In the most severe cases, the injured person can never return to work or live independently. Accurately projecting those lifetime costs requires working with neurologists, neuropsychologists, life care planners, and economic experts, all of whom Finkelstein & Partners brings to every TBI case.
Defense Strategies Are Aggressive
Major insurers, commercial carriers, and their defense teams actively work to minimize TBI claims from the moment an accident is reported. Having a head trauma attorney who understands the science and the strategy on your side from the beginning is not optional. It is essential.
The Team at Finkelstein & Partners Is Dedicated to TBI Cases
Most personal injury firms handle TBI cases the way they handle any other case. Finkelstein & Partners built a dedicated practice around them.
We are specifically focused on traumatic brain injury, spinal cord injury, and severe chronic pain cases. The attorneys in this group have developed an exceptional understanding of the neurological and neuropsychological science that underlies these injuries, including expertise in the advanced neuroimaging techniques that can make visible what traditional scans miss, and the neuropsychological testing that documents cognitive and behavioral deficits in ways that hold up in court.
We also offer a unique advantage for clients who struggle to communicate the impact of their injury to others. Finkelstein & Partners has access to a documentary film service through Total Trial Services, a separate company owned by some of our partners, that creates professional video narratives telling our clients’ stories visually, so that juries and opposing counsel truly understand how a brain injury has changed a person’s life before and after the accident. Many of our TBI clients are referred to us by other attorneys and treating physicians who recognize the caliber of representation our team provides.
Common Causes of Brain Injuries in New York
Our New York brain injury lawyers represent clients whose head trauma arose from a wide range of accidents, including:
Motor Vehicle Accidents
Car crashes, truck collisions, motorcycle accidents, and bicycle accidents are among the leading causes of traumatic brain injury in New York. The sudden force of impact, whether from a direct blow or a violent jolt, can damage brain tissue without any visible external injury.
Construction Accidents
Falling objects, falls from scaffolding, and being struck by equipment are major causes of TBI on New York job sites. Labor Law protections may significantly strengthen your claim in these cases.
Slip and Fall Accidents
A hard impact to the head after a fall on a wet floor, broken sidewalk, or poorly maintained staircase can cause serious brain trauma that is too often dismissed as a minor incident.
Assaults and Premises Liability
When a person suffers a head injury as a result of an assault on someone else’s negligently maintained property, both the attacker and the property owner may bear liability.
Sports and Recreational Accidents
High-impact sports, defective equipment, and inadequately supervised activities can all produce TBIs ranging from concussions to severe diffuse axonal injuries.
Workplace Accidents
Beyond construction, workers in many industries face head injury risks from falling objects, vehicle accidents on the job, and dangerous equipment.
Types of Brain and Head Injuries We Handle
Not all brain injuries are the same, and the legal strategy required to prove and value each type varies considerably. Our head trauma attorneys handle the full spectrum, including:
Concussion and Post-Concussion Syndrome
Even a concussion considered clinically “mild” can produce post-concussion syndrome with symptoms that persist for months or years, including headaches, cognitive fog, memory loss, mood disturbances, and sensitivity to light and sound. These cases are among the most frequently undervalued by insurers, and among the most important to pursue with the right legal team.
Diffuse Axonal Injury (DAI)
DAI occurs when the brain’s connecting fibers are stretched and torn by rapid acceleration or deceleration. It is often associated with severe, long-term disability and frequently occurs in car and truck accidents.
Subdural and Epidural Hematomas
Bleeding between the brain and skull can exert dangerous pressure on brain tissue. These injuries may require emergency surgery and can cause permanent neurological damage.
Skull Fractures
A fracture in the skull can directly damage underlying brain structures or allow pathogens to reach the brain.
Contusions and Coup-Contrecoup Injuries
Brain bruising, whether at the site of impact or on the opposite side of the brain, can cause focal neurological deficits that affect movement, speech, memory, or behavior, depending on the area affected.
Chronic Traumatic Encephalopathy (CTE) and Progressive Conditions
Research continues to identify links between repeated head trauma and progressive neurological diseases, including CTE and Parkinson’s disease. Our attorneys follow developments in this science closely and incorporate them into our clients’ cases where applicable.
What Compensation Can a Brain Injury Claim Recover?
