Queens Concussion Lawyer

A concussion is not a minor inconvenience that resolves itself in a week. For many people injured in accidents across Queens, what begins as headaches and light sensitivity evolves into months of cognitive disruption, memory problems, mood disturbances, and an inability to return to work or normal life. The medical community now recognizes that traumatic brain injuries exist on a spectrum, and concussions, even those initially described as “mild,” can produce lasting neurological consequences. If someone else’s negligence caused your injury, the legal system provides a path to compensation, but that path requires evidence, persistence, and a clear understanding of how these cases are actually built. A Queens concussion lawyer at Mark David Shirian P.C. can assess your situation and help you understand what your claim may be worth.

Queens generates concussion cases through car collisions on the Van Wyck Expressway and the Grand Central Parkway, slip-and-fall accidents in the borough’s commercial corridors, construction site incidents in areas like Long Island City and Jamaica, and incidents on the MTA’s subway and bus lines. What connects these situations is a common problem: the injury is invisible. There is no cast to point to, no visible wound. Insurance adjusters frequently minimize concussion claims, and defendants routinely argue that any ongoing symptoms are exaggerated or unrelated to the accident. Successfully litigating a concussion case means anticipating those arguments and building a record that withstands them.

The legal window to file a personal injury lawsuit in New York is generally three years from the date of the injury. That deadline may seem distant, but the time to act is not. Medical records, surveillance footage, witness statements, and accident scene evidence are all time-sensitive. An attorney who begins working on your case early can preserve the evidence that later becomes the foundation of your damages claim.

What Concussion Cases in Queens Actually Look Like

• Motor vehicle accidents: Collisions on Queens’ dense road network, including the Belt Parkway, Northern Boulevard, and Jamaica Avenue intersections, generate a disproportionate share of traumatic brain injury cases. Even low-speed impacts can cause the brain to shift inside the skull, producing concussive injury without visible vehicle damage.
• Slip, trip, and fall incidents: Queens’ mix of aging commercial properties, outdoor markets, and high-foot-traffic retail areas creates ongoing premises liability exposure. Property owners who fail to maintain safe conditions, address wet floors, or repair uneven pavement can be held liable when a fall causes head trauma.
• Construction accidents: With substantial development activity in neighborhoods like Astoria, Flushing, and Jackson Heights, construction workers face risks from falling objects, unsecured scaffolding, and inadequate head protection. New York’s Labor Law provides specific protections for workers injured at elevation or by falling materials.
• Bicycle and pedestrian accidents: Queens has expanded its cycling infrastructure in recent years, but riders and pedestrians remain highly vulnerable to motorist negligence. A cyclist struck by a vehicle, or a pedestrian hit at a crosswalk, can sustain serious head trauma even when wearing a helmet.
• Sports and recreational incidents: Poorly maintained playing surfaces at public parks, inadequate supervision at sports facilities, and negligently designed recreational equipment can all give rise to concussion claims when an injury results from someone’s failure to provide reasonably safe conditions.
• MTA transit accidents: Sudden jerks, abrupt stops, and collisions involving subway trains or buses can cause passengers to strike their heads against interior surfaces. Claims against public authorities like the MTA involve special procedural requirements and shortened notice deadlines that differ significantly from standard civil suits.

Why Mark David Shirian P.C. Handles These Cases Differently

Founded in 2016 by Attorney Mark D. Shirian, the firm was built on a straightforward premise: people who have been wronged deserve representation that is assertive, dependable, and honest. That philosophy translates directly into how concussion and traumatic brain injury cases are handled. These are not claims that resolve through a single demand letter. They require careful medical documentation, often including neuropsychological testing, imaging interpretation, and expert opinions connecting the mechanism of injury to the symptoms the client actually experiences.

Attorneys Mark D. Shirian and Shawn D. Shirian work directly with clients throughout the process, providing the attentive communication that defines a boutique practice while drawing on the litigation experience the firm has built across millions recovered on behalf of New York clients. Client reviews consistently highlight that the firm fights hard, keeps clients informed, and pays close attention to the details that move cases forward. For concussion victims who may be dealing with cognitive difficulties, having counsel who explains what is happening and why matters as much as the legal strategy itself.

The firm represents clients across New York City and New York State, including throughout Queens, and handles personal injury matters from the initial case evaluation through resolution, whether through negotiated settlement or litigation. For someone navigating the aftermath of a brain injury, having a Queens concussion attorney who handles the legal complexity while they focus on recovery is not a luxury; it is a practical necessity.

