Traumatic Brain Injury Lawyer Yonkers NY — What Are Your Rights After a Head Injury?
A traumatic brain injury (TBI) can change your life after a car accident, slip and fall, or other incident in Yonkers. Under New York law, you have the right to seek compensation for medical bills, lost wages, and long-term care. The Law Offices Of SRIS, P.C. provides focused legal support for TBI cases in Westchester County.
Understanding Traumatic Brain Injury Law in New York
A traumatic brain injury is defined as a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or a penetrating head injury. In New York, personal injury law, including cases involving TBI, is governed by statutes like the Civil Practice Law and Rules (CPLR). These laws set the procedures and deadlines for filing a lawsuit to recover damages.
Last verified: April 2026 | Yonkers City Court | New York State Legislature
The legal team at SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, understands the significant impact a TBI can have. We approach these sensitive cases with the detailed attention they require, drawing on our firm’s extensive litigation experience.
Official Legal Resources
For the official text of New York’s civil procedure laws, refer to the New York State Civil Practice Law & Rules. Information on the local court where a case might be filed is available at the Yonkers City Court website.
handling a TBI Case in Yonkers
Successfully pursuing a traumatic brain injury claim requires immediate and thorough action. The first priority is always medical care. From a legal standpoint, evidence collection is critical. This includes securing police reports, witness statements, and all medical records detailing the injury and its prognosis. An experienced Traumatic Brain Injury Attorney Yonkers NY can coordinate with medical experts to establish the direct link between the accident and the brain injury, which is essential for proving liability and damages.
- Seek Immediate Medical Attention: Your health is the priority. A medical record created at the time of the injury is vital evidence.
- Preserve All Evidence: Take photos of the accident scene, your injuries, and any property damage. Keep a journal of your symptoms and recovery challenges.
- Consult a Lawyer Before Speaking to Insurers: Do not give a recorded statement to the at-fault party’s insurance company without legal advice.
- Undergo a full Medical Evaluation: Your attorney will help you get evaluated by neurologists or other specialists who can document the full extent of your TBI.
- Allow Your Attorney to Handle Negotiations: A skilled lawyer will calculate all current and future damages and negotiate with the insurance company for a full settlement.
- Prepare for Litigation if Necessary: If a fair settlement cannot be reached, your attorney will file a lawsuit and prepare your case for trial.
Potential Compensation in a Yonkers TBI Case
In Yonkers, a traumatic brain injury claim can seek compensation for extensive economic and non-economic damages resulting from the accident.
| Damage Type | Examples |
|---|---|
| Economic Damages | Emergency room bills, surgery costs, rehabilitation therapy, lost income, future lost earning capacity, cost of in-home care. |
| Non-Economic Damages | Pain and suffering, emotional distress, loss of enjoyment of life, cognitive impairment, personality changes. |
| Other | In cases of extreme negligence, punitive damages may be available to punish the wrongdoer. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your TBI Case
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a traumatic brain injury is not just a legal file—it’s a life-altering event for you and your family. Our approach combines diligent investigation with compassionate client care. Mr. Sris, our managing attorney and a former prosecutor, ensures our team is prepared to handle complex injury litigation.
Case Results and Client Advocacy
Our firm-wide commitment to client advocacy is reflected in our results. We have successfully resolved numerous personal injury claims, including those involving head trauma. For instance, our team has secured settlements that cover lifelong medical care for clients with severe TBIs. Results may vary. Prior results do not aim for a similar outcome.
Local Legal Support for Yonkers Residents
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 250-9835
By appointment only.
Our New York location supports clients throughout the state, including Yonkers in Westchester County. We offer 24/7 phone consultations at (888) 437-7747, with meetings available by appointment. If you need a dedicated Traumatic Brain Injury Law Firm Yonkers NY, we are accessible and ready to discuss your situation.
Frequently Asked Questions: Traumatic Brain Injury Claims
What is the statute of limitations for a TBI lawsuit in New York?
Three years. In New York, you generally have three years from the date of the accident to file a personal injury lawsuit for a traumatic brain injury. Missing this deadline can forever bar your claim.
How do you prove a traumatic brain injury in court?
It depends. Proof typically requires medical experienced testimony. Neurologists, neuropsychologists, and radiologists can explain MRI/CT scans, cognitive test results, and how the injury directly results from the accident, countering defense arguments that symptoms are pre-existing or psychological.
Can I get compensation if I was partially at fault for the accident?
Yes. New York follows a pure comparative negligence rule. Your compensation is reduced by your percentage of fault. If you are 30% at fault, you can still recover 70% of your damages.
What if my TBI symptoms appear days or weeks after the accident?
This is common with concussions and other TBIs. It is crucial to see a doctor as soon as symptoms arise and to inform them of the recent accident. Delayed treatment can complicate both your health and your legal claim.
What types of accidents most commonly cause TBI?
Motor vehicle accidents (cars, trucks, motorcycles), slip and falls, construction accidents, and assaults are skilled causes. Any incident involving a sudden impact or violent jolt to the head or body can result in a brain injury.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.