Bronx Brain Injury Attorney
At Frekhtman & Associates, our Bronx brain injury attorneys have recovered a $69.25 million motor vehicle verdict and over $900 million for injured New Yorkers since 2000. We prove traumatic brain injuries (TBI) that standard CT and MRI scans miss, counter insurance companies trained to deny TBI claims, and prepare every case for trial. You pay nothing unless we win. Book a free consultation.
Suffered a traumatic brain injury in the Bronx because of someone else’s negligence? Frekhtman & Associates helps victims pursue full compensation. No fee unless we win.
After a TBI, the symptoms are often invisible. Scans look fine. Insurance adjusters question whether anything is wrong. But you know the truth. Concentration vanishes, familiar streets confuse you, and simple tasks feel impossible.
Insurance companies exploit this diagnostic gap to deny claims, delay payments, and pressure victims into lowball settlements.
Our Bronx brain injury attorneys have spent 25 years representing brain injury victims across New York City, countering insurance tactics using neurological expert testimony, advanced DTI and SWI imaging, and trial preparation that forces insurers to take your case seriously.
Our results reflect that commitment: a $1.8 million brain injury verdict, recovered as part of $450 million for clients this year alone. Each case was built on evidence that turned a denied claim into real compensation.
No Fees Unless We Win
What Counts as a Traumatic Brain Injury Under New York Law?
A traumatic brain injury (TBI) occurs when an external force damages the brain, either from a direct blow, a violent jolt that causes the brain to strike the inside of the skull, or a penetrating object. Under New York Insurance Law Section 5102(d), your injury must meet the “serious injury threshold” to pursue a claim against an at-fault party. This requires proof that your brain injury caused a significant limitation of a body function, permanent loss of use, significant disfigurement, or a fracture.
Under New York law, TBIs are generally classified into three levels of severity:
- Mild TBI (Concussion): Loss of consciousness lasts under 30 minutes or does not occur at all. Despite the label “mild,” concussions can lead to lasting memory problems, difficulty concentrating, mood changes, and chronic headaches that persist for months or longer.
- Moderate TBI: Loss of consciousness lasts from 30 minutes to 6 hours, with a Glasgow Coma Scale score of 9-12. Brain imaging often shows structural damage, and long-term cognitive and physical impairments are common.
- Severe TBI: Loss of consciousness exceeds 24 hours and may involve coma. Survivors often face profound cognitive impairment and may lose the ability to work, live independently, or maintain relationships.
Insurance companies fight this threshold. Our Bronx personal injury attorneys prove your injury meets it using medical expert testimony, neuropsychological testing, and advanced imaging.
Symptoms of a Brain Injury That Bronx Victims Often Miss
Brain injury symptoms often appear hours, days, or even weeks after an accident. Watch for these warning signs:
Physical Symptoms
- Headaches that persist or worsen
- Dizziness or balance problems
- Nausea or vomiting
- Sensitivity to light or sound
- Chronic fatigue
- Sleep disturbances
Cognitive and Emotional Symptoms
- Memory loss or gaps
- Difficulty finding words mid-sentence
- Inability to concentrate
- Sudden mood swings
- Irritability or anger outbursts
- Depression or anxiety
If you experience any of these symptoms after an accident on the Cross Bronx Expressway, a construction site fall, or a pedestrian collision in the Bronx, document them immediately. Keep a daily journal noting each symptom and how it affects your life. Insurance adjusters exploit delayed symptoms to argue your injury never happened or was not caused by the accident.
Common Causes of Brain Injuries in the Bronx
Collisions on Interstate 95, the Cross Bronx Expressway, Major Deegan Expressway, and Bruckner Boulevard cause severe head trauma. Rear-end accidents, T-bone collisions, and truck crashes involve forces that cause the brain to strike the skull.
South Bronx construction sites present serious TBI risks from scaffold collapses, falling tools, and falls from heights. New York Labor Law 240 holds property owners and general contractors strictly liable for gravity-related injuries regardless of worker fault.
