Brooklyn Nerve Damage Lawyer

Nerve damage is one of the most misunderstood categories of injury in personal injury law, and it is also one of the most consequential. Unlike a broken bone that shows up clearly on an X-ray, nerve injuries can take weeks or months to fully manifest, and their long-term effects, chronic pain, numbness, loss of motor function, and permanent disability, are often dismissed by insurance adjusters who want to settle claims before the true picture emerges. A Brooklyn nerve damage lawyer at Mark David Shirian P.C. understands how nerve injuries develop, how they are documented, and what it takes to build a case that reflects the full scope of what a victim has lost.

Brooklyn generates a substantial volume of nerve injury cases every year. The borough’s dense traffic corridors, active construction sites, aging infrastructure, and busy transit network create conditions where accidents involving serious neurological harm occur regularly. The injury itself might stem from a single violent impact, from prolonged compression caused by a workplace accident, or from a medical procedure that went wrong. What these cases share is that the path from injury to fair compensation is rarely straightforward, especially when the damage does not show up on standard imaging and requires expert testimony to explain.

At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian handle serious injury claims for clients across Brooklyn and the broader New York City area. The firm was founded with one goal: to help those who have been wronged. That focus translates directly into how nerve damage cases are prepared and pursued.

Types of Nerve Damage Claims Our Brooklyn Attorneys Handle

• Motor vehicle accident nerve injuries: Collisions on the Brooklyn-Queens Expressway, Atlantic Avenue, Flatbush Avenue, and other high-traffic corridors frequently produce herniated discs, brachial plexus injuries, and other nerve trauma caused by the force of impact or sudden deceleration.
• Construction site nerve injuries: Brooklyn’s ongoing residential and commercial construction boom puts workers at risk of crush injuries, falls, and equipment accidents that can sever or severely compress peripheral nerves, often triggering claims under New York Labor Law.
• Slip and fall peripheral neuropathy: Hard falls on defective sidewalks, wet floors in commercial properties, or broken staircases can cause nerve impingement or damage in the spine, wrists, and lower extremities, particularly in elderly victims who sustain the impact on hard surfaces.
• Medical malpractice nerve injuries: Surgical errors, improper injections, birth injuries, and failure to diagnose conditions that compress nerves over time can all give rise to malpractice claims when the standard of care was not met and the nerve damage was preventable.
• Pedestrian and bicycle accident nerve trauma: Being struck by a vehicle creates concentrated forces on the body that frequently damage the lumbar plexus, sciatic nerve, and other major nerve structures, often requiring long-term neurological treatment.
• Dog bite and animal attack injuries: Deep lacerations from animal attacks can lacerate peripheral nerves, particularly in the hands and forearms, causing loss of grip strength, chronic pain, and permanent sensory deficits.
• Workplace exposure and repetitive stress injuries: In certain industries prevalent in Brooklyn, including logistics, food service, and manufacturing, repeated mechanical stress or toxic exposure can cause occupational neuropathy, which may support a workers’ compensation claim or third-party lawsuit.

What to Do After a Nerve Injury in Brooklyn

The single most important thing you can do after any accident that may have involved nerve damage is to see a physician who takes your neurological symptoms seriously. Tingling, burning sensations, weakness in a limb, or loss of sensation in any part of the body are not symptoms to dismiss or “wait out.” Ask your doctor for a referral to a neurologist, and request that nerve conduction studies or electromyography testing be ordered if appropriate. These diagnostic tools are critical for documenting nerve injury in a way that carries weight in litigation, and they need to be completed while the injury is actively measurable.

Preserve everything connected to how the accident happened. Photographs of the scene, the identity of any witnesses, any reports filed with police or building management, and records of any prior complaints about the hazardous condition all become relevant. In Brooklyn, slip and fall cases involving city-owned sidewalks require a Notice of Claim to be filed against the City of New York within 90 days of the accident. Missing that deadline eliminates the ability to sue the city, regardless of how strong the underlying case is. Construction accident claims have their own procedural considerations under New York Labor Law, and medical malpractice cases require careful compliance with certificate of merit requirements.

Cases filed in Brooklyn are handled in Kings County Supreme Court for Supreme Court-level civil claims, located at 360 Adams Street. For lower-value claims, Brooklyn Civil Court at 141 Livingston Street handles civil matters up to the applicable jurisdictional threshold. Understanding which court your case belongs in, and what procedural requirements apply there, is one of the practical advantages of working with an attorney who litigates in these courts regularly. New York’s general statute of limitations for personal injury claims is three years from the date of the accident, but exceptions and shorter deadlines apply depending on who caused the injury. Do not assume you have more time than you do.

