Helping Victims of Traumatic Brain Injuries Across Nassau and Suffolk County
A traumatic brain injury can change a person’s life in an instant. What may begin as a blow to the head during a car crash, fall, or construction accident can lead to lasting problems with memory, concentration, mood, and physical functioning. Many victims require extensive medical treatment, rehabilitation, and long-term care.
If you or a family member suffered a brain injury because of someone else’s negligence, you may have the right to pursue compensation. Speaking with a Long Island personal injury attorney early is important, as these cases often involve complex medical evidence and significant financial consequences.
At Palermo Law, our Long Island brain injury lawyers represent injured individuals and families throughout Nassau County and Suffolk County. We investigate the cause of the accident, work with medical experts to understand the full extent of the injury, and pursue compensation for the long-term impact these injuries can have on a person’s life.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. According to the Centers for Disease Control and Prevention’s overview of traumatic brain injuries, this type of injury can occur when the head strikes an object, when an object penetrates the skull, or when sudden acceleration or deceleration causes the brain to move violently inside the skull.
Brain injuries vary widely in severity. Some individuals experience mild traumatic brain injuries, often referred to as concussions. Others suffer moderate or severe brain trauma that can lead to permanent cognitive or neurological impairment.
Even injuries initially described as “mild” can produce serious symptoms. Headaches, memory problems, dizziness, and difficulty concentrating may persist for months or longer. In more severe cases, brain injuries can affect speech, motor function, long term memory, personality, and the ability to work or live independently.
Because brain injuries are not always immediately visible, victims may not realize the seriousness of their condition until days or weeks after the accident.
Common Causes of Brain Injuries on Long Island
Traumatic brain injuries frequently occur in accidents caused by negligence. These incidents often happen on busy Long Island roadways, construction sites, or unsafe properties.
Some of the most common causes of brain injuries include:
| 1 | Falls
Slip and fall accidents, falls from heights, and construction site falls all generate significant legal liability when negligence is involved. |
| 2 | Motor Vehicle Accidents
Car, truck, and motorcycle collisions. High-speed impacts, rollovers, and rear-end collisions all create rotational forces that shear brain tissue. |
| 3 | Being Struck by an Object
Falling objects on construction sites, workplace equipment malfunctions, and assaults. Employers and property owners may bear liability for failing to maintain safe conditions. |
| 4 | Pedestrian & Bicycle Accidents
Pedestrians and cyclists struck by vehicles sustain some of the most severe brain injuries due to the absence of protective barriers. Drivers who fail to yield bear direct liability. |
| 5 | Construction Accidents
Falls from scaffolding, being struck by equipment, and structural collapses. New York Labor Law §240 provides special protections for workers injured in elevation-related accidents. |
| 6 | Medical Malpractice
Surgical errors, anesthesia mistakes, delayed treatment of stroke or infection, and birth injuries can all cause hypoxic or traumatic brain damage through a provider’s negligence. |
| 7 | Sports & Recreational Injuries
Contact sports, helmet failures, and inadequate supervision at recreational facilities. Liability may fall on equipment manufacturers, coaches, or facility operators. |
| 8 | Assault & Violent Crime
Physical assaults, domestic violence, and intentional acts can give rise to both criminal charges and civil claims against the attacker or third parties who failed to provide adequate security. |
These types of accidents frequently involve multiple sources of evidence, including accident reports, witness testimony, surveillance footage, and medical evaluations. The cause of a brain injury determines who can be held liable. A fall on someone’s property may involve premises liability. A car accident targets the at-fault driver and their insurer. A construction accident may implicate a general contractor under New York Labor Law.
Evidence Begins at the Scene
Securing evidence early is critical. Surveillance footage, accident reports, medical records, and witness statements begin to disappear quickly. An attorney should be retained as soon as possible after a brain injury to preserve the right to recovery.
Symptoms of a Traumatic Brain Injury
Brain injury symptoms can vary widely depending on the severity of the trauma and the areas of the brain affected. In some cases, symptoms appear immediately. In others, they may develop gradually over time.
