New York City Head & Brain Injury Lawyer

A traumatic brain injury does not announce itself the way a broken bone does. You walk away from a collision, a construction site fall, or a violent slip on a wet floor, and for hours or even days, nothing feels obviously wrong. Then come the headaches that won’t quit, the memory gaps, the personality shifts that your family notices before you do. By the time a neurologist confirms what happened inside your skull, the medical bills have started stacking up and your employer is asking when you’re coming back. That gap between the moment of injury and the moment you fully understand what you’re facing is exactly where a New York City head and brain injury lawyer can make the difference between a claim that accounts for your future and one that doesn’t.

Traumatic brain injuries are among the most financially devastating injuries in personal injury law, and that’s not an accident of circumstance. The brain governs everything: your ability to work, to communicate, to form memories, to regulate emotion, to maintain relationships. An injury to it rarely resolves in a few weeks of rest. Many survivors require years of rehabilitation, ongoing psychiatric or neurological care, adaptive equipment, and in serious cases, full-time assistance with daily living. Standard insurance settlement offers rarely capture any of that. They’re built to close files, not to fund decades of care.

Mark David Shirian P.C. represents victims of serious and catastrophic injuries across New York City and New York State, including those whose lives have been upended by head trauma and brain injuries caused by someone else’s negligence. Our approach is direct: assess the full scope of what happened, identify every party with legal responsibility, and pursue compensation that reflects the real cost of what you’re living through, not just the bills that arrived last month.

How Brain Injuries Happen in New York City and Who Bears Responsibility

New York’s density creates a distinctive mix of brain injury causes. The sheer volume of vehicles, pedestrians, cyclists, and construction activity in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island means that the conditions for serious head trauma are present on virtually every block. Understanding how these injuries arise matters for building a liability claim, because the responsible party and the applicable legal theory shift depending on the circumstances.

• Motor Vehicle Collisions: Rear-end crashes, intersection accidents, and rideshare vehicle incidents are among the most common causes of closed-head injuries and traumatic brain trauma in the city. The force of even a moderate-speed impact can cause the brain to shift violently within the skull, resulting in contusions, diffuse axonal injury, or hemorrhage.
• Construction Site Accidents: New York’s Labor Law provides specific protections for workers injured by falling objects or falls from elevation. A falling tool, debris dropped from scaffolding, or a trip over unsecured materials on a jobsite can cause catastrophic head injuries, and the law often holds property owners and general contractors directly liable regardless of fault.
• Slip and Fall Incidents: Wet floors in commercial buildings, cracked sidewalks, broken stairwells in residential buildings, and inadequate lighting in public spaces all contribute to fall-related brain injuries. Property owners in New York have a duty to maintain safe premises, and when they fail, they can be held accountable under premises liability law.
• Bicycle and Pedestrian Accidents: Being struck by a vehicle while on foot or on a bicycle frequently results in head contact with the pavement or a vehicle. Pedestrian and cyclist injuries in high-traffic corridors throughout the five boroughs are a persistent and serious source of traumatic brain trauma claims.
• Medical Malpractice: Hypoxic or anoxic brain injuries, meaning injuries caused by oxygen deprivation, can result from surgical errors, anesthesia mismanagement, or failure to recognize and treat conditions like stroke or meningitis. These claims involve a separate body of law and require expert medical testimony to establish that the standard of care was breached.
• Assaults and Violent Incidents: Brain injuries caused by physical assault can give rise to both criminal prosecution and a separate civil lawsuit against the individual responsible, and in some cases against a property owner whose inadequate security contributed to the attack.
• Defective Products: Helmets that fail to perform as rated, faulty vehicle safety systems, and defective equipment can contribute to brain trauma, creating product liability claims against manufacturers and distributors.

What to Do After a Head or Brain Injury in New York

The single most important step after any blow to the head is immediate medical evaluation, even if symptoms seem minor. The brain can sustain significant structural damage that does not produce obvious signs in the first hours. Emergency departments throughout the city, including Level I trauma centers at Bellevue Hospital, New York-Presbyterian, and Kings County Hospital, are equipped to perform CT scans and MRIs that reveal bleeding, swelling, or other injury that a brief physical exam would miss. Delaying that evaluation is a medical risk, and it also creates a documentation gap that insurance carriers exploit when they argue your injury was either not serious or caused by something other than the incident in question.

Preserve everything from the scene. Photographs of the location, contact information for witnesses, a copy of any police report, and the names and badge numbers of any officers who responded should all be secured before they become harder to obtain. In New York, police accident reports can be requested through the NYPD’s online system, and incident reports for slip and falls on city property may be filed with the New York City Comptroller’s Office. For workplace injuries, the New York Workers’ Compensation Board has specific forms and timelines that must be observed, and missing those deadlines can affect your ability to receive benefits entirely separate from any third-party personal injury claim.

