New York City Concussion Lawyer

A concussion changes things quickly. One moment you are going about your day, and the next you are dealing with headaches that will not quit, trouble concentrating, sensitivity to light, and a creeping sense that something is genuinely wrong. What makes these injuries particularly difficult is that they are often invisible to everyone except the person experiencing them. Emergency rooms sometimes clear patients without ordering imaging. Employers and insurance adjusters question whether the injury is real. And all the while, the medical bills pile up and the missed workdays accumulate. For anyone dealing with a New York City concussion lawyer search, the stakes are concrete and immediate.

New York is a city of constant motion. Construction scaffolding lines the streets of Manhattan, Midtown sidewalks grow crowded enough to cause pedestrian collisions, and the subway system moves millions of people daily under conditions that create real fall and accident risks. Car crashes on the BQE and FDR Drive, slip-and-fall incidents in apartment buildings and commercial spaces, and workplace accidents across the five boroughs all produce traumatic brain injuries, including concussions, at a significant rate. The problem is that concussions occupy an uncomfortable middle ground in personal injury law. They are medically recognized as traumatic brain injuries, but they often do not show up on standard CT scans, which gives insurance companies an opening to dispute the severity of the harm.

That gap between what a person is actually experiencing and what an insurer is willing to acknowledge is exactly where legal representation matters most. Building a concussion claim requires more than a hospital discharge summary. It requires understanding how these injuries are documented, how neurological symptoms are treated and tracked over time, and how to present a coherent case for damages when the injury is not visible on a single diagnostic image.

How Concussions Happen Across New York City

• Motor vehicle collisions: Rear-end crashes, T-bone impacts, and pedestrian knockdowns on city streets produce the rapid head movement that causes concussions, even at relatively low speeds. High-volume corridors like Atlantic Avenue in Brooklyn, Northern Boulevard in Queens, and stretches of the Bronx River Parkway generate a disproportionate share of injury accidents each year.
• Slip-and-fall and trip-and-fall incidents: Building owners, property managers, and commercial tenants in New York City have a legal duty to maintain safe premises. Wet floors, uneven pavement, broken stairwells, and poorly lit common areas in apartment buildings across the Bronx, Brooklyn, Queens, and Staten Island all create conditions that lead to falls and head strikes.
• Construction site accidents: New York’s Labor Law provides specific protections for workers injured at construction sites. Falling objects, scaffold collapses, and falls from elevation at job sites throughout the city can produce traumatic brain injuries ranging from mild concussion to severe TBI, and the statutory framework creates avenues for recovery beyond standard workers’ compensation.
• Bicycle and e-bike accidents: As cycling infrastructure has expanded across the city, so have collisions involving cyclists and motor vehicles at intersections, in bike lanes, and along greenways like the Hudson River Greenway and the Brooklyn Waterfront Greenway. A rider thrown from a bike onto pavement absorbs a significant impact even with a helmet.
• Subway and bus incidents: Sudden stops, doors closing unexpectedly, crowded platforms, and slippery surfaces inside MTA facilities create conditions for falls and collisions. Claims against public transit authorities involve specific procedural requirements, including shortened notice deadlines that differ from standard personal injury claims.
• Sports and recreational injuries: Youth sports leagues, adult recreational programs, and fitness facilities across New York City can all be the setting for concussion-causing impacts. When the injury results from another party’s negligence, such as a poorly maintained facility or inadequate supervision, there may be grounds for a civil claim.
• Assault and premises liability: When someone suffers a concussion as the result of an assault at a location where the property owner failed to provide adequate security, both the assailant and the negligent property owner may bear civil liability for the resulting harm.

What a Concussion Claim in New York Actually Requires

New York’s serious injury threshold is a real obstacle in concussion cases. Under state law, a person injured in a motor vehicle accident must meet a defined standard of “serious injury” before they can pursue a tort claim against another driver. This standard includes categories like significant limitation of use of a body function or system, and a medically determined injury that prevents the person from performing substantially all of their daily activities for a meaningful period. Concussions, particularly those with documented cognitive, neurological, or psychological consequences, can meet this threshold, but the documentation has to support it.

This is why the medical record is so important in these cases. Consistent treatment with the right specialists matters. Neurologists, neuropsychologists, and concussion-specific clinics in New York City, including facilities affiliated with major hospital systems like NewYork-Presbyterian, NYU Langone, and Mount Sinai, are capable of producing the kind of thorough evaluations that translate into credible evidence in litigation. Neuropsychological testing, ImPACT assessments, and MRI sequences that go beyond standard CT imaging can reveal post-concussion syndrome, cognitive deficits, and other documented consequences of the injury.