One mistake people consistently make after nerve injuries is accepting an early settlement offer before the full extent of the damage is known. Nerve damage does not always stabilize quickly. Some injuries continue to worsen. Others require ongoing treatment for years, including pain management, physical therapy, or surgery. Settling before reaching maximum medical improvement often means accepting a fraction of what the injury is actually worth, and it cannot be undone after the release is signed.

Proving Nerve Damage in a New York Personal Injury Case

Nerve injuries present a genuine evidentiary challenge. They are often invisible on conventional imaging, they cause symptoms that are subjective by nature, and defense attorneys and insurance carriers exploit both of those facts. Building a case that accurately represents what a nerve injury victim is enduring requires a specific combination of medical documentation, expert testimony, and an understanding of how jurors and adjusters evaluate neurological harm.

The medical record has to tell a coherent story. That means consistent documentation of symptoms from the earliest medical visit forward, objective testing results from nerve conduction studies and EMG, and opinions from treating neurologists that connect the documented injury to the accident. Gaps in treatment, delayed diagnoses, or inconsistencies between reported symptoms and documented findings all create ammunition for the defense. An attorney handling nerve damage claims in Brooklyn has to anticipate these arguments and address them before they derail a case.

Economic damages in nerve injury cases often include medical expenses for both past treatment and future care, lost wages if the injury affected the ability to work, and loss of earning capacity if the damage is permanent and affects the type of work someone can perform. Non-economic damages, covering pain, suffering, and loss of enjoyment of life, can be substantial in nerve injury cases because the symptoms are often chronic and profoundly affect daily functioning. New York does not cap pain and suffering damages in most personal injury cases, which is one reason it matters to have the case properly documented and presented.

Why Mark David Shirian P.C. Handles Brooklyn Nerve Damage Cases

The firm of Mark David Shirian P.C. was founded in 2016 and has recovered millions of dollars on behalf of injury victims across New York. That track record reflects something specific: the firm takes cases seriously, prepares them thoroughly, and does not treat clients as files to be processed. Clients have described the firm’s approach as compassionate and hard-working, noting that attorney Mark D. Shirian pays close attention to details that matter in each individual case and fights to keep clients informed throughout the process.

That kind of attention matters more in nerve damage cases than in almost any other injury category. These are claims where the difference between a fair outcome and an inadequate settlement often comes down to whether the attorney understood the medical evidence, knew which experts to retain, and had the preparation to press the case through litigation when an insurance company’s initial offer does not reflect reality. Mark D. Shirian and Shawn D. Shirian bring that level of preparation to every case the firm accepts. The firm handles nerve injury claims across Brooklyn as part of a broader personal injury practice that is built on assertive, strategic, and honest representation.

Questions About Brooklyn Nerve Damage Claims

How do I know if I have a valid nerve damage claim?

A valid claim requires that your nerve injury was caused by someone else’s negligence, a careless driver, a property owner who failed to fix a dangerous condition, a medical professional who made a preventable error, and that the injury resulted in documented harm. The clearer the link between the accident and the neurological symptoms, and the more thoroughly the injury is documented, the stronger the claim.

Can nerve damage be proven if it does not show up on an MRI?

Yes. MRI imaging is not the only tool for documenting nerve injury. Nerve conduction velocity studies and electromyography testing directly measure how nerve signals are functioning and can detect damage that does not appear on structural imaging. Testimony from a treating neurologist or electromyographer explaining what those results show is typically the foundation of medical proof in nerve damage litigation.

How long do nerve damage cases typically take to resolve in Brooklyn?

Cases that settle before trial can sometimes resolve within one to two years of filing, depending on the complexity of the medical issues, the responsiveness of the defendant’s insurer, and the court’s docket. Cases that go to trial in Kings County Supreme Court can take longer. In nerve injury cases specifically, it often makes sense to allow time for maximum medical improvement before finalizing a settlement, which can extend the timeline but protects the victim from accepting too little too soon.

What if my nerve damage developed gradually from a workplace condition rather than a single accident?

Occupational neuropathy caused by repeated trauma or workplace exposure can support both a workers’ compensation claim and, in some situations, a third-party personal injury lawsuit against a manufacturer or contractor whose negligence contributed to the condition. The key is establishing when the condition became symptomatic and what caused it. An attorney familiar with both pathways can help evaluate which route maximizes recovery.

