Understanding Traumatic Brain Injury Causes, Symptoms, and Legal Rights in New York
Every March, Brain Injury Awareness Month shines a light on one of the most devastating and misunderstood injuries in America: traumatic brain injury (TBI).
According to the Brain Injury Association of America, 5.3 million Americans are currently living with a permanent brain injury-related disability. Each year, approximately 2.8 million people sustain a traumatic brain injury, and about 166 Americans die every day from TBI-related causes.
In New York, the numbers are equally sobering. The New York State Department of Health reports that the rate of death from traumatic brain injury has remained steady at approximately 10.6 to 11.8 per 100,000 residents.
If you or someone you love has suffered a brain injury due to someone else’s negligence — whether in a car accident, slip and fall, construction site incident, or any other preventable accident — a traumatic brain injury lawyer from Chaikin Trial Group can help you understand your legal rights and fight for the compensation you deserve.
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What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force — such as a blow, jolt, or penetrating injury — disrupts normal brain function. If you’ve been diagnosed, a traumatic brain injury attorney can help determine whether your injury may qualify for a legal claim.
TBIs range from mild concussions to severe brain damage that can result in permanent disability or death.
Even “mild” TBIs can have long-lasting effects on memory, concentration, mood, and physical coordination. Moderate to severe TBIs can cause:
- Loss of consciousness
- Persistent headaches
- Seizures
- Cognitive impairment
- Difficulty speaking or understanding language
- Vision or hearing loss
- Emotional and behavioral changes
- Paralysis
The Centers for Disease Control and Prevention (CDC) identifies TBI as a major cause of death and disability in the United States. Understanding traumatic brain injury symptoms early is critical to protecting both your health and your legal case.
Leading Causes of Traumatic Brain Injuries
Understanding how TBIs happen is the first step in preventing them — and in holding negligent parties accountable when they occur. If your injury was caused by unsafe conditions or someone else’s actions, you may be entitled to file a brain injury claim.
According to the CDC and the Brain Injury Association of New York State, the leading causes of traumatic brain injury include:
Falls (35.2%)
Falls are the #1 cause of TBI-related hospitalizations, particularly among young children and older adults. Common scenarios include:
- Slip and fall accidents on icy sidewalks, wet floors, or uneven surfaces
- Falls from scaffolding, ladders, or roofs on construction sites
- Nursing home falls due to inadequate supervision
Motor Vehicle Accidents (17.3%)
Car accidents , truck accidents , motorcycle crashes , and pedestrian accidents are the leading causes of severe TBIs.
Even when victims are wearing seatbelts or helmets, the force of a collision can cause the brain to strike the inside of the skull, resulting in bruising, bleeding, or swelling.
Struck by or Against an Object (15%)
This category includes:
- Falling debris from construction sites
- Sports-related impacts
- Workplace accidents involving heavy machinery
Assaults (9%)
Intentional acts of violence, including domestic violence and assaults, can cause serious brain injuries.
Recognizing Traumatic Brain Injury Symptoms
TBI symptoms can appear immediately after an accident — or they may develop days or even weeks later.
If you’ve been involved in any type of accident, watch for these TBI symptoms:
Physical symptoms:
- Headache or pressure in the head
- Nausea or vomiting
- Dizziness or balance problems
- Blurred vision
- Sensitivity to light or noise
- Ringing in the ears
Cognitive symptoms:
- Confusion or disorientation
- Memory problems
- Difficulty concentrating
- Slowed thinking
Emotional symptoms:
- Irritability or mood swings
- Depression or anxiety
- Changes in sleep patterns
Severe symptoms requiring immediate medical attention:
- Loss of consciousness
- Repeated vomiting
- Seizures
- Slurred speech
- Weakness or numbness in limbs
- Pupil dilation
If you experience any of these symptoms after an accident, seek medical attention immediately — even if you feel “fine” at first. Brain injuries can worsen rapidly without treatment.
The Long-Term Impact of Traumatic Brain Injuries
Traumatic brain injuries don’t just affect victims in the immediate aftermath of an accident. Many survivors face lifelong challenges, including:
- Permanent cognitive impairment
- Chronic pain and headaches
- Difficulty returning to work
- Emotional and psychological struggles
- Need for ongoing medical care and rehabilitation
- Loss of independence
According to the Brain Injury Association of America, approximately one-half of people who experience a moderate to severe TBI will face long-term disabilities.
The financial burden can be staggering. Medical bills, lost wages, rehabilitation costs, and long-term care expenses can quickly overwhelm families — especially when ongoing traumatic brain injury treatment is required.
Your Legal Rights After a Traumatic Brain Injury in New York
If your brain injury was caused by someone else’s negligence, you have the right to pursue compensation. Working with an experienced brain injury lawyer can significantly impact the outcome of your case.
New York personal injury law allows victims to recover damages for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Home modifications and assistive devices
- Loss of quality of life
In cases involving construction accidents, New York’s Labor Law Section 240 (the Scaffold Law) provides additional protections for workers injured in falls or struck-by-object accidents.
At Chaikin Trial Group , we’ve recovered over $100 million for injured New Yorkers, including significant settlements and verdicts for clients who suffered traumatic brain injuries in:
- Car and truck accidents
- Construction site accidents
- Slip and fall accidents
- Pedestrian and bicycle accidents
What to Do After Suffering a Brain Injury
If you or a loved one has suffered a traumatic brain injury, taking the right steps can protect both your health and your legal rights.
- Seek immediate medical attention — even if symptoms seem mild. Brain injuries can worsen rapidly.
- Document everything — take photos of the accident scene, your injuries, and any hazardous conditions that contributed to the incident.
- Get witness information — names and contact details of anyone who saw the accident.
- Keep detailed medical records — save all bills, treatment plans, and doctor’s notes.
- Do not give recorded statements to insurance companies before speaking with a lawyer.
- Contact a personal injury attorney who has experience handling traumatic brain injury cases.
At this stage, it’s critical to avoid speaking with insurance companies before consulting a lawyer. If you’re searching for a brain injury lawyer near you, choosing a firm with trial experience and a strong track record can make all the difference in your case.
Why Chaikin Trial Group?
At Chaikin Trial Group, our experience traumatic brian injury lawyers prepare every case for trial from day one. Insurance companies know which firms are willing to fight in court — and which ones will settle for less. Our aggressive litigation strategy consistently results in higher settlements for our clients.
Founder Ian Chaikin is personally involved in every case, available seven days a week. We work on a contingency basis — you pay nothing unless we win.
If you’ve suffered a traumatic brain injury due to someone else’s negligence, we’ll fight to recover every dollar you’re owed.
The Bottom Line
Brain Injury Awareness Month is a reminder that traumatic brain injuries are far more common — and far more serious — than most people realize.
If you or someone you love has suffered a TBI in a car accident, construction site incident, slip and fall, or any other preventable accident in New York City, Long Island, or Westchester County, you don’t have to face the recovery process alone.
Contact Chaikin Trial Group today for a free case evaluation from a traumatic brain injury lawyer. We’ll review your case, explain your legal options, and fight to get you the compensation you deserve.