A concussion attorney in New York City also has to understand how to retain and work with medical experts who can explain these injuries to a jury or to an insurance adjuster in a way that connects the science to the human cost. Defense-side physicians and hired experts often minimize concussion claims. Countering that requires preparation, medical credibility, and the ability to cross-examine hired opinions effectively.

Damages in a concussion case can be substantial when the injury is properly documented. Lost wages and lost earning capacity, particularly for professionals in fields that require sustained concentration, are real economic damages. Medical expenses, including ongoing neurological care, therapy, and medication, accumulate quickly. And non-economic damages for pain, suffering, cognitive disruption, and loss of enjoyment of life reflect what the person actually lives with day to day.

After a Head Injury: What to Do in the First Days and Weeks

The choices made immediately after a concussion can affect a legal claim significantly. The most important thing to do is seek medical attention promptly. Do not wait to see if symptoms resolve. Go to an emergency room or urgent care facility and tell the provider exactly how the injury occurred and what you are experiencing. The initial medical record becomes a foundation document in any future claim.

If the concussion resulted from a motor vehicle accident, a police accident report should be filed. In New York City, NYPD handles accident reporting. Obtain the report number and request a copy. If the injury occurred on someone else’s property, document the scene with photographs before conditions change. If there were witnesses, get contact information.

For accidents involving the MTA, transit authority, or another public entity, New York law requires that a Notice of Claim be filed within a specific, shortened timeframe before a lawsuit can commence. This deadline is much shorter than the general statute of limitations for personal injury claims in New York, and missing it can bar a claim entirely. Speaking with a concussion attorney in New York City as soon as possible after an MTA-related injury is not a procedural formality, it is a practical necessity.

For standard private party claims, the statute of limitations for personal injury in New York is generally three years from the date of the injury, but there are exceptions that can shorten or in limited circumstances extend that window. Workers’ compensation claims have separate reporting requirements and timelines. Do not assume the clock is not running simply because symptoms feel manageable at first.

Keep a daily symptom journal from the beginning. Write down headaches, sleep disruptions, memory difficulties, mood changes, sensitivity to light or sound, and any other symptoms you experience. This type of contemporaneous documentation is often persuasive because it is created before there is any litigation strategy in play. Save all medical bills, prescription receipts, and records of missed work. These documents build the economic damages portion of the claim.

Avoid making recorded statements to insurance adjusters without speaking to an attorney first. Insurance representatives are trained to gather statements that can be used to minimize a claim. What you say about your symptoms or about how the accident happened can be used against you.

Why Mark David Shirian P.C. Handles Concussion Cases in New York City

Mark David Shirian P.C. was founded in 2016 with a focused purpose: to represent people who have been wronged and to pursue the best possible outcome for each client. The firm handles personal injury claims across New York City and New York State, and its approach combines the kind of attentive client communication that larger firms often abandon with the litigation experience needed to go up against insurance companies and their defense teams.

Attorneys Mark D. Shirian and Shawn D. Shirian work directly with clients through every stage of a case. The firm has recovered millions on behalf of the people it represents. Client feedback consistently reflects two things: that the firm fights hard and that clients are treated with genuine care. In concussion cases, where the person on the other side of the claim is often questioning whether your injury is real, that combination of tenacity and attentiveness is directly relevant to how a case is built and how it is resolved.

The firm has been featured in the news for high-profile work, and it brings that same level of dedication to personal injury clients navigating what can be an exhausting and disorienting process. If you are dealing with post-concussion symptoms and trying to understand your legal options, this is a firm that will assess your situation carefully, explain what the path forward looks like, and represent you with commitment from start to finish.

Questions People Ask About Concussion Claims in New York

Does a concussion qualify as a serious injury under New York law?

It can, but it depends on how the injury is documented and what consequences it produces. New York’s serious injury threshold requires evidence of a medically determined injury or impairment. Concussions that result in post-concussion syndrome, cognitive deficits, or significant limitations on daily activity, when supported by appropriate medical records and expert opinions, can and do meet this threshold in New York courts.

What if the concussion did not show up on my CT scan?

A normal CT scan does not mean the injury did not happen. CT scans are designed to detect bleeding and structural damage, not the functional impairments associated with concussion. Neuropsychological testing, specialized MRI protocols, and evaluation by a concussion specialist can document the injury in ways that a standard emergency room CT cannot. This kind of documentation is often what separates a successful claim from a disputed one.

How long does it take to resolve a concussion case in New York City?

It varies considerably depending on how complex the liability issues are, whether the case settles or goes to trial, and the court’s schedule. Cases venued in the Supreme Court of New York County, Kings County, Queens County, or the Bronx all move at different paces. Many concussion cases that are well-documented settle before trial, but some proceed through litigation. Your attorney should give you a realistic picture of the timeline based on the specific facts of your case.