Common symptoms of traumatic brain injuries include:
- persistent headaches
- dizziness or balance problems
- confusion or disorientation
- memory loss
- difficulty concentrating
- sensitivity to light or noise
- nausea or vomiting
- mood or personality changes
- fatigue or sleep disturbances
Because these symptoms may not appear right away, it is important to seek medical evaluation after any accident involving a blow to the head. Early diagnosis can be critical both for treatment and for documenting the injury.
Long-Term Effects of Brain Injuries
Traumatic brain injuries can have lasting consequences that extend well beyond the initial accident. Some individuals recover fully, but others experience ongoing cognitive, emotional, and physical challenges.
Long-term effects may include:
- chronic headaches or migraines
- memory and concentration problems
- speech or communication difficulties
- emotional instability or mood disorders
- impaired judgment or decision-making
- loss of coordination or motor function
- difficulty returning to work
Severe brain injuries may require extensive rehabilitation, neurological treatment, and long-term medical care. In some cases, individuals require assistance with everyday activities or ongoing supervision.
Because the effects of a brain injury may evolve over time, evaluating the full impact of the injury often requires consultation with neurologists, neuropsychologists, and other medical specialists.
Types of Brain Injuries
Understanding the medical classification of traumatic and acquired brain injuries is essential to building a strong legal case.
Traumatic Brain Injuries (TBI)
- Concussion The most common TBI, caused by a blow or jolt to the head. Symptoms include headache, confusion, dizziness, and memory gaps. Often temporary but repeated concussions can cause lasting damage.
Mild TBI. - Contusion A bruise on brain tissue caused by direct impact. Can cause bleeding, swelling, and localized neurological deficits. May require surgical intervention if swelling is significant.
Moderate TBI. - Diffuse Axonal Injury Widespread tearing of nerve fibers caused by rotational forces. One of the most serious forms of TBI, often resulting in coma, permanent disability, or death.
Severe TBI. - Intracranial Hemorrhage Bleeding within or around the brain, including epidural, subdural, subarachnoid, and intracerebral hemorrhage. Requires emergency medical treatment to prevent permanent damage.
Severe TBI. - Penetrating Injury An object pierces the skull and enters brain tissue. Causes focal damage along the path of penetration and carries high risk of infection, seizure, and death.
Severe TBI. - Coup-Contrecoup Damage at both the site of impact and the opposite side of the brain, as the brain rebounds inside the skull. Common in high-speed collisions and falls.
Moderate–Severe.
Acquired Brain Injuries (ABI)
- Hypoxic Brain Injury Caused by reduced oxygen supply to the brain. Can result from near-drowning, cardiac arrest, or anesthesia errors. Brain cells begin to die within minutes of oxygen deprivation.
Severe. - Anoxic Brain Injury Complete oxygen deprivation to the brain. More severe than hypoxic injury and often results in permanent cognitive, physical, and behavioral impairments.
Severe.
Classified by Severity
- Mild TBI Brief loss of consciousness under 30 minutes, post-traumatic amnesia under 24 hours. Symptoms may persist for weeks. Often underdiagnosed and undervalued in legal claims.
GCS Score 13–15. - Moderate TBI Loss of consciousness from 30 minutes to 24 hours. Post-traumatic amnesia lasting 1–7 days. Likely to result in lasting physical, cognitive, or behavioral changes.
GCS Score 9–12. - Severe TBI Loss of consciousness exceeding 24 hours. Associated with long-term or permanent disability. Requires intensive rehabilitation and long-term care planning in any legal recovery.
GCS Score 3–8.