Defective Bronx sidewalks with cracks, uneven surfaces, and ice accumulation cause falls that result in head strikes. NYCHA properties have hazardous conditions, including broken stairs, inadequate lighting, and poorly maintained walkways.
Pedestrians struck by vehicles on Grand Concourse, Fordham Road, and Tremont Avenue suffer brain injuries from impact and pavement strikes. These high-traffic corridors see frequent pedestrian knockdowns.
Passengers on Bx12, Bx19, and other Bronx routes sustain brain injuries during sudden stops, sharp turns, or collisions. Claims against the MTA require a Notice of Claim within 90 days.
Assaults and Negligent Security
Head trauma from assaults in Bronx apartment buildings, parking garages, stores, and nightclubs can create liability when property owners fail to provide adequate security, lighting, or address known crime patterns.
Subway Incidents
Platform accidents and passenger falls on the 2, 4, 5, 6, and D subway lines cause head trauma.
What to Do After a Brain Injury in the Bronx
Your first hours and days after a brain injury are critical for both your health and your legal case. Insurance companies begin building their defense immediately, and symptoms often appear days or weeks later.
Here is what you need to do to protect yourself.
Immediate Steps (First 24–48 Hours)
- Seek medical attention immediately: Go to a hospital such as BronxCare Hospital Center, Montefiore Medical Center, or Jacobi Medical Center, even if you feel fine. Many TBI symptoms are delayed. Document everything with the ER physician. Your medical record is your proof.
- Call 911 if the accident is serious: Police reports establish liability and capture witness statements.
- Do not admit fault or apologize at the scene: Avoid discussing injuries with the other party or their insurance company. Never give recorded statements to insurance adjusters.
- Document the scene: Take photos of vehicle damage, road conditions, hazards, and weather. This is especially important on high-risk roads like the Cross Bronx Expressway or Major Deegan.
- Collect witness information: Get names and phone numbers. These accounts matter when insurance companies deny causation.
First Week After the Injury
- Follow all medical instructions: Attend every appointment, including neurology visits, therapy sessions, and evaluations. Gaps in treatment are often used to challenge the seriousness of your injury.
- Keep a symptom diary: Document headaches, dizziness, memory loss, mood changes, and how they affect your daily life. This becomes powerful evidence.
- Request advanced imaging if symptoms persist: Standard CT scans and MRI often miss brain injuries. Ask your doctor about diffusion tensor imaging (DTI) or susceptibility weighted imaging (SWI).
- Gather supporting records: Obtain your employment file, including performance reviews from before and after the injury. If you are a student, request transcripts and test scores. These records provide objective evidence of cognitive changes.
- Contact your attorney before speaking to any insurance company: We protect your rights and prevent statements that undermine your case.
How Do We Prove a Brain Injury Claim in New York
To prove a brain injury claim in the Bronx, your attorney must establish that the defendant owed you a duty of care, breached that duty, and directly caused your injury. In most cases, you have three years from the date of injury to file. Insurance companies commonly argue that no injury exists or that it predates the accident. We counter both arguments through seven categories of evidence that document the injury and its impact on your daily life.
Evidence That Proves TBI
- Medical Records: Emergency room documentation showing loss of consciousness, confusion, and Glasgow Coma Scale scores. Ongoing treatment records from your neurologists and neuropsychologists.
- Advanced Neuroimaging: Standard CT and MRI frequently miss mild to moderate traumatic brain injuries, especially diffuse axonal injury. We work with neuroradiologists who use advanced imaging, including 3T MRI, DTI, SWI, and PET/SPECT scans, to detect damage that standard imaging cannot capture.
- Neuropsychological Testing: Comprehensive evaluations measure your memory, processing speed, attention, and executive function to document objective deficits.
- Witness Testimony: Your family, coworkers, and friends testify about before-and-after changes in your personality, cognitive ability, and daily functioning.
- Vocational Experts: Analysis of your lost earning capacity and ability to return to work.
- Life Care Planning: Detailed projections of your future medical needs, therapy costs, home modifications, and attendant care for lifetime expense calculation.