Can I pursue a concussion claim if I was partially at fault for the accident?

New York follows a pure comparative fault rule, which means that even if you were partially at fault for the accident, you can still recover damages. Your recovery is reduced by your percentage of fault, but it is not eliminated. This applies to car accidents, slip-and-fall cases, and most other personal injury scenarios.

What if I did not feel symptoms right away after the accident?

Delayed symptom onset is medically recognized in concussion cases. Symptoms sometimes emerge hours or even days after the initial impact. What matters is that you seek medical care as soon as symptoms appear and that you connect those symptoms to the incident in your medical records. Gaps between the accident and first medical visit can create complications in a claim, but they do not automatically defeat it.

What happens if my concussion causes long-term cognitive problems?

Long-term cognitive effects, sometimes called post-concussion syndrome, can significantly increase the damages available in a claim. When a concussion results in persistent headaches, memory issues, difficulty concentrating, emotional dysregulation, or other enduring neurological symptoms, the case may involve expert testimony from neurologists and neuropsychologists who can speak to the nature and duration of the impairment. Future medical costs and lost earning capacity become important components of the damages calculation.

Can I file a claim if I suffered a concussion while working in New York City?

Yes, but the legal framework depends on how the accident happened. A workplace injury generally triggers a workers’ compensation claim, which is handled through the New York State Workers’ Compensation Board. However, if a third party other than your employer caused the injury, you may also have a separate civil claim. Construction workers have additional protections under specific provisions of New York’s Labor Law that can create significant liability for property owners and general contractors.

What if the person who caused my concussion does not have enough insurance coverage?

If the at-fault party is underinsured or uninsured, your own auto insurance policy may provide coverage through uninsured and underinsured motorist provisions. In premises liability cases, the property owner’s general liability insurance becomes relevant. An attorney can help identify every available source of coverage based on the facts of your specific situation.

How do I know if my symptoms are serious enough to consult a lawyer?

If you sustained a head injury due to someone else’s negligence and you are experiencing any symptoms at all, including headaches, dizziness, memory difficulty, sleep changes, or mood shifts, it is worth having a conversation with an attorney. The evaluation is confidential and there is no cost to speak with the firm. You do not need to have a diagnosis of a specific injury category to understand whether you have a claim worth pursuing.

Will I have to go to court if I pursue a concussion claim?

Not necessarily. Many personal injury claims, including concussion cases, are resolved through negotiated settlements before a trial becomes necessary. However, the strength of a settlement often depends on whether the opposing party believes you are prepared to litigate. Working with an attorney who has actual litigation experience and is not afraid to try a case changes the dynamics of the negotiation in a meaningful way.

Representing Concussion Injury Clients Throughout New York City and the Surrounding Region

Mark David Shirian P.C. represents clients who have suffered concussions and traumatic brain injuries across all five boroughs of New York City and beyond. From the neighborhoods of Harlem, Washington Heights, and Inwood in upper Manhattan, through Midtown and the Lower East Side, and into the financial district at the southern tip of the island, the firm serves clients throughout Manhattan. In Brooklyn, that includes clients from Bay Ridge, Flatbush, Crown Heights, Bushwick, Williamsburg, and Bed-Stuy through to neighborhoods along the waterfront and into Coney Island and Bensonhurst. Queens clients come from Astoria, Jackson Heights, Flushing, Jamaica, Forest Hills, Rego Park, and Howard Beach, among other communities throughout the borough. In the Bronx, the firm serves clients from Fordham, Mott Haven, Riverdale, Tremont, and Hunts Point. Staten Island clients from St. George, Stapleton, New Dorp, and the South Shore communities of Tottenville and Great Kills are also served.

Beyond the five boroughs, the firm handles cases for clients in Westchester County, Long Island including Nassau and Suffolk counties, and other parts of New York State. Whether the injury occurred on a crowded city intersection or in a suburban setting outside the city, the firm’s representation extends to meet clients where they are.

Speak with a New York City Concussion Attorney About Your Situation

Post-concussion life is hard. The headaches, the cognitive fog, the disrupted sleep, and the frustration of not being taken seriously by insurers or even by people close to you make an already difficult medical situation even more isolating. A New York City concussion attorney from Mark David Shirian P.C. can give you a clear-eyed assessment of what your claim is worth, what evidence is needed to support it, and what the process of pursuing it actually looks like. The firm handles these cases with the same care and commitment that clients describe in their reviews, and the same determination that has led to millions recovered on behalf of injured New Yorkers.

Contact Mark David Shirian P.C. today for a confidential case evaluation. There is no obligation, and the conversation costs you nothing. The sooner the facts of your situation are reviewed, the better positioned you are to make informed decisions about what to do next.