Brain Injury Attorney in Bronx, NY

A brain injury case is defended differently from any other injury case, and the reason is simple: the injury is frequently invisible on the images. A CT scan taken in the emergency room can be read as normal while the person who was injured cannot hold a conversation, tolerate noise, or return to the job they held for fifteen years.

That is why the choice of attorney turns on how they intend to prove the injury, not on how sympathetic the story is. The proof usually comes from:

• Neuropsychological testing by a qualified neuropsychologist, measuring memory, processing speed, attention and executive function against expected baselines
• Advanced imaging where clinically indicated, which can show damage that conventional CT does not
• Before-and-after evidence — employment records, school records, and testimony from people who knew the person before the injury
• Treating neurologists and physiatrists, documenting symptoms consistently over time

The New York framework:

• In a motor vehicle case you must satisfy the serious injury threshold in Insurance Law § 5102(d). Cognitive deficits are typically presented under permanent consequential limitation or significant limitation of use of a body function or system, which makes the objective testing central.
• No-fault pays $50,000 in medical and wage benefits, with the NF-2 due within 30 days.
• Three years to sue (CPLR 214), two years for wrongful death, and a 90-day notice of claim with suit in one year and 90 days against the City, NYCHA or a public authority.
• Pure comparative negligence under CPLR 1411.

Cases are filed in Supreme Court, Bronx County, 851 Grand Concourse. General information, not legal advice.

Nothing upfront and nothing hourly. New York injury attorneys work on contingency — a percentage of the recovery, nothing if there is no recovery. One-third of the net recovery is the customary arrangement in New York personal injury matters. Medical malpractice follows the separate sliding scale in Judiciary Law § 474-a.

Brain injury cases carry heavier expenses than most, and the retainer's expense clause matters:

• Neuropsychological evaluation, often repeated to show whether deficits are permanent
• Neurologists, physiatrists and vocational experts
• Life care planning and economic analysis where the injury prevents a return to work
• Deposition transcripts, records, filing fees

Confirm whether those costs are deducted before or after the fee is calculated. Then account for liens — no-fault, health insurance, Medicare, Medicaid, workers' compensation — and, where future damages are awarded at trial, the structured judgment rules of CPLR Article 50-B.

Where the injured person's capacity is affected, a guardianship or a special needs trust may be appropriate to protect eligibility for public benefits. Raise it early. Our consultation and referral cost nothing.

Because the defense in these cases is not that the accident did not happen — it is that the injury is exaggerated. Meeting that argument takes objective testing and an attorney who builds the case around it.

• Free consultation; the referral costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years matching injured people with attorneys across New York and New Jersey.
• Local case experience in Bronx County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network make the same recommendation to every family: keep a written daily record of symptoms — headaches, sleep, irritability, lost words, missed work — starting immediately. Contemporaneous notes carry weight that recollection at a deposition two years later does not.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.