- Symptom Diary: Your documented symptoms become critical evidence when imaging does not capture the full injury.
Shared Fault Cases: New York Pure Comparative Negligence
Under CPLR Section 1411, you can recover damages even if you are more than 50 percent at fault. Your recovery is reduced by your percentage of fault. For example, if your damages are $1 million and you are 30 percent at fault, you recover $700,000.
Insurance companies will shift the fault onto you to reduce payments. Our lawyers use accident reconstruction, traffic camera footage from the Major Deegan or Bruckner Boulevard, and witness statements to minimize your assigned fault.
Deadlines for Filing a Bronx Brain Injury Claim
Brain injury claims in New York have strict filing deadlines, and missing them can permanently bar your right to compensation. The deadline that applies to your case depends on who caused your injury.
Standard Personal Injury Claims
If your injury was caused by a private individual, business, or employer, you have three years from the date of injury to file a lawsuit under CPLR Section 214. This applies to most car accidents, slip and falls, construction site injuries, and assaults on private property.
Claims Against the MTA, City Buses, Subways, or City Property
If a government entity were involved, the rules are different and far less forgiving. You must file a Notice of Claim, a formal written notice to the government agency, within 90 days of the injury under General Municipal Law Section 50-e. After that, you have one year and 90 days from the date of injury to file the actual lawsuit. Missing the 90-day Notice of Claim deadline bars your case permanently, regardless of how serious your injury is.
Why Deadlines Matter More in Brain Injury Cases
TBI symptoms are often delayed. Many people do not recognize the full extent of their injury until weeks after the accident. This makes early legal contact critical, not to pressure you into a decision, but to ensure the clock does not run out while you are still recovering.
Contact us for a free consultation as soon as you are able. We handle the deadline tracking so you can focus on your health.
What Damages Are Available to Bronx Brain Injury Victims
Bronx brain injury victims can seek compensation for both the financial costs of their injury and the personal impact on their daily lives. Economic damages cover concrete losses such as medical bills, lost income, and future care costs. Non-economic damages address pain and suffering, cognitive loss, emotional harm, and the changes to your relationships and quality of life.
Insurance companies frequently rush to close brain injury claims with early offers that fail to account for future medical costs, rehabilitation, and permanent cognitive changes. Our attorneys ensure your claim accounts for the full picture before you accept anything.
Economic Damages (Financial Losses)
- Medical Expenses: All past and future costs related to your brain injury, including emergency treatment, hospitalization, surgery, diagnostic imaging, neurology and neuropsychology appointments, rehabilitation, medications, and medical equipment
- Lost Wages: Income you lost from the date of injury through settlement or trial
- Reduced Earning Capacity: If your brain injury prevents you from returning to your previous job or limits your earning ability, we calculate the difference between your prior income and your current earning potential
- Cognitive Rehabilitation: Speech therapy, occupational therapy, and cognitive therapy are needed to regain function or adapt to permanent limitations
- Home Modifications: Wheelchair ramps, accessible bathrooms, stairlifts, grab bars, and other accessibility modifications
Non-Economic Damages (Human Impact)
- Pain and Suffering: Physical pain from the injury, including headaches, dizziness, and chronic discomfort.
- Loss of Memory and Cognitive Function: Permanent changes to your ability to think, remember, process information, and make decisions.
- Loss of Enjoyment of Life: Inability to participate in activities you once enjoyed, such as sports, hobbies, social events, or time with family.
- Emotional Distress: Anxiety, depression, mood swings, personality changes, and psychological trauma.
- Loss of Consortium: Harm to your relationships with your spouse, children, or family members.
New York generally does not cap non-economic damages in personal injury cases, allowing recovery that reflects the full extent of your losses.
Why Frekhtman & Associates for Your Bronx Brain Injury Claim?
At Frekhtman & Associates, we built this firm in 2000 after seeing firsthand how insurance companies exploit injured people who lack strong legal representation. Arkady Frekhtman has spent 25 years developing the medical knowledge and courtroom preparation that TBI cases demand.
