After a brain injury, keeping up with work, appointments, and everyday responsibilities can feel overwhelming. You may be dealing with headaches or trouble concentrating while your family tries to understand what recovery will require. A Queens traumatic brain injury lawyer can take on the legal work and help you pursue compensation for the harm caused by another party's negligence.
The Rothenberg Law Firm represents injured people and families in serious personal injury matters. We bring more than 55 years of personal injury experience, a willingness to invest in case preparation, and an approach centered on understanding each client's needs. Our Queens office is in Forest Hills.
Call 718-550-7188 or submit our online form for a free consultation and case evaluation. You can contact us while treatment is ongoing, and a family member can help you start the conversation.
How Our Queens Traumatic Brain Injury Lawyer Can Help
A brain injury claim should account for what happened, how the injury affects you now, and the support you may need later. We investigate the accident, obtain relevant records, identify potentially responsible parties, and review available insurance coverage.
Our personal injury attorneys also handle claim communications and explain the decisions that need your attention. When a case calls for specialized analysis, we can work with appropriate medical, vocational, and financial professionals to develop the evidence. We prepare cases for trial when necessary while pursuing a resolution that reflects the losses supported by the record.
If concentrating on legal documents is difficult, tell us. We can discuss how to make conversations easier to follow and how a trusted family member may participate with appropriate authorization. Learn more about The Rothenberg Law Firm and our approach to representing injured people.
Understanding a Traumatic Brain Injury
A traumatic brain injury, or TBI, causes brain damage that affects how the brain functions after an outside force. It can follow a blow to the head, a force that rapidly moves the head and brain, or a penetrating injury. A concussion is a type of TBI and deserves medical attention.
The CDC describes symptoms that can affect thinking, mood, sleep, and physical function. They may include:
- Headaches, dizziness, or balance problems.
- Difficulty remembering information or staying focused.
- Sensitivity to light or noise.
- Changes in vision, energy, or sleep.
- Irritability, anxiety, or other emotional changes.
Some symptoms appear immediately; others emerge over hours or days. A healthcare professional should evaluate symptoms after an injury and guide treatment.
When to Seek Emergency Care
Call 911 or go to an emergency department right away for danger signs after head trauma, such as a worsening headache that will not go away, repeated vomiting, seizures, weakness, slurred speech, increasing confusion, or difficulty waking up. The CDC identifies these as warning signs requiring immediate care.
Accidents That Can Lead to Brain Injury Claims
The legal investigation begins with the event that caused the injury. We examine the responsibilities of the people and businesses involved and the evidence showing how their conduct contributed to the harm.
Brain injury matters may arise from:
- Vehicle collisions: Crashes involving cars, trucks, motorcycles, buses, or rideshare vehicles, including auto accidents that injure pedestrians or cyclists.
- Falls on unsafe property: Falls involving hazardous stairs, walkways, flooring, or other property conditions.
- Construction and workplace incidents: Falls from ladders or scaffolds, falling objects, and equipment incidents.
- Defective products: Failures involving vehicles, machinery, or other products that cause a head injury.
Our Queens car accident lawyers can address the vehicle and insurance issues involved when a collision causes a TBI. For other incidents, including medical malpractice, we examine the relevant property, worksite, or healthcare evidence. The goal is to identify the claims supported by the circumstances and pursue the parties responsible.
Documenting Both the Accident and Its Effects
Building a brain injury case involves several kinds of evidence. We connect the account of the accident with medical findings, treatment recommendations, and information about the changes in your life.
Establishing How the Injury Happened
Depending on the incident, relevant evidence may include photographs, video recordings, witness accounts, police or incident reports, and vehicle or equipment records. In a property case, maintenance records and information about the condition of the area may matter. Worksite records may help explain construction accidents.
We can seek preservation of relevant evidence and arrange appropriate inspections. You can help by identifying the location of the accident, any witnesses you know, and records already in your possession. Our team can work on obtaining additional information.
Explaining the Medical and Everyday Impact
We review emergency records, specialist evaluations, imaging when available, and rehabilitation records. The CDC explains that clinicians may use tests of memory, concentration, and other thinking skills when evaluating a concussion. Your treating professionals determine which evaluations and treatment are appropriate.
The legal claim also needs to explain how the injury affects activities. Examples may include needing help managing appointments, being unable to complete a work shift, or relying on assistance with household tasks. With your authorization, information from family members and others familiar with your daily life can help describe those changes.
Looking Ahead to Rehabilitation and Future Care
Your needs may continue beyond your initial hospitalization and the first hospital visit. As treatment progresses, medical recommendations can clarify which services and support should be considered in the claim.
The National Library of Medicine's overview of TBI treatment describes rehabilitation that may include physical, occupational, speech, and cognitive therapies, depending on the injury. Some people also need long-term care, assistance with daily activities, or ongoing medical care. Your healthcare team should guide those decisions.