New York’s statute of limitations for personal injury claims is generally three years from the date of the injury, but there are important exceptions. Claims against New York City or any other municipal entity require a notice of claim filed with the Comptroller’s Office within 90 days of the incident. Missing that 90-day window does not automatically bar a claim, but it creates a legal obstacle that requires court involvement to overcome. Medical malpractice claims have a different limitations period. These deadlines are not formalities. They are hard legal cutoffs, and no attorney can bring a claim that has been extinguished by time.

Do not communicate with the other party’s insurance carrier without legal guidance. Adjusters conducting recorded statements in the days following a traumatic brain injury are not doing so to help you. A person with a fresh head injury may genuinely have impaired memory, processing speed, or judgment, and a recorded statement taken during that window can be used to undercut your claim later. Let an attorney handle that communication from the start.

The Full Scope of Compensation in a Brain Injury Claim

Brain injury claims are high-stakes litigation precisely because the damages are so extensive and often so difficult to quantify. Economic damages cover the straightforward costs: emergency room treatment, neurosurgery, hospitalization, rehabilitation, physical and occupational therapy, neuropsychological evaluation, and any medical equipment or home modification required. Future medical costs are often the largest single line item in a serious brain injury case, because care may continue for decades. Establishing those future costs credibly requires economic expert testimony and, in many cases, a life care planner who projects the full cost of the victim’s anticipated medical needs over their remaining years.

Lost earnings fall into two categories. Past lost wages, meaning income lost from the date of injury to the date of any verdict or settlement, can be documented through employment records and tax returns. Future earning capacity is harder. A traumatic brain injury may prevent someone from returning to their prior occupation, from working at the same professional level, or from working at all. Vocational rehabilitation experts and economic analysts work to calculate that loss in a way that can be presented to a jury and withstand cross-examination.

Non-economic damages, which include pain and suffering, loss of enjoyment of life, cognitive and emotional changes, and the impact on relationships and family life, are not subject to a formula. A brain injury that leaves someone with chronic headaches, memory impairment, emotional dysregulation, and the inability to pursue the activities that defined their life before the incident represents a profound loss that juries in New York have consistently recognized. New York does not cap non-economic damages in most personal injury cases, meaning these claims can reflect the true severity of what the injured person is living with.

Why Mark David Shirian P.C. Handles Serious Brain Injury Cases Across New York

Mark David Shirian P.C. was founded in 2016 with a stated purpose: to help people who have been wronged. The firm has recovered millions on behalf of clients in personal injury and other litigation matters, and the attorneys Mark D. Shirian and Shawn D. Shirian bring that track record to catastrophic injury claims of exactly this kind. Clients who have worked with the firm have described the attorneys as compassionate, detail-oriented, and tenacious in pursuing outcomes, the kind of representation that matters when the other side is an insurance company with institutional resources and a financial incentive to minimize what they pay.

What separates serious brain injury litigation from other personal injury work is the complexity of the medical and economic evidence. These cases require attorneys who will engage the right experts, challenge the defense’s version of events at the neurological level, and present a complete picture of the injured person’s life before and after the trauma. The firm’s approach of taking time to carefully assess each case and understand the client’s specific goals is particularly relevant in brain injury matters, where the long-term consequences vary significantly from person to person and cannot be handled with any off-the-shelf settlement approach.

Working with a New York City brain injury attorney at this firm means direct communication with attorneys who are actually handling your case, not a large-firm experience where clients are cycled through a team of associates. That kind of attention matters in a case where the facts are nuanced and the stakes involve not just a settlement amount but the financial foundation for the rest of your life.

Questions About Head and Brain Injury Claims in New York

What is the difference between a concussion and a traumatic brain injury?

A concussion is a form of traumatic brain injury, generally considered to be on the milder end of the spectrum. However, “mild” in medical classification does not mean the injury has no lasting effects. Post-concussion syndrome, which involves persistent headaches, cognitive fog, sleep disruption, and emotional changes, can last months or years. Repeated concussions also carry long-term risks. Any classification of brain injury, mild or severe, can support a personal injury claim if it was caused by another party’s negligence and produced documented harm.

Can I file a claim if my brain injury was not immediately diagnosed?

Yes. Delayed diagnosis is common in brain injury cases, and it does not prevent you from filing a claim. What matters is establishing the causal link between the incident and the injury. Medical records documenting the onset of symptoms, neuroimaging results, and expert testimony about the mechanism of injury can all support a claim even when the injury was not identified at the emergency room immediately after the event.

How is a brain injury claim valued?

The value depends on the severity and permanency of the injury, the cost of past and future medical care, the impact on earning capacity, and the effect on the person’s daily life and relationships. Claims involving significant cognitive impairment, inability to return to work, or the need for long-term care typically carry substantially higher damages than injuries that resolve within a defined period. Expert testimony from neurologists, life care planners, and economists plays a central role in establishing that value.