- Advanced TBI Diagnostic Expert Network: Our attorneys retain neurologists, neuroradiologists, neuropsychologists, life care planners, and vocational experts who order advanced imaging that emergency room scans miss.
- Trial-Ready Preparation: We build trial-ready cases from day one. Insurance adjusters settle fairly when they know the alternative is facing our team in court.
- Proven Track Record: $69.25 million motor vehicle verdict, $7.5 million brain injury settlement, $4 million construction verdict.
- Neurological Literacy: We understand diffuse axonal injury, the neurometabolic cascade, and why standard imaging fails. This allows us to work with medical experts and explain your injury to juries.
- Client Support: Bilingual representation in English and Russian.
- No Fee Unless We Win: You pay nothing upfront. We advance all costs. Our fee comes only from what we recover for you.
Frequently Asked Questions About Brain Injury Claims in the Bronx
How Do I Know If I Have a Valid Brain Injury Claim?
You may have a valid claim if your brain injury was caused by another party’s negligence, whether from a car accident, a fall on someone else’s property, a construction site incident, or a similar event. You do not need a clean imaging result to have a case. Many valid TBI claims involve injuries that standard CT and MRI scans miss entirely. The best way to evaluate your situation is to speak with an attorney who has specific experience with TBI cases, because these claims require medical documentation that goes beyond standard emergency room findings.
How Long Do You Have to File a Brain Injury Lawsuit in the Bronx?
You have three years from the date of injury under CPLR Section 214. If your injury involves the MTA, city bus, subway, or city property, you must file a Notice of Claim within 90 days under General Municipal Law Section 50-e. Missing this deadline bars your claim.
How Much Is a Bronx Brain Injury Case Worth?
Case value depends on injury severity, medical expenses, lost income, and daily life impact. Economic damages include medical costs, lost wages, reduced earning capacity, rehabilitation, home care, and modifications. Non-economic damages include pain and suffering, cognitive loss, loss of enjoyment of life, emotional distress, and loss of consortium. New York does not cap non-economic damages. Settlements range from tens of thousands for mild injuries to millions for severe cases requiring lifetime care.
What If I Did Not Go to the Hospital Right Away?
You can still file a claim. Seek medical attention immediately and document all symptoms. Insurance companies argue that delayed treatment means no serious injury. Our attorneys work with medical experts who explain delayed symptoms and link them to your accident.
Can I File a Brain Injury Claim If the MTA or a City Bus Was Involved?
Yes. You must file a Notice of Claim under General Municipal Law Section 50-e. After filing, you have one year and 90 days to file a lawsuit. Missing the 90-day deadline bars your case permanently.
What If My Brain Injury Happened at Work?
You have two potential claims. First, workers’ compensation covers medical expenses and partial lost wages regardless of fault. Second, if a third party caused your injury, such as a negligent driver, equipment manufacturer, or property owner, you can file a personal injury lawsuit for full damages. On New York City construction sites, Labor Law Section 240 holds property owners and contractors strictly liable for gravity-related injuries.
Speak With a Bronx Brain Injury Attorney Today
Evidence can disappear quickly. Traffic camera footage is often overwritten within days, and witnesses may move or forget key details. Meanwhile, insurance adjusters begin working immediately to minimize what you recover.
At Frekhtman & Associates, our attorneys act quickly to protect your case by preserving evidence, coordinating medical testing, and countering insurance tactics designed to reduce your compensation.
What to Expect When You Contact Us
When you call (866) 288-9529 or submit the online form, a member of our team is available 24 hours a day, seven days a week. There is no obligation to proceed, and the consultation costs you nothing. We will ask about the accident, your symptoms, and your medical care so far. If we believe you have a viable case, we will explain the process, the timeline, and what we need from you to move forward. You do not need to have all the answers. Our job at that first call is to help you understand your options.
Call (866) 288-9529 or complete the contact form to get started.
No fees unless we recover compensation for you.
Contact For A Free Case Review
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. According to studies, victims represented by a personal injury lawyer receive higher settlement amounts compared to those who handle their cases independently. Here are some of the practice areas we handle: