New York City Traumatic Brain Injury Lawyer

A traumatic brain injury can change every part of a person’s life, even when the injury isn’t visible. Some TBIs resolve with time, while others leave victims with lasting cognitive, physical, and emotional impairments.

The New York brain injury lawyers at Hach & Rose, LLP represent people who suffered traumatic brain injuries in car accidents, construction accidents, falls, and other preventable events.

Call (646) 466-4083 for a free consultation.

Key Takeaways About Traumatic Brain Injuries

• TBIs are often invisible injuries. A person with a brain injury can look perfectly healthy, making it difficult for others to understand the severity of their symptoms. It takes an experienced attorney who understands the medical complexities to properly explain the injury to a jury or insurance company.
• Symptoms can have a delayed onset. The signs of a TBI may not appear for days or even weeks after an accident. It’s crucial to seek medical attention immediately after any head trauma and to continue monitoring your health over time.
• Treatment is often a lifelong process. While some mild TBIs can fully resolve, moderate to severe injuries can result in permanent disability and require extensive, ongoing medical care, rehabilitation, and therapy.
• Liability is a key component of a successful claim. To recover compensation, your attorney must prove that another party’s negligence caused your injury. This includes proving that the at-fault party owed you a duty of care, breached that duty, and that their breach caused your injury.

Why Choose Hach & Rose, LLP?

For nearly 25 years, Hach & Rose, LLP has represented New Yorkers in serious personal injury claims, recovering more than $1 billion for injured clients, including seven- and eight-figure recoveries in traumatic brain injury cases. Brain injury litigation requires medical evidence that goes beyond most personal injury claims, since insurance companies often argue that an injury is less severe than claimed or unrelated to the accident. Depending on your case, we can:

• Work with neurologists, neuropsychologists, and rehabilitation specialists to document your injury.
• Gather accident reports, surveillance footage, and witness statements to establish liability.
• Consult vocational experts, economists, and life care planners to project future treatment needs and lost earning capacity.
• Prepare every case as though it will go to trial, while pursuing a fair negotiated settlement.

What is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is any head trauma that affects the brain’s normal functioning. TBIs range from mild to severe, depending on the level of damage to the brain.

Common causes of TBIs include:

• Blunt force trauma: A hard blow to the head, often from a fall or a car crash. The force can cause the brain to hit the inside of the skull, leading to bruising or bleeding.
• Shaking: The brain can be damaged by violent shaking, which can occur in certain types of car accidents or motorcycle crashes.
• Penetration: An object penetrates the skull, destroying brain tissue and causing severe bleeding. This can happen from a gunshot wound or from an object in a construction accident, among other situations.

While victims with a mild TBI may fully recover, those with moderate to severe TBIs can be permanently disabled and may require a variety of lifelong therapies.

How is a TBI Diagnosed?

Regardless of the severity, all TBIs require immediate assessment by a medical professional. Doctors will perform a neurological exam to assess a patient’s motor and sensory skills and test the functioning of the cranial nerves, as well as hearing, speech, coordination, and changes in behavior, among other abilities.

When necessary, medical professionals will perform brain scans to evaluate the extent of the TBI. Computed tomography (CT) scans are the most common technology for assessing people with moderate to severe TBI. A CT scan creates a series of X-ray images of the skull and brain and can show fractures, hemorrhage, a contusion, and brain tissue swelling, among other conditions. Magnetic resonance imaging (MRI) can also be used after the initial assessment. An MRI is a more sensitive test that can pick up subtle changes in the brain and provides critical evidence of traumatic brain injuries caused by accidents or impacts.

What Is a Traumatic Brain Injury?

Some TBI symptoms don’t appear immediately. Long-term or delayed-onset symptoms may include:

• Headaches that develop or worsen over time
• Dizziness and light sensitivity
• Vision problems
• Worsening fatigue
• Seizures
• Difficulty sleeping, concentrating, or regulating mood

A victim’s CT scan can appear normal even when significant cognitive impairment develops later, which is why insurers frequently dispute claims involving delayed or subtle symptoms.

Why Brain Injury Cases Require a Different Legal Strategy

Not every serious injury presents the same legal challenges. While many personal injury claims involve broken bones or other injuries that are readily visible on medical imaging, traumatic brain injuries often require far more extensive medical evidence to demonstrate their full impact.

Some individuals with significant cognitive impairment may initially have normal CT scans or relatively subtle imaging findings. Others continue to experience memory loss, concentration problems, headaches, personality changes, or difficulty returning to work long after their visible injuries have healed.

 Insurance companies frequently rely on these circumstances to argue that the injury is less serious than the victim claims or that ongoing symptoms are unrelated to the accident.

