Brain Injury Attorney in Nassau County, NY

Two things decide a brain injury case: whether the cognitive deficits are documented objectively, and whether the procedural clock was respected. In Nassau County both deserve attention in the first month.

On the proof. A normal CT scan does not mean there is no injury, and the defense will argue that it does. The evidence that answers it is built, not found:

• Neuropsychological testing, with repeat testing where permanence is in issue
• Advanced imaging where clinically indicated
• Consistent treating records from neurology, neuropsychology and rehabilitation
• Before-and-after witnesses describing specific, concrete changes
• Vocational and economic analysis where the injury ends or limits a career

On the clock. Against Nassau County, a town, a village, a school district or the county's police department, a notice of claim must be served within 90 days under General Municipal Law § 50-e, a § 50-h examination follows, and suit must begin within one year and 90 days. Against a private defendant the deadline is three years (CPLR 214), two years for wrongful death.

Also in play: the serious injury threshold of Insurance Law § 5102(d) in motor vehicle cases, no-fault benefits of $50,000 with the NF-2 due within 30 days, and pure comparative negligence under CPLR 1411. Cases are filed in Supreme Court, Nassau County, 100 Supreme Court Drive, Mineola. General information, not legal advice.

Nothing upfront. New York injury attorneys work on contingency — a percentage of the recovery, nothing if the case does not recover. One-third of the net recovery is the customary arrangement in New York personal injury matters; medical malpractice is governed by the separate scale in Judiciary Law § 474-a.

What shapes the outcome financially:

• The stage at which the case resolves
• Case expenses: neuropsychological and neurological evaluation, life care planning, vocational and economic experts, accident reconstruction, transcripts, filing fees
• Whether expenses are deducted before or after the fee is calculated
• Liens to no-fault, health insurance, Medicare, Medicaid or workers' compensation
• Available limits, including SUM coverage where the at-fault driver carried the New York minimum
• Municipal defendants, which add § 50-e and § 50-h procedure and lengthen the timeline

Settlements involving a minor require court approval of both the settlement and the fee. Our consultation and referral cost nothing.

Because a 90-day notice deadline and a medical proof problem are running at the same time, and both are handled in the weeks when the family is still focused on treatment.

• 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 Nassau County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network give families the same practical advice: bring someone else to medical appointments. A person with a brain injury frequently under-reports their own symptoms, and a spouse or parent in the room produces a far more accurate record.

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.