Brain Injury Attorney in New York

Over a Century of Combined Trial Experience for Brain Injury Claims

A brain injury can affect memory, speech, concentration, judgment, mood, mobility, and the ability to work. Symptoms aren’t always immediate or visible, and families may need legal guidance before the full medical, financial, and functional consequences are known.

At Godosky & Gentile, we represent individuals and families in New York after catastrophic injuries and fatal car accidents. We investigate what happened, address insurer communications, and pursue compensation for medical care, long-term needs, lost income, and the broader impact of an injury or death.

Contact our New York brain injury attorneys at (212) 742-9706 to discuss what happened and the legal options that may be available. There are no upfront attorney fees, and we accept personal injury matters on a contingency fee basis.

Trial Preparation for Serious Brain Injury Claims

Catastrophic injury and wrongful death cases involve complex medical evidence, high financial losses, and aggressive defense tactics. Families need lawyers who are prepared to handle serious litigation from the start and who understand how to build a case that can stand up in court.

At Godosky & Gentile, we prepare every brain injury and fatal accident case as if it may go to trial. Our team includes David Godosky, a former judge and prosecutor who returned to our firm as a lead trial attorney after serving on the bench. We use that perspective when evaluating evidence, anticipating defense arguments, and preparing claims for negotiation or litigation.

Families often choose us for serious brain injury and fatal crash cases because:

• Trial-focused preparation means we treat every claim as if it could be presented in a New York courtroom, not just negotiated on paper.
• Insight from a former judge helps us evaluate evidence the way courts do and anticipate how defense arguments may be received.
• Experience with complex losses allows us to work with medical and financial professionals to explain long-term care needs and future financial losses.
• Clear, steady communication keeps families informed about developments, choices, and next steps at each stage of the process.

Our attorneys bring more than a century of combined trial experience. Anthony Gentile has more than 50 years of personal injury litigation experience, while Jeffrey Brecker has spent more than 40 years litigating malpractice and construction accident claims. Lawyers and judges across New York have also turned to our firm for their own legal representation.

Brain injury defenses may dispute whether the accident caused the symptoms, whether the limitations are permanent, or whether projected care and lost income are supported. We develop the medical, functional, financial, and liability evidence needed to evaluate those disputes before advising a client about settlement or trial.

Brain Injuries After New York Accidents

Traumatic brain injuries can occur after serious car accidents in New York, and symptoms don’t always appear right away. A blow, jolt, violent movement of the head, or penetrating trauma can cause a concussion or more severe brain injury. Headaches, confusion, memory problems, fatigue, mood changes, and trouble concentrating may emerge hours or days later.

These injuries can affect speech, judgment, behavior, and the ability to work. A person may initially be sent home with what seems like a mild diagnosis, then later struggle with daily activities or returning to the same job. A mild traumatic brain injury or concussion can also disrupt sleep, school, relationships, and ordinary household tasks even when there’s no obvious external injury.

Vehicle collisions aren’t the only potential cause. Depending on the facts, brain injury claims may arise from falls, construction incidents, medical negligence, or other negligence-based accidents. Medical records, symptom progression, testing, and changes observed by relatives or coworkers can help document how the injury affects daily functioning.

If you suspect a brain injury after an accident, these steps can protect your health and preserve important information:

• Seek prompt medical attention, even if symptoms seem mild at first.
• Follow medical recommendations and attend follow-up appointments.
• Record symptoms, mood changes, and difficulties at home, school, or work.
• Save bills, records, and correspondence related to treatment and missed work.
• Avoid giving detailed insurer statements before obtaining legal guidance.

Types & Effects of Traumatic Brain Injuries

A diagnostic label alone doesn’t establish the full severity or functional effect of a brain injury. Medical evaluation, reported symptoms, neurological or neuropsychological testing, treatment, and the course of recovery may reveal cognitive, physical, emotional, behavioral, or sensory changes.