Successfully litigating a traumatic brain injury case requires more than documenting the initial diagnosis. It often involves establishing how the injury has affected every aspect of a person’s life, including their ability to earn a living, maintain relationships, complete everyday tasks, and participate in activities they once enjoyed.

At Hach & Rose, LLP, we recognize that proving a brain injury means telling the complete story—not just what happened on the day of the accident, but how that injury continues to affect our client’s future. By developing comprehensive medical evidence and presenting the long-term consequences of these injuries clearly and effectively, we work to pursue compensation that reflects the true scope of our clients’ losses.

The Impact of a TBI on Someone’s Life

Moderate to severe TBI can cause permanent physical or mental disability. Many TBI victims who appear to recover fully may still have some lifelong symptoms. Completing tasks at home and at work that were once routine can be much more difficult after suffering a TBI. Some TBI victims find that the skills they used to meet everyday challenges are not as sharp as they were before.

The challenges that come with the effects of TBI can also affect a victim’s personal life. TBI victims may take longer to do tasks associated with memory, such as placing an order at a restaurant. Family relationships will most likely change, too. Some TBI victims become totally dependent on caregivers to make it through the day. In short, a TBI is often a life-changing injury for many victims. If the injury was caused by another person’s negligence, you may wonder can you sue someone to recover compensation for the long term costs and losses you face.

How We Build a Strong Brain Injury Claim

Traumatic brain injury cases are built through careful investigation, comprehensive medical documentation, and thorough preparation for litigation. While every case is different, establishing the full extent of a brain injury often requires significantly more evidence than many other personal injury claims.

At Hach & Rose, LLP, we begin by conducting a detailed investigation into how the accident occurred and identifying all potentially liable parties. We gather accident reports, photographs, surveillance footage, witness statements, and other evidence that helps establish liability while preserving information that may become critical later in the case.

Our attorneys work with treating physicians and, when appropriate, consult neurologists, neuropsychologists, rehabilitation specialists, vocational experts, economists, and life care planners to understand both the immediate and long-term effects of a traumatic brain injury. This evidence helps demonstrate not only what our clients have already experienced but also the future medical treatment, diminished earning capacity, and lifelong care that may result from the injury.

Because insurance companies frequently dispute the severity of brain injuries or the need for ongoing treatment, every piece of medical evidence matters. Our level of preparation strengthens settlement negotiations while ensuring we are ready to take the case to trial if necessary to pursue full and fair compensation.

Why is it Important for My Lawyer to Understand My Medical Condition?

Most people, including some attorneys, do not understand that brain injuries are invisible but life-changing. It takes an attorney who fully understands the complexities of a brain injury to explain it properly to juries, insurance companies, and people who defend lawsuits.

An experienced New York brain injury attorney at Hach & Rose can help you prove the full extent of your injury and losses to a judge or jury. Our team can gather and present evidence that shows how the defendant’s fault caused your TBI. 

Evidence we gather may include photos, videos, police reports, and witness accounts. We may also hire experts to testify on your behalf. Hiring a New York brain injury attorney from Hach & Rose, LLP will lift the burden of having to prove your claim from your shoulders.

Brain Injury Case Results

The outcome of a traumatic brain injury case often depends on the ability to prove both liability and the lifelong consequences of the injury. Over the years, Hach & Rose, LLP has recovered significant compensation for clients who have suffered traumatic brain injuries and other catastrophic injuries resulting from another party’s negligence.

Since our firm’s founding nearly 25 years ago, we have recovered more than a billion dollars in verdicts and settlements for injured clients, including seven and eight-figure awards for traumatic brain injury victims. We have a team of highly skilled and experienced personal injury lawyers who are ready to get to work on your TBI case. We will fight tirelessly to ensure you receive the full and fair compensation you deserve. Knowing when to hire an attorney is important, and contacting us as soon as possible helps protect evidence and strengthens your claim.

Attorney Perspective: Living With a Traumatic Brain Injury

At Hach & Rose, LLP, we recognize that traumatic brain injuries affect much more than medical records. They affect careers, family relationships, independence, and long-term quality of life. Our attorneys work to ensure those challenges are fully documented and presented throughout the legal process so that insurance companies, opposing counsel, and juries understand the true consequences of these injuries.

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Trust Hach & Rose, LLP: Your Champions After a Traumatic Brain Injury

If you or a loved one suffered a traumatic brain injury because of another party's negligence, Hach & Rose, LLP can review what happened and help you understand your legal options.

Call (646) 466-4083 or contact us online for a free, confidential consultation.