Traumatic Brain Injury Lawyer New York, NY

A traumatic brain injury changes everything — your health, your livelihood, and your family’s future can shift in an instant. In New York, the legal path to fair compensation hinges on understanding the specific statutes and court procedures that apply to injury claims in New York County and throughout the state. At Law Offices Of SRIS, P.C., founded in 1997, Mr. Sris and his Of Counsel concentrate on representing clients with serious injury claims, guiding them through the process from initial investigation to resolution. The firm is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and serves clients in all five boroughs and beyond. To request a consultation about a traumatic brain injury matter, call (888) 437-7747.
Law Offices Of SRIS, P.C. — Advocacy Without Borders.

What Traumatic Brain Injury Means in New York, NY

A traumatic brain injury (TBI) occurs when a blow, jolt, or penetrating head injury disrupts normal brain function. In New York, injury cases involving TBIs are litigated in the New York Supreme Court — the trial court of general jurisdiction — such as the New York County Supreme Court at 60 Centre Street. Unlike some states that cap damages, New York law places no ceiling on compensatory damages in personal injury cases. However, recovery in a TBI lawsuit depends on establishing liability, proving the full scope of harm, and navigating New York’s comparative fault framework.

Under New York’s pure comparative fault rule (CPLR Article 14-A), a plaintiff’s recovery is reduced by their percentage of fault — but even a plaintiff who is 99% at fault can still recover 1% of the damages. For TBI claims arising from motor vehicle accidents, an additional hurdle applies: the plaintiff must meet the “serious injury” threshold defined in New York Insurance Law § 5102 to pursue non-economic damages such as pain and suffering. The types of damages recoverable in a TBI case include past and future medical expenses, lost wages, loss of earning capacity, rehabilitation costs, and pain and suffering. Because brain injuries often require long-term or lifelong care, the value of a claim can be substantial. A prompt and thorough investigation is necessary to secure evidence of liability and the extent of the injury.

How Mr. Sris and His Of Counsel Handle Traumatic Brain Injury Cases

Each traumatic brain injury matter receives careful attention from Mr. Sris and his Of Counsel team. The process begins with a detailed review of the incident — whether it was a motor vehicle crash, a slip and fall, an assault, or another cause — to identify all potentially responsible parties and sources of compensation, including applicable insurance coverage. The firm works with medical professionals, life care planners, and economic attorneys to build a comprehensive picture of the client’s current and future needs. In New York Supreme Court, a personal injury action is commenced by filing a complaint, after which discovery may include depositions, document requests, and expert reports.

Mr. Sris brings over two decades of experience to the strategic decisions that shape a TBI case. His prior work as a prosecutor provides insight into how evidence is tested, and that perspective is applied to preparing a strong presentation for trial or negotiation. The team is prepared to proceed to trial before a judge or jury in New York County Supreme Court or any other trial court in the state. While no outcome can be past results do not guarantee a similar outcome, Mr. Sris and his Of Counsel focus on building the evidence necessary to work toward a favorable resolution. The firm accepts personal injury cases on a contingency-fee basis, so a client does not pay attorney fees unless there is a recovery.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he understands how evidence is evaluated from both sides of a case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have secured 4,739+ documented firm-wide results. Results may vary.

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Frequently Asked Questions

What is a traumatic brain injury?

A traumatic brain injury (TBI) is caused by an external force — a blow, a fall, or a violent shaking — that disrupts the normal function of the brain. The effects range from mild concussions to permanent cognitive or physical impairment. Common causes in New York City include car accidents, construction mishaps, and slips and falls. Because brain injuries can be invisible on the surface, prompt medical evaluation after any significant head impact is essential to document the injury and start appropriate treatment.

How long do I have to file a traumatic brain injury lawsuit in New York?

New York’s statute of limitations for personal injury is three years from the date of the injury (N.Y. C.P.L.R. § 214(5)). That means a lawsuit must be filed within three years or the claim is time-barred. If the TBI was the result of medical malpractice, a shorter 2½-year limit may apply (N.Y. C.P.L.R. § 214-a). Claims against a municipality, such as a city bus or a government-owned building, require a notice of claim to be filed within 90 days. Because these deadlines are strict, it is wise to consult an attorney as early as possible.

What damages can I recover in a New York TBI case?

In a successful traumatic brain injury claim, you may recover compensation for medical expenses, rehabilitation, lost wages, diminished future earning capacity, and pain and suffering. New York does not cap compensatory damages in personal injury cases. The amount recoverable depends on the severity of the injury, the economic losses incurred, and the degree to which the injury affects your life. For motor vehicle accident cases, non-economic damages such as pain and suffering are recoverable only if the injury qualifies as a “serious injury” under New York Insurance Law § 5102.

How does New York’s pure comparative fault rule affect a TBI claim?

New York follows a pure comparative fault system (CPLR Article 14-A). If you are found partially at fault for the accident that caused your brain injury, your compensation is reduced by your percentage of fault. For example, if you were 25% at fault and the total damages were $1 million, your recovery would be $750,000. Even if the injured person was more than 50% at fault, they can still recover the portion of damages allocated to the other responsible party. An experienced attorney can help develop evidence to minimize any finding of fault by the injured party.

Do I need a lawyer for a traumatic brain injury claim in New York?

While no law requires you to have a lawyer, TBI cases involve complex medical evidence, liability disputes, and insurance company tactics that can make handling a claim on your own difficult. Insurers often minimize brain injury claims, questioning the causation and severity of symptoms. An attorney who practices in personal injury law can gather the necessary medical records, retain attorneys, and negotiate with the insurance company to work toward a fair resolution. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I do after suffering a head injury in New York City?

Seek medical attention immediately, even if you feel fine — symptoms of a brain injury can be delayed. Follow all treatment recommendations and keep detailed records of doctor visits, therapy, and any missed work. Do not give a recorded statement to an insurance adjuster without first consulting an attorney. If possible, preserve any evidence from the accident scene, such as photos, witness contact information, and the clothing or helmet you were wearing. Then reach Mr. Sris and his Of Counsel at (888) 437-7747 to request a consultation about your legal options.

How long does a traumatic brain injury case take to resolve in New York?

The timeline for a TBI case varies depending on the complexity of the injury, the number of parties involved, and the court’s calendar. Some cases settle within months, particularly where liability is clear and damages are well documented. Others, especially those that go to trial in New York Supreme Court, may take a year or more. Mr. Sris and his Of Counsel work to move each case forward efficiently while ensuring that the full extent of the injury is understood before any settlement is considered.

What if my traumatic brain injury was caused by a car accident?

If the TBI resulted from a motor vehicle accident, New York’s no-fault insurance system covers initial medical expenses and lost wages regardless of fault, up to the policy limit. To pursue additional compensation — including pain and suffering — the injury must meet the “serious injury” threshold under Insurance Law § 5102. A brain injury that causes significant cognitive impairment or permanent disability is likely to qualify. An attorney can help you document the injury and pursue a claim against the at-fault driver’s insurance beyond the no-fault benefits.

Last reviewed: May 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.