What if the injury happened at a New York City construction site?

New York’s Labor Law provisions create specific and often favorable avenues for injured construction workers. Sections of the law impose liability on property owners and general contractors for certain types of injuries, regardless of whether those parties were directly negligent. These statutes have made New York one of the strongest states in the country for injured construction workers, and they apply to a wide range of scenarios involving falls and falling objects that commonly cause head trauma.

Will my case go to trial?

Most personal injury cases in New York resolve before trial, but brain injury cases require genuine litigation preparation. Defense counsel and insurance carriers in high-value cases are more likely to challenge liability and damages aggressively, and a readiness to try the case is often what produces a serious settlement offer. The decision about whether to accept a settlement or proceed to trial ultimately belongs to the client, informed by counsel’s assessment of the evidence and the realistic range of outcomes.

What if the person with the brain injury cannot advocate for themselves due to cognitive impairment?

This situation arises in severe traumatic brain injury cases. A family member or other appropriate individual may petition a court to be appointed as the injured person’s legal guardian or committee, which then allows that person to pursue litigation on behalf of the injured party. Courts in New York handle these appointments, and the process can run in parallel with the personal injury litigation.

Can a brain injury claim be filed if the injured person contributed to the accident?

New York follows a pure comparative negligence rule, which means a plaintiff can recover damages even if they were partially responsible for the accident. The recovery is reduced by their percentage of fault, but it is not eliminated. Someone found to be 30 percent responsible for the incident that caused their brain injury can still recover 70 percent of the total damages.

How does a brain injury affect a workers’ compensation claim compared to a personal injury claim?

If a brain injury occurs in the workplace, workers’ compensation is typically the first avenue for benefits covering medical treatment and lost wages. However, workers’ compensation does not pay for pain and suffering. If the injury was caused by a party other than the employer, such as a contractor, equipment manufacturer, or property owner, a separate third-party personal injury claim can be filed alongside the workers’ compensation claim. These parallel claims require careful coordination to avoid offsets that reduce the total recovery.

What role do neuropsychological evaluations play in a brain injury case?

Neuropsychological testing documents cognitive function in a standardized, measurable way, covering memory, processing speed, attention, executive function, and other domains. These evaluations create a detailed record of how the injury has affected the brain’s performance. Defense experts often conduct their own neuropsychological examinations, and the differences between the two sets of findings frequently become a central battleground at trial. Retaining a qualified neuropsychologist early and establishing a baseline can significantly strengthen the evidentiary foundation of the claim.

How long does a brain injury lawsuit take in New York?

The timeline depends on the complexity of the case, how aggressively the defense contests liability, and the court’s calendar. New York Supreme Court cases, which is where most serious personal injury claims are litigated, move through discovery, depositions, expert disclosure, and pre-trial motions over a period that often spans one to three years before reaching trial or resolution. More complex cases, or those involving significant disputes about causation and damages, can take longer. Clients should understand from the outset that thorough litigation of a catastrophic brain injury case is not a quick process, and that patience in building the case is often what produces a result that genuinely accounts for long-term needs.

Serving Head and Brain Injury Clients Across New York City and Beyond

Mark David Shirian P.C. represents clients who have suffered head and brain injuries throughout the five boroughs and the surrounding region. In Manhattan, that includes residents and workers in Midtown, the Financial District, Harlem, Washington Heights, the Upper East and West Sides, Chelsea, and Tribeca. In Brooklyn, the firm serves clients in areas including Downtown Brooklyn, Flatbush, Bed-Stuy, Park Slope, Crown Heights, Williamsburg, Greenpoint, and Canarsie. Queens clients come from neighborhoods including Flushing, Jamaica, Astoria, Jackson Heights, Forest Hills, and Woodside. Bronx clients include those from Fordham, the South Bronx, Riverdale, Pelham Bay, and Co-op City. Staten Island residents across St. George, New Dorp, and Tottenville also have access to the firm’s representation.

Beyond the city itself, the firm extends its representation to clients throughout New York State, including those in Nassau County communities like Hempstead, Valley Stream, and Garden City, as well as Suffolk County, Westchester County municipalities including Yonkers and White Plains, Rockland County, and other areas across the state where New York law governs serious injury claims. Whether the incident happened on the BQE, a Manhattan job site, a Brooklyn commercial property, or a road in Westchester County, the legal framework and the firm’s commitment to the client’s full recovery remain the same.

Contact a New York City Brain Injury Attorney at Mark David Shirian P.C.

Head and brain injuries are among the most serious harms a person can sustain, and the claims that follow them require attorneys who understand both the medical complexity and the full scope of what the injured person stands to lose. A New York City brain injury attorney at Mark David Shirian P.C. is prepared to evaluate your case, explain your legal options, and pursue the compensation that reflects what you and your family are actually facing. The initial case evaluation is confidential. Call to schedule yours today.