Brain injuries and related effects may include:

• Concussions: Mild traumatic brain injuries that may cause headaches, dizziness, sleep problems, memory difficulties, or trouble concentrating.
• Contusions: Bruising of brain tissue that may occur at or opposite the point of impact.
• Bleeding in or around the brain: Intracranial bleeding that requires medical assessment and may produce serious neurological effects.
• Diffuse brain damage: Widespread injury caused by movement of the brain inside the skull.
• Moderate or severe injuries: Trauma that may lead to cognitive changes, mobility problems, and long-term support needs.
• Frontal lobe injuries: Damage that may affect judgment, planning, impulse control, and behavior.
• Temporal lobe injuries: Damage that may cause memory problems and word-finding difficulties.

Evidence Used to Build a Brain Injury Case

Building a brain injury case takes a focused investigation and trial-ready preparation, not just insurance paperwork. Evidence must address who was responsible, how the incident caused the injury, and how the resulting limitations affect the injured person’s health, work, and daily life.

We collect police reports, scene photographs, available video, witness information, vehicle data, insurance information, treatment records, and employment records. Because surveillance footage, electronic data, and witness recollections may become more difficult to obtain over time, early preservation can be important.

Medical & Functional Evidence

Evidence in a traumatic brain injury claim may include:

• Emergency room records and follow-up treatment records.
• Neurology and neuropsychological evaluations.
• Neurocognitive testing and documentation of symptom progression.
• A journal recording headaches, mood changes, fatigue, memory problems, and daily limitations.
• Bills, wage records, and correspondence concerning treatment or missed work.
• Observations from family members and coworkers about changes in speech, memory, behavior, or functioning.
• Police reports, crash photographs, video, witness information, and vehicle data.
• Opinions from medical, accident reconstruction, biomechanical, vocational, life-care, and financial professionals when needed.

We may work with medical providers to obtain complete records, clarify diagnoses, and understand treatment plans and limitations. A symptom journal and observations from people who know the injured person can provide useful context, but they don’t replace medical evaluation or objective testing.

From Investigation through Trial

Our investigation also considers potential defendants and every applicable source of insurance. Depending on the facts, that may include parties connected to vehicle operation, commercial coverage, road design, or road maintenance, as well as primary, excess, umbrella, and other potentially applicable policies. When litigation is necessary, we prepare pleadings, conduct depositions, develop exhibits, and organize medical and financial evidence for presentation in a New York courtroom.

Compensation in New York Brain Injury Cases

Compensation in a traumatic brain injury claim depends on the medical evidence, the injury’s effect on the person’s life, available insurance, and the parties responsible. These cases may involve both immediate expenses and losses that continue for years.

Potential damages may include:

• Past and future medical treatment.
• Rehabilitation, therapy, and in-home support.
• Past lost wages and employment benefits.
• Reduced future earning capacity.
• Pain and suffering.
• Loss of enjoyment of life.

When cases involve serious brain injuries, we may work with financial, vocational, life-care, and medical professionals to project future care costs and lost income. The analysis may include employment records, benefit packages, union membership, professional licenses, likely career progression, treatment recommendations, and the level of assistance required at home.

Motor vehicle claims can also involve New York no-fault insurance, which generally addresses certain economic losses regardless of fault. A separate pain-and-suffering claim may depend on whether the injury satisfies New York’s serious injury threshold, a legal requirement defined by the nature and severity of the injury under New York Insurance Law. How these rules apply depends on the diagnosis, medical proof, insurance coverage, and facts of the collision.

If insurers don’t offer a fair resolution, we can pursue compensation through litigation. Our firm’s prior results include a $65 million medical malpractice verdict, a $25.2 million civil rights verdict, and other multimillion-dollar recoveries. These results demonstrate our experience in high-stakes litigation but don’t predict the outcome of any particular brain injury claim.