What is the difference between nerve damage and a herniated disc?

A herniated disc is a structural injury to the spine in which the disc material presses against a nerve or the spinal cord. The nerve damage resulting from that compression is a separate but related condition. Both injuries can coexist, and both need to be documented and claimed. In some cases, surgery to address the disc injury partially resolves the nerve symptoms; in others, the nerve damage is permanent even after the structural problem is corrected.

Will the defendant’s insurance company try to blame pre-existing conditions for my nerve damage?

This is one of the most common defense strategies in nerve injury cases. If a claimant had any prior spine issues, diabetic neuropathy, or previous injuries, the defense will argue that the symptoms existed before the accident. New York’s “eggshell plaintiff” rule provides that a defendant takes the victim as they find them, meaning a pre-existing vulnerability does not eliminate liability, but it does require careful medical documentation to show that the accident aggravated or worsened a condition that was previously asymptomatic or manageable.

What if I was a passenger in a vehicle when my nerve injury occurred?

Passengers generally have strong claims because they are not at fault for causing the accident. Depending on the circumstances, recovery may come from the at-fault driver’s insurance, the driver of your own vehicle, or through your own uninsured/underinsured motorist coverage. As a passenger, you are not subject to comparative fault reduction based on how the accident happened.

Can I still recover damages if I did not go to the emergency room right after the accident?

Delayed treatment is a real problem in nerve injury cases because defense attorneys use gaps in care to suggest the injury was not serious or was caused by something other than the accident. That said, delayed treatment does not automatically defeat a claim. The focus becomes explaining the delay, whether it was due to a gradual onset of symptoms, lack of insurance, or another legitimate reason, and then establishing the medical timeline from the first documented visit forward. Starting treatment promptly once symptoms appear is always better than continuing to wait.

Is there a limit to what I can recover for pain and suffering from nerve damage in New York?

New York State does not impose a statutory cap on pain and suffering damages in most personal injury cases, unlike some other states. What limits recovery in practice is the jury’s assessment of the evidence and the credibility of the medical testimony. Chronic, well-documented nerve conditions that affect the ability to work, sleep, engage in daily activities, and maintain relationships have historically supported significant non-economic damage awards in New York courts.

What makes nerve damage cases harder to settle than other personal injury claims?

Insurance carriers are often reluctant to pay significant sums on claims where the injury is not visible and the symptoms are reported subjectively. The combination of objective medical testing, credible expert opinion, consistent treatment records, and clear documentation of how the injury affects daily life is what moves these cases toward fair resolution. Without that package of evidence, claims tend to stall or settle for less than they are worth.

Serving Brooklyn Nerve Damage Clients Across the Borough and Beyond

Mark David Shirian P.C. represents nerve injury victims from every corner of Brooklyn and the surrounding New York City area. From Bay Ridge and Sunset Park along the western edge of the borough through Bensonhurst, Borough Park, and Flatbush toward the interior, the firm serves clients wherever their accident occurred. Neighborhoods including Park Slope, Carroll Gardens, Cobble Hill, Boerum Hill, and Red Hook are well within the firm’s coverage area. In the northern sections of Brooklyn, the firm handles cases arising in Williamsburg, Greenpoint, Bushwick, and Bed-Stuy. In the southeast, clients from Canarsie, East Flatbush, Flatlands, and Marine Park have also sought representation through the firm. Brighton Beach, Coney Island, and Sheepshead Bay on the southern waterfront are equally part of the firm’s service reach.

Beyond Brooklyn’s boundaries, the firm extends its personal injury representation to clients across all five boroughs, including the Bronx, Queens, Manhattan, and Staten Island, as well as to communities in Nassau County, Westchester County, and other parts of New York State. Regardless of where the accident happened or where the client lives, the standard of preparation and commitment remains the same.

Talk to a Brooklyn Nerve Damage Attorney About Your Case

Nerve injuries deserve serious legal attention, and the window for building the strongest possible case begins closing from the day of the accident. If you have been diagnosed with nerve damage, or if you are experiencing neurological symptoms following an accident and want to understand your options, speaking with a Brooklyn nerve damage attorney at Mark David Shirian P.C. is a practical next step. The firm offers confidential case evaluations and handles serious injury cases on a contingency basis, meaning no fees unless the case results in recovery. Attorneys Mark D. Shirian and Shawn D. Shirian are ready to assess your situation honestly and tell you what the evidence supports. Call today to schedule your evaluation.