TBI cases are among the highest-valued personal injury claims because the consequences of a serious brain injury touch every aspect of a person’s life. A successful claim may recover compensation for:
- Past and future medical expenses, including emergency treatment, neurosurgery, hospitalization, rehabilitation, cognitive therapy, psychiatric care, and long-term nursing support
- Lost wages from time unable to work during recovery
- Diminished future earning capacity, including total loss of earning ability in severe cases
- Pain and suffering
- Emotional distress, depression, and anxiety directly caused by the injury
- Loss of enjoyment of life and loss of the activities and relationships the person valued before the injury
- In wrongful death cases, economic support, funeral costs, and loss of companionship
Because TBI cases routinely involve lifetime cost projections in the hundreds of thousands to millions of dollars, the accuracy of your damages calculation matters enormously. Finkelstein & Partners works with neurological experts, rehabilitation specialists, life care planners, and economic analysts to build a comprehensive picture of what your injury has cost, and will continue to cost, your family.
What to Do After a Head Injury in New York
The steps taken in the days and weeks immediately following a head injury can significantly affect the strength of a legal claim. If you or a loved one has suffered a head trauma:
- Seek medical attention immediately, even if symptoms seem minor at first
- Tell your medical providers about every symptom, including headaches, dizziness, memory problems, difficulty concentrating, sleep changes, and mood changes
- Follow all recommended treatment and do not miss appointments
- Keep records of all medical visits, prescriptions, and out-of-pocket costs
- Document how the injury is affecting your daily life, your work, and your relationships
- Do not give a recorded statement to any insurance company before speaking with a head trauma attorney
Symptoms of brain injury can evolve over days, weeks, and months. Early medical documentation creates a record that supports your legal claim later.
New York Brain Injury Law: Key Legal Considerations
In most New York personal injury cases, you have three years from the date of the accident to file a lawsuit. Different deadlines apply when a government entity is involved, typically 90 days to file a Notice of Claim. For minors who suffer brain injuries, the statute of limitations is generally tolled until they turn 18. Contact our attorneys as soon as possible so no deadline is missed and evidence is preserved.
No-Fault Insurance
If your brain injury resulted from a motor vehicle accident, New York’s no-fault system provides initial coverage for medical expenses and lost wages regardless of fault, up to the policy limits. However, brain injuries frequently exceed those limits, and a separate personal injury claim is typically necessary to recover full compensation, including pain and suffering.
Workers’ Compensation
If your brain injury happened at work, a workers’ compensation claim may provide benefits for medical expenses and lost wages. However, workers’ comp does not compensate for pain and suffering, and in many cases, a separate third-party lawsuit against a negligent contractor, property owner, or equipment manufacturer may significantly increase your total recovery.
Serving Brain Injury Victims Across New York State
Finkelstein & Partners has offices across New York State, including Albany, Binghamton, Buffalo, Kingston, Middletown, Newburgh, Poughkeepsie, Rochester, Schenectady, Syracuse, Wappingers Falls, and White Plains. Wherever your accident happened in New York, our New York brain injury lawyers are ready to help.
New York Brain Injury FAQ
Possibly. Many people are told their concussion is mild and they will recover, only to develop lasting post-concussion syndrome that affects their work, their relationships, and their quality of life. If your injury was caused by someone else’s negligence, you may have a valid claim regardless of the initial prognosis. Contact us to discuss your situation.
This is one of the most common tactics insurers use to minimize TBI claims. Standard CT scans and MRIs frequently miss brain injuries that are clearly present clinically. We work with neurological experts who utilize advanced imaging and testing protocols specifically designed to document brain injuries that conventional scans miss.
This is more common than people realize, and it does not harm your claim. Our attorneys and investigators work to reconstruct what happened through police reports, witness accounts, surveillance footage, accident reconstruction experts, and other evidence. You do not need to provide a perfect account to pursue a successful claim.
Nothing upfront. Finkelstein & Partners handles TBI cases on a contingency fee basis. You pay no legal fees unless we recover compensation for you. We also advance litigation costs so that financial concerns never prevent our clients from pursuing the full value of their case.
Contact a New York Brain Injury Lawyer Today
A traumatic brain injury is not just a physical injury. It affects how you think, how you feel, how you work, and how you connect with the people you love. The legal team you choose to represent you needs to understand that, and to be able to convey it to a judge, a jury, and an insurance company in a way that commands the compensation your injury demands.
Finkelstein & Partners has been winning serious injury lawsuits in New York for over 65 years. We bring a level of specialization in TBI litigation that few firms anywhere can match.
Call us now for a free, no-obligation case evaluation or contact us online. There is no fee unless we win your case.