Who is Liable For Car Accidents Caused by Road Hazards?
If you get in an accident due to a road hazard, who can be blamed for that? While you cannot sue a hazard itself,…
A traumatic brain injury (TBI) can happen in an instant — and change everything. If you or someone you love suffered a brain injury in a car accident, fall, construction incident, or any other situation caused by someone’s negligence, you need an attorney who understands both the medicine and the law. At Zlotolow & Associates, our New York brain injury lawyers have spent more than 20 years fighting for TBI victims across New York City and Long Island. We’ve recovered millions of dollars for our clients — and we’re ready to fight for you. Call (631) 564-0498 for a free consultation.
Traumatic brain injuries occur when a sudden impact, jolt, or penetrating injury disrupts normal brain function. In our 20+ years of handling TBI cases in New York, the most common causes we see include:
Brain injuries do not always appear immediately. Many victims feel “fine” after the accident, only to develop serious symptoms hours or days later.
Common signs of a TBI include:
Severe TBIs may require long-term care, rehabilitation, or permanent lifestyle changes.
| Mild to Moderate TBI | Severe or Long-Term TBI |
|---|---|
| Headaches and pressure | Loss of consciousness |
| Brain fog and confusion | Seizures or convulsions |
| Memory problems | Persistent cognitive decline |
| Dizziness and balance issues | Personality or behavior changes |
| Light and noise sensitivity | Slurred speech |
| Nausea and vomiting | Inability to work or function independently |
New York law allows TBI victims to hold liable any individual or entity whose negligence caused the injury. Identifying all responsible parties is critical — multiple defendants often means greater total compensation. Depending on how your injury occurred, responsible parties may include:
New York Comparative Negligence: New York follows a pure comparative negligence rule. Even if you were partially at fault for the accident, you can still recover compensation — reduced by your percentage of fault. This makes it even more important to have an attorney document the other party’s negligence thoroughly.
Brain injuries often require years of medical treatment, rehabilitation, and ongoing support. The compensation you may be entitled to reflects both the immediate and long-term impact of your injury:
| Type of Damage | What It Covers in a New York TBI Case |
|---|---|
| Medical Expenses | Emergency care, hospitalization, neurology and neurosurgery, imaging (MRI/CT), cognitive therapy, and all future medical costs |
| Lost Wages | Income lost while recovering from the injury, including temporary or permanent inability to return to work |
| Reduced Earning Capacity | If your TBI permanently limits your ability to work at your pre-injury level, you can recover the projected income difference over your working life |
| Pain & Suffering | Physical pain, emotional distress, anxiety, depression, and psychological trauma caused by the injury and its aftermath |
| Long-Term Care Costs | In-home care, assisted living, rehabilitation programs, medications, and necessary home modifications |
| Loss of Enjoyment of Life | Compensation for your diminished ability to participate in activities, hobbies, and relationships you enjoyed before the injury |
| Loss of Consortium | Available to a spouse when a TBI significantly impairs the marital relationship |
| Punitive Damages | May be available if the defendant’s conduct was especially reckless or willful, such as in drunk driving cases |
Our firm has decades of experience handling severe and catastrophic injury claims across New York City and Long Island. We work closely with neurologists, neuropsychologists, vocational experts, and life-care planners to build the strongest possible case.
Results → https://www.zlotolaw.com/results/
The steps you take in the days following an accident can significantly affect the value of your claim. Here is what we recommend to every client:
If your brain injury was caused by someone else’s negligence—such as in a car crash, fall, or medical mistake—you may have a valid personal injury claim. A brain injury attorney at Zlotolow & Associates can review your case in a free consultation and determine if you’re eligible for compensation.
You may be entitled to compensation for:
Medical bills (current and future)
Lost income and reduced earning capacity
Pain and suffering
Long-term rehabilitation costs
Emotional distress
Loss of enjoyment of life
In some cases, punitive damages may also apply.
In most cases, the statute of limitations for personal injury claims in New York is three years from the date of the accident. However, there are exceptions, so it’s best to speak with a lawyer as soon as possible to protect your rights.
When negligence on the part of an individual or company leaves a person with brain damage or a TBI the victim and their family should not bear the costs alone. The New York brain injury attorneys at Zlotolow & Associates have been fighting for the rights of accident victims for more than 20 years. Depending on the circumstances of your case, our skilled legal team may demand compensation for medical expenses, lost wages, pain and suffering, and other potential avenues of relief. If you or a loved one has suffered long-term health problems due to a traumatic brain injury, you need to speak with the dedicated New York personal injury attorneys at Zlotolow & Associates. Call today or contact us for a free consultation!
Brain and traumatic brain injury cases are among the most complex personal injury claims. Insurance companies retain their own neurologists to challenge the severity of your injury. Medical evidence must be gathered quickly and preserved carefully. Expert witnesses — neurologists, neuropsychologists, life-care planners, and vocational economists — are often needed to prove the full value of the case.
At Zlotolow & Associates, we handle that complexity so you don’t have to. Our attorneys work directly with your treating physicians and coordinate independent expert witnesses to build the strongest possible case. We are experienced, aggressive, and we never settle for less than your case is worth.
© 2026 Zlotolow & Associates. All rights reserved.