Brain Injury Lawyers in Brooklyn, NY

Ask one question and listen carefully to the answer: how will you prove the brain injury if the CT scan is normal?

An attorney who handles these cases will answer immediately, because it is the central problem. Conventional emergency imaging often shows nothing after a concussion or mild traumatic brain injury, while the person is unable to work, drive, or tolerate a conversation in a crowded room. The proof therefore comes from elsewhere:

• Neuropsychological testing measuring memory, attention, processing speed and executive function
• Advanced imaging where clinically indicated
• Documentation of symptoms over time by treating neurologists and rehabilitation physicians
• Before-and-after witnesses — supervisors, teachers, family — who can describe the change concretely

The rules that shape the case in Brooklyn:

• Serious injury threshold, Insurance Law § 5102(d), in any motor vehicle claim — cognitive impairment is normally presented as a permanent consequential limitation or a significant limitation of use of a body function or system.
• No-fault benefits of $50,000, with the NF-2 application due within 30 days.
• Three years to sue under CPLR 214; two years for wrongful death.
• Against the City, NYCHA, H+H or the Transit Authority: notice of claim within 90 days (GML § 50-e), a § 50-h hearing, and suit within one year and 90 days.
• Pure comparative negligence (CPLR 1411).

Cases are filed in Supreme Court, Kings County, 360 Adams Street. General information, not legal advice.

There is no fee to begin and no hourly billing. New York injury attorneys are paid on contingency — a share 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 follows the separate scale in Judiciary Law § 474-a.

What determines the net:

• Whether the case settles pre-suit, in discovery, at mediation, or after trial
• Case expenses, which in brain injury cases are significant: neuropsychological evaluations, neurology and physiatry reports, vocational assessment, life care planning and economic analysis, transcripts, filing fees
• Whether those expenses are deducted before or after the fee
• Liens: no-fault, health insurance, Medicare, Medicaid, workers' compensation
• Available coverage, including excess and umbrella policies
• Municipal defendants and their added procedure

Where the injury affects capacity, planning for a special needs trust or guardianship should begin before any settlement is finalized. Our consultation and referral are free.

Because these claims are won by objective evidence assembled early, and lost when the client is treated as a soft tissue case for the first year.

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

Attorneys in Michael Brook's network give the same instruction after every head injury: report every symptom to the treating doctor, including the ones that feel unrelated — sleep disruption, light sensitivity, irritability, word-finding trouble. Symptoms that never reach the chart are treated by the defense as symptoms that never existed.

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.