Where appropriate, we can work with qualified professionals to evaluate the likely cost of recommended care, equipment, home assistance, or other future needs. A life care plan can organize medically supported services and their projected costs. We examine these needs as part of preparing the claim and evaluating settlement proposals.
Understanding the Effect on Work and Earnings
The ability to work can involve more than physical strength. Concentration, communication, planning, and tolerance for a full workday may also matter. We review the demands of your job alongside medical recommendations and employment records.
Pay records can document missed income. When an injury affects future work capacity, a vocational or economic assessment may help explain the longer-term loss. This review can also address self-employment, a reduced schedule, or changes in the duties you can perform.
Compensation a Brain Injury Lawsuit May Pursue
Depending on the facts and applicable law, a personal injury lawsuit may seek compensation for:
- Emergency care, hospital treatment, and medical follow-up.
- Rehabilitation, prescribed medication, and necessary equipment.
- Medically supported future treatment and personal assistance.
- Lost earnings and reduced future earning capacity.
- Necessary changes to the home or other accommodations related to the injury.
- Physical pain and suffering, emotional distress, and the loss of enjoyment of life and effect on activities.
We evaluate the losses specific to you and explain how they are documented. A meaningful assessment considers your treatment, work, household responsibilities, and anticipated needs together. As the medical picture develops, we use that information to assess the compensation sought and discuss proposed resolutions.
Addressing Medical Bills and Available Benefits
Paying for care may require attention while the legal claim is still developing. The source of benefits depends on how the injury occurred and the coverage available.
After an eligible motor vehicle accident, New York no-fault insurance may cover medical expenses and certain lost wages and earnings. Our attorneys can review the applicable policies and explain the relationship between benefits and a claim against a responsible party. The Department of Financial Services provides information about no-fault claims, including notice requirements.
For a work-related injury, workers' compensation may provide medical and wage-replacement benefits. A separate personal injury claim against a responsible third party may also be available. Our New York workers' compensation information explains that system. We can review how the potential claims relate and which steps require attention.
Practical Steps for You and Your Family
Start with your healthcare team's instructions. Ask about follow-up care and when it is safe to return to work, driving, or other activities. The CDC recommends getting guidance about returning to daily activities after a concussion.
For the legal side, these steps can help organize information:
- Save accident records. Keep photographs, report numbers, witness contact details, and correspondence.
- Keep treatment information together. Maintain a list of providers, appointments, prescriptions, and recommendations.
- Track expenses and missed work. Save bills, receipts, wage records, and work-related correspondence.
- Note changes in daily tasks. Record specific activities that now require assistance and questions to discuss with your providers.
- Get advice about proposed settlements. Have counsel explain the terms and how they address your current and anticipated losses.
A family member can help organize documents or take notes during conversations. If the injured person cannot manage legal decisions, we can explain the authority needed for someone to act on their behalf. Our focus is on making the next steps understandable and manageable.
Filing Deadlines for New York Brain Injury Cases
Many negligence-based personal injury lawsuits in New York must be filed within three years, generally measured from the injury. The applicable deadline depends on the claim, the parties involved, and any special rules.
There may also be earlier requirements. Certain claims involving public entities require a notice of claim within 90 days, and insurance or workers' compensation matters have separate deadlines. Claims involving children or people unable to manage their affairs need an individual review.
You can contact an attorney while treatment continues. An early review allows us to identify the deadlines, preserve evidence, and begin the legal work as your healthcare team assesses your recovery.
Speak With a Queens Traumatic Brain Injury Lawyer
You deserve legal representation that takes your medical needs and everyday concerns seriously. The Rothenberg Law Firm can review what happened, explain your options, and discuss how we can help pursue compensation. Our overview of the firm's case process explains how representation can move from an initial evaluation through resolution.
Queens Traumatic Brain Injury Frequently Asked Questions
Can a concussion support a personal injury claim?
Yes. A concussion is a traumatic brain injury. A lawyer can evaluate the circumstances of the accident, the medical evidence, and the effect on your life to determine which claims may be available. You can request a consultation while your healthcare providers continue evaluating the injury.
Can I have a brain injury if I never lost consciousness?
Yes. The National Library of Medicine notes that many people with a mild TBI do not experience a loss of consciousness. Seek medical evaluation for symptoms after an injury. We can review the accident and available medical records when discussing your legal options.
Do I need a brain scan before contacting a lawyer?
No. You can call with the information you have. The CDC explains that a CT scan is not required to identify a concussion; clinicians evaluate symptoms and may use other assessments. Your healthcare provider decides whether imaging is appropriate, and we review the available evidence as a whole.
How much does it cost to hire the firm?
The initial evaluation is free. For personal injury lawsuits, The Rothenberg Law Firm works on a contingency-fee basis: attorneys' fees are payable only if there is a recovery. We explain the fee agreement and how case expenses are handled before representation begins.
How long will my brain injury case take?
Timing depends on the investigation, the medical information needed to assess future losses, settlement discussions, and any court proceedings. We explain the next stage and keep you informed as the case develops. A consultation can begin before the course of your recovery is fully known.