Long Island Traumatic
Brain Injury Attorney

Understanding TBI

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) results from a sudden blow, jolt, or penetrating injury to the head that disrupts normal brain function. The brain is the body’s most complex organ, and even seemingly minor trauma can trigger a cascade of neurological damage that affects cognition, behavior, personality, and physical function.

TBIs are