Brain Injury Attorney in Manhattan, NY

In Manhattan you are not short of attorneys who advertise brain injury work. What separates them is whether they treat the case as a medical proof problem from the first week, or as an ordinary injury claim that happens to involve a head.

The defense position in these cases is predictable: the imaging is normal, the symptoms are subjective, and the plaintiff is exaggerating. Overcoming it requires evidence assembled deliberately:

• Neuropsychological testing by a qualified examiner, measuring memory, attention, processing speed and executive function, with validity testing that anticipates the malingering argument
• Advanced imaging where clinically indicated
• Continuous treatment records from neurology, neuropsychology and rehabilitation medicine
• Before-and-after proof — performance reviews, billable hours, academic records, testimony from colleagues who noticed the change
• Vocational and economic experts to quantify lost earning capacity, which in Manhattan is often the largest element of damages

The legal framework:

• Serious injury threshold, Insurance Law § 5102(d), in motor vehicle cases.
• No-fault benefits of $50,000, with the NF-2 due within 30 days.
• Three years to sue (CPLR 214); two years for wrongful death; two and a half years for medical malpractice (CPLR 214-a).
• Against the City, the MTA, New York City Transit or H+H: a 90-day notice of claim, a § 50-h hearing, and suit within one year and 90 days.
• Pure comparative negligence under CPLR 1411.

Cases are filed in Supreme Court, New York County, 60 Centre Street. General information, not legal advice.

The same as anywhere else in New York: contingency, no upfront cost, no hourly billing. One-third of the net recovery is the customary arrangement in New York personal injury matters. Medical malpractice follows the sliding scale in Judiciary Law § 474-a, from 30% of the first $250,000 down to 10% above $1,250,000.

Where the money actually goes:

• Case expenses — neuropsychological evaluations, neurology and physiatry reports, life care planning, vocational and economic experts, accident reconstruction, transcripts, trial exhibits
• Whether those expenses are deducted before or after the fee is computed
• Liens to no-fault, health insurance, Medicare, Medicaid or workers' compensation
• The insurance available, including excess and umbrella layers on commercial defendants
• CPLR Article 50-B, which governs how future damages awarded at trial are structured and paid

Where capacity is affected, guardianship or a special needs trust should be considered before a settlement is finalized, so that public benefits are not lost. Our consultation and referral are free.

Because the value of these cases is concentrated in future earning capacity and future care — and both require experts retained early by an attorney who has built that record before.

• 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 New York County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network raise the same practical point in every brain injury case: get the neuropsychological evaluation scheduled early, while the deficits are measurable and the treatment record is still being created. Testing done for the first time on the eve of trial invites the argument that it was created for litigation.

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.