When a Brain Injury Claim May Support a Lawsuit

You may have grounds for a lawsuit when another party’s negligence caused a diagnosed brain injury that affects your health, treatment needs, daily life, income, or future capacity. An initial concussion diagnosis doesn’t automatically rule out a claim if symptoms persist, worsen, or interfere with normal functioning.

Our New York brain injury lawyers can review medical records, accident facts, potential defendants, and available insurance when evaluating a claim. Consistent treatment and documentation of how symptoms affect work, routine, relationships, and quality of life can help establish the nature and duration of the injury.

For many New York negligence claims, the general filing period is three years from the accident. Different deadlines and notice requirements may apply to claims involving New York City, New York State, another public entity, medical negligence, wrongful death, or other circumstances. The applicable deadline depends on the defendant, claim type, date, and facts, so a general limitation period shouldn’t be treated as a case-specific conclusion.

Fatal Car Accident & Wrongful Death Claims

Losing a loved one in a fatal crash can leave a family facing funeral costs, lost income, ongoing bills, and pressure from insurance companies. Early settlement offers may come before the full financial impact is understood, so it’s important to be careful about statements and decisions made in the first days or weeks after the accident.

In New York, the personal representative of the estate may bring a wrongful death claim after a fatal car accident. Supported damages can depend on lost financial support, household services, funeral expenses, and other losses recognized under New York law. Wrongful death claims generally have a two-year filing period measured from the date of death, but exceptions and related claims may affect the analysis.

We investigate fatal crashes, handle insurance communications, coordinate with the estate, and pursue compensation for supported losses. Families should preserve police reports, collision records, insurance policies, wage information, and funeral-related expenses while avoiding final settlement decisions before the financial and legal consequences have been evaluated.

In the weeks after a fatal crash, families often find these steps helpful:

• Obtain a copy of the police report and any available collision records.
• Collect important documents, such as insurance policies and wage information.
• Keep track of expenses related to the death, including funeral and travel costs.
• Limit conversations with insurance adjusters to basic facts until you have advice.
• Contact a wrongful death firm experienced with serious cases in New York for guidance.

Frequently Asked Questions

These answers provide general information about common concerns following a brain injury.

Can Brain Injury Symptoms Appear After an Accident?

Yes. Headaches, memory problems, fatigue, mood changes, and difficulty concentrating may appear or become more noticeable hours or days after an accident. Seek medical attention if new or worsening symptoms develop, and follow the treating provider’s recommendations.

What If the Injured Person Can’t Manage the Case?

A family member should contact our attorneys to explain the person’s medical condition and ability to make decisions. The appropriate next step depends on the person’s capacity, existing legal documents, and court requirements. We can explain the available process after reviewing those circumstances.

Will Your Team Review a Case If the Initial Diagnosis Was a Concussion?

Yes. We can review the diagnosis, continuing symptoms, treatment history, accident facts, and effect on daily life. An initial concussion diagnosis doesn’t determine whether a legal claim is available.

How Are Attorney Fees Handled?

We handle personal injury cases on a contingency fee basis. You don’t pay upfront attorney fees. Our fee is based on an agreed percentage of the financial recovery, so no legal fee is owed unless we secure a verdict or settlement on your behalf.

What Information Should I Gather Before Contacting Your Team?

Gather any available medical records, accident reports, photographs, insurance correspondence, wage information, and notes about symptoms or daily limitations. You can still contact us if some documents are unavailable or the long-term effects remain uncertain.

Discuss Your Brain Injury Claim With Our Trial Team

You can contact us before the full long-term effect of the injury is known. A consultation can help identify important questions involving medical records, insurance coverage, evidence preservation, potential defendants, and filing deadlines.

We invite you to reach out and share what happened. There’s no obligation or upfront attorney fee to discuss your circumstances with us. If some records are missing, don’t delay calling us. We can identify the information that may be important to your claim.

Speak with our New York brain injury attorneys at (212) 742-9706. We can review the circumstances, explain your legal options, and discuss the next steps for pursuing a traumatic brain injury, catastrophic injury, or fatal crash claim.