How Brain Injury Claims Are Proven
Proving that a brain injury is permanent requires a methodical approach combining medical evidence, expert testimony, and documented life impact. Here is how our attorneys build that case.
| 1 | Accident Scene Investigation
Before medical evidence, we establish how the injury occurred. Police and accident reports, surveillance footage, dash-camera recordings, and witness statements document the cause of the injury and fix liability. This evidence can disappear quickly — footage is overwritten, witnesses become hard to locate, and scenes are altered. |
| 2 | Obtain Complete Medical Records
We gather every record from the date of injury forward — emergency department notes, imaging studies, hospital admission records, and discharge summaries. The chain of medical documentation must be unbroken from the moment of injury to prove causation and continuity of harm. |
| 3 | Advanced Neuroimaging Analysis
Standard CT scans often miss diffuse axonal injury and subtle structural damage. We work with radiologists and neurologists to obtain advanced imaging including fMRI, DTI (diffusion tensor imaging), and PET scans that reveal damage invisible on routine studies — and that opposing counsel cannot easily dismiss. |
| 4 | Neuropsychological Testing
A neuropsychologist administers standardized battery tests to objectively measure cognitive deficits — memory, processing speed, executive function, and attention. These test results create a baseline and quantify impairment in a form courts and juries can understand. Repeat testing over time demonstrates permanence. |
| 5 | Retained Medical Experts
We retain board-certified neurologists, neurosurgeons, and physiatrists who review the full medical record and provide written opinions on diagnosis, prognosis, and permanency. An expert who can testify that the injury is permanent — and explain why — is often the centerpiece of the damages case. |
| 6 | Life Care Planning & Economic Analysis
A certified life care planner documents the full scope of future medical needs: therapies, medications, home care, assistive devices, and facility costs over a lifetime. An economist converts those needs into a present-value damages figure that captures the true financial impact of permanent injury — often millions of dollars. |
| 7 | Documenting Life Impact
Medical records alone do not tell the full story. We gather witness statements from family, friends, and coworkers who can describe the before-and-after change in the person’s life. Day-in-the-life video, journals, and employment records all corroborate the human impact of the injury — and drive non-economic damages including pain and suffering. |
Brain injury cases require careful investigation and detailed medical analysis. Insurance companies often challenge these claims because symptoms may not be immediately visible on standard imaging tests. In many brain injury cases, expert medical analysis is necessary to explain how the injury occurred and how it affects the victim’s daily life, employment, and long-term prognosis.
Why It Matters
Permanency Drives Value
Insurance companies will argue that symptoms resolved and that no permanent injury exists. Without clear medical evidence of permanency, non-economic damages are unavailable and future medical needs go uncompensated. Building the permanency case from day one is how we maximize recovery for our clients.
Compensation Available for Brain Injury Victims
A traumatic brain injury can lead to significant financial and personal consequences. Victims may face extensive medical treatment, lost income, and long-term limitations that affect their ability to work or care for themselves.
Compensation in a brain injury case may include damages for:
- medical expenses
- neurological treatment and rehabilitation
- lost wages
- reduced earning capacity
- long-term care needs
- pain and suffering
- emotional distress
- diminished quality of life
Every case is different, and the value of a claim depends on factors such as the severity of the injury, the extent of medical treatment required, and the long-term impact on the victim’s life.
Under New York law, most personal injury claims must be filed within three years of the accident. This deadline is established by New York Civil Practice Law and Rules §214, which governs the statute of limitations for negligence cases. Claims involving government entities may involve shorter deadlines and additional notice requirements.
Speak With a Long Island Brain Injury Attorney
If you or a loved one suffered a traumatic brain injury because of someone else’s negligence, obtaining experienced legal guidance can help protect your rights and secure the compensation you may need moving forward.
Palermo Law represents brain injury victims throughout Long Island. If you need a Nassau County personal injury attorney or a Suffolk County personal injury attorney, our nine offices across the region mean experienced legal help is always close to home.
Our firm serves clients across Long Island. Whether you need a Huntington personal injury attorney, a Babylon personal injury attorney, a Patchogue personal injury lawyer, a Riverhead personal injury lawyer, an East Hampton personal injury attorney, a Mineola personal injury attorney, or a Hauppauge personal injury attorney, our attorneys are available to discuss your case and explain your legal options.
Consultations are free, and we handle personal injury cases on a contingency fee basis. That means you pay nothing unless we obtain a recovery for you.