After a Head Injury in Queens: What to Do Before You Lose Critical Evidence

Seek medical evaluation immediately, even if you initially feel fine. Concussion symptoms are notoriously delayed. Some people leave an accident scene feeling only mildly shaken, then develop debilitating symptoms within 24 to 72 hours. A prompt medical visit establishes the connection between the accident and the injury. Delayed treatment creates gaps that insurers will exploit. If you were evaluated at NewYork-Presbyterian Queens, Jamaica Hospital Medical Center, or Elmhurst Hospital Center, obtain those records and keep them organized. Follow-up care with a neurologist or concussion specialist should be documented consistently.

Report the incident through the appropriate channel. For a car accident, New York requires a police report when there is personal injury. The NYPD’s Queens precincts handle accident reports for incidents within the borough. For a transit incident, report it to the MTA and understand that a notice of claim against a public entity in New York must typically be filed within 90 days of the incident, a deadline that is significantly shorter than the general statute of limitations for personal injury claims. Missing this notice deadline can bar your entire claim. This is one of the most common and consequential mistakes Queens concussion victims make.

Preserve everything connected to the incident. Photograph the scene if you can. Do not discard clothing or gear from the day of the injury. If witnesses were present, collect their contact information before you leave. If the incident occurred at a business or on a property with security cameras, a preservation letter from an attorney can prevent that footage from being automatically overwritten, which many systems do within days. Once that footage is gone, it is gone.

Keep a symptom journal. Write down daily notes about headaches, difficulty concentrating, sleep disruptions, sensitivity to light and noise, mood changes, and any work or activity limitations. This kind of contemporaneous documentation carries significant weight when insurers argue that your symptoms are exaggerated or that they predate the accident.

The Gap Between Medical Recovery and Full Compensation

Most people injured in accidents focus initially on getting better. That is the right priority. But there is a parallel track that runs alongside medical recovery, and it directly affects the outcome of a legal claim. Concussion damages are not limited to medical bills. New York’s personal injury framework allows recovery for lost wages and reduced earning capacity, the cost of ongoing and future care including physical therapy and neuropsychological rehabilitation, pain and suffering, and the loss of activities and relationships that define a person’s life before the injury.

Calculating these damages in a concussion case requires more than adding up medical invoices. Future damages, particularly for people who experience post-concussion syndrome with symptoms that extend months or years beyond the accident, require expert testimony connecting the current and projected limitations to the original injury. This is where many pro se claimants or inadequately represented plaintiffs leave money on the table. Insurance companies make settlement offers based on what they believe they will have to pay if the case goes to trial. A thorough evidentiary record, supported by credible medical experts, is what moves that number in the right direction.

New York also applies a comparative negligence framework, meaning that even if a court finds you partially at fault for the incident, you can still recover damages reduced by your percentage of fault. An insurer may argue that a pedestrian who was using a phone was partly responsible for an accident, or that a driver failed to take evasive action. Understanding how that defense is likely to be raised and preparing to counter it is part of the legal analysis a Queens concussion attorney performs from the outset of the case.

Questions People Ask About Concussion Claims in Queens

How do I prove I have a concussion if the imaging came back normal?

Normal MRI and CT scan results do not rule out a concussion. Standard imaging frequently fails to detect the cellular and metabolic disruption that characterizes traumatic brain injury. Diagnosis typically relies on a clinical evaluation of symptoms, neuropsychological testing, and sometimes more specialized imaging protocols. A documented history of symptoms reported to physicians, combined with neuropsychological assessments, is often sufficient to support a legal claim even without visible imaging findings.

What is post-concussion syndrome and does it affect my claim?

Post-concussion syndrome refers to a constellation of symptoms, including persistent headaches, cognitive difficulties, dizziness, sleep disruption, and emotional changes, that continue beyond the expected recovery window. When symptoms last months or years, the damages in a legal claim expand correspondingly. Establishing post-concussion syndrome through consistent medical documentation and specialist evaluation strengthens the case for ongoing and future damages beyond immediate medical expenses.

The insurance company is saying my symptoms are not related to the accident. What can I do?

This is one of the most common tactics in concussion cases. The response involves building a strong medical causation record: documentation from the initial emergency visit, consistent follow-up records noting the progression of symptoms, and specialist opinions linking the mechanism of injury to the clinical presentation. If the insurer has a medical examiner who disputes causation, your attorney can retain independent medical experts to counter that position.

