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Brain Injury
NY Personal Injury Lawyer

New York Traumatic Brain Injury Lawyer

It can seem like the whole world stops when you sustain a traumatic brain injury (TBI) in New York. While everyone around you goes on with their daily lives, you struggle to do the simplest things such as communicate, attend to your grooming, or keep up with your bills.

Our Personal Injury Attorneys Fight for Brain Injury Victims

The more severe the impact to your head and brain, the more likely you are to suffer from serious issues such as paralysis, memory loss, and mood disorders. Your TBI may even prevent you from working and keeping up with your financial responsibilities. O’Dwyer & Bernstien, LLP is a premier personal injury law firm serving concussion victims in New YorkCity, Staten Island, Brooklyn, Manhattan, Queens, Long Island, Bronx, and the surrounding communities. Whether your injury occurred due to a car accident, truck accidents, medical malpractice, or various other motor vehicle accidents, we invite you to request a free consultation with a brain injury attorney from our law firm. Let us fight for you, call today at212-571-7100.

With more than 100 years of experience to residents of the NYC metropolitan area, O’Dwyer & Bernstien, LLC continues to uphold the values of our founders who believed that all people deserve equal access to justice. Your brain injury lawyer will fight for your right to fair compensation from the party responsible for your injuries.

What is a Traumatic Brain Injury (TBI)?

According to the Centers for Disease Control (CDC), a TBI occurs when a person experiences any disruption in normal brain flow. Typically, the term concussion refers to less severe instances of TBI. However, a concussion can still cause significant issues in your life that may last for months or even years.

A head injury can happen in a variety of ways such as a blow directly to the head via falling, assault, an object striking you, or an object penetrating the skull. If something forcefully jostles your head in any way, it’s important to seek medical care as soon as possible. This is especially true if you plan to retain a personal injury lawyer as it provides written documentation of your case from the start.

Any person in the United States can suffer a traumatic brain injury at any time. They tend to be most common among athletes and those who suffer construction accidents. They can also happen during everyday activities such as completing home repairs. It’s also possible to acquire a brain injury due to near-drowning, oxygen deprivation at birth, or several other situations often caused by the negligence of others. Regardless of the severity of your brain damage or how it occurred, you have the right to work with a personal injury law firm to attempt to collect compensation from the responsible party.

Symptoms of a Traumatic Brain Injury

As any traumatic brain injury attorney will tell you, no two people who experience a disruption to brain functioning display precisely the same symptoms. Nevertheless, some symptoms are more universal than others.

Typical indications that someone has suffered brain damage include:

  • Thinking feels fuzzy and unfocused
  • Headache
  • Blurry vision
  • Fatigue
  • Irritability
  • Nausea and vomiting, especially shortly after the concussion
  • Dizziness
  • Anxiety
  • Depression
  • Insomnia
  • Difficulty concentrating
  • Balance problems
  • Sensitivity to light and sounds
  • Difficulty learning new information
  • Memory loss

“Unfortunately, the effects of TBI are often invisible to others, especially after auto accidents. People may frequently tell you that you look fine and that perhaps you’re overreacting to your traumatic brain injury symptoms. This attitude can even carry over to the insurance company representing the party that caused your head injury in the first place.”

Victor Greco, New York Personal Injury Lawyer, O’Dwyer & Bernstien

To protect the integrity of your case, it’s crucial to assemble a legal team from O’Dwyer & Bernstien as soon as possible after your injury. We take the attorney-client relationship seriously and will use all resources at our disposal to prove that your injury happened as you said it did and that you deserve fair financial compensation for each of your symptoms. This is true whether your symptoms are visible to others or not. Keep in mind that you don’t need to experience loss of consciousness to have severe problems after a TBI.

What to Expect When You Work with a TBI – Traumatic Brain Injury Lawyer

The first thing we want you to know is that our New York law office has empathy for your situation. We understand that you may be trying to work and pay medical bills while also attending physical therapy and completing other therapies to help you recover. If you’re unable to work due to the severity of your brain injury, you may be dealing with significant anxiety just wondering how to get by on a daily basis. You could even be dealing with the loss of a loved one due to a wrongful death brain injury case. We advise all accident victims to seek medical treatment in a trusted New York State accredited hospital.

After you meet with us for a free case evaluation and decide to retain our services, your personal injury attorney will first request a copy of your medical records. You are well within your legal rights to request copies for yourself and to share them with whomever you wish. Your lawyer will also interview witnesses to your accident, medical malpractice, or assault to gain a better understanding of how the incident occurred and how it affects you today. This aspect of your lawsuit, called the discovery phase, usually takes the longest.

We are ready to move forward to present your lawsuit to the other party once we have gathered adequate information about your injury. Typically, we connect with the insurance company for the defendant first to attempt to procure a settlement for your life-changing brain injury. If the insurance provider offers a low settlement or denies the responsibility of his or her client altogether, we are prepared to aggressively represent your interests in the New York court closest to you. You may receive some or all of the following with a successful personal injury lawsuit:

  • Payment for medical expenses, including past and future costs
  • Payment for lost wages, including the difference in salary if you must accept a part-time job or transition to a less challenging full-time position to accommodate the limitations imposed by your brain injury
  • Funeral and burial costs in the event of the wrongful death of a loved one
  • Physical and emotional pain and suffering

These are just four examples of common types of compensation awarded in personal injury cases. In these examples, the category of pain and suffering is completely subjective. Unlike lost wages or medical costs that represent a straightforward dollar amount, the amount you receive for pain and suffering and other subjective damages depends highly on jury sympathy.

“Our legal team will present your case in such a way that there’s no doubt in their minds you deserve everything we’re asking for on your behalf.”

Victor Greco, New York Personal Injury Lawyer, O’Dwyer & Bernstien


While financial compensation can’t remove your post-concussion difficulties, it can at least provide you with a decent standard of living as you focus on getting better each day.

Request a Free Case Evaluation From A New York Brain Injury Lawyer Today

After experiencing something as stressful as a brain injury, you shouldn't have to worry about how you're going to pay your bills and feed your family. We invite you to O'Dwyer & Bernstien today for a free review of your TBI. Out attorneys will provide the legal advice you need to learn more about the process of filing a personal injury lawsuit.

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