Can I still pursue a claim if my concussion happened during a workplace accident?

Yes, but the analysis depends on the circumstances. If you were injured on the job, New York workers’ compensation provides a no-fault system for medical and wage benefits. However, if a third party other than your employer caused or contributed to the accident, you may have a separate personal injury claim against that party. Construction sites in particular frequently involve multiple contractors, equipment manufacturers, and property owners whose potential liability exists independently of the workers’ compensation system.

What if the person who hit me does not have enough insurance to cover my damages?

New York requires drivers to carry uninsured and underinsured motorist coverage, which can provide a recovery avenue when the at-fault driver’s policy is insufficient. Additionally, if the accident involved a vehicle owned by a company or employer, that entity’s commercial insurance may be available. Exploring every potential source of recovery is part of how a thorough concussion claim is investigated from the beginning.

Can children who suffer concussions in Queens school accidents bring legal claims?

Yes. If a child is injured due to negligence at a school, on school transportation, or during a school-sponsored activity, a claim may be available against the responsible party. Claims against public schools in New York City involve the Department of Education and require notice of claim within 90 days. Private schools are subject to standard negligence principles. Because children are involved, the legal process also accounts for the specific developmental impacts that brain injuries can have on cognitive and emotional growth.

How long do concussion cases in Queens typically take to resolve?

There is no single answer, and anyone who provides a precise timeline without reviewing the specifics of a case is guessing. Factors include the complexity of the liability dispute, the severity and duration of symptoms, whether the case settles or proceeds to trial, and court scheduling. Queens County Supreme Court handles serious personal injury cases, and litigation timelines there can extend over a year or more. Simpler cases with clear liability and well-documented damages may resolve through negotiated settlement considerably faster.

What happens if I was partially at fault for the accident that caused my concussion?

New York follows a pure comparative negligence rule. This means you can recover compensation even if you were partially responsible for the accident, with your total recovery reduced by your share of the fault. For example, if your damages are determined to be substantial but a jury finds you 20 percent at fault, your award is reduced by that percentage. The insurer will almost certainly argue for some allocation of fault on your side; anticipating and responding to that argument is a key part of case preparation.

Should I give a recorded statement to the insurance company after a concussion?

Not before consulting with an attorney. Insurance adjusters are trained to gather information that limits the company’s exposure. Concussion symptoms can affect recall and articulation in ways that may not reflect the full extent of your injury when recorded shortly after an accident. You are generally not legally required to provide a recorded statement to the at-fault party’s insurer. Speak with an attorney first about what obligations you have and what risks a recorded statement creates.

Can I still bring a claim if my concussion symptoms did not appear until days after the accident?

Yes. Delayed symptom onset is a recognized feature of concussive injury and does not forfeit your legal rights. What matters is that the medical record connects the accident to the injury and that the timeline of symptom development is documented consistently. Courts and juries in New York are familiar with the delayed presentation of traumatic brain injury symptoms, and a well-documented record can address any gap between the date of the accident and the date of first medical contact.

Serving Concussion Injury Clients Throughout Queens and Beyond

Mark David Shirian P.C. represents concussion injury clients throughout Queens and the broader New York City region. From Astoria and Long Island City through Woodside, Sunnyside, and Jackson Heights, and across Elmhurst, Corona, and Flushing, the firm handles claims arising from accidents throughout the borough’s diverse communities. Clients in Jamaica, Richmond Hill, Ozone Park, Howard Beach, and the Rockaways receive the same attentive representation as those in Forest Hills, Rego Park, Kew Gardens, and Briarwood. The firm also extends its personal injury representation to clients in the Bronx, Brooklyn, Manhattan, and Staten Island, as well as to those in Nassau County, Suffolk County, and communities throughout New York State who have suffered concussions due to another party’s negligence. Wherever in New York the accident occurred, the legal framework for recovery is one the firm understands and navigates on behalf of injured clients.

Speak With a Queens Concussion Attorney About Your Case

The decisions made in the weeks following a concussion, what medical care you pursue, what you say to insurers, what evidence you preserve, shape what is possible later in a legal claim. A Queens concussion attorney at Mark David Shirian P.C. can evaluate the facts of your situation, explain your options, and take on the legal work so you can focus on your recovery. Attorneys Mark D. Shirian and Shawn D. Shirian represent injured New Yorkers with the assertive, honest advocacy the firm has built its reputation on. Contact Mark David Shirian P.C. today to schedule a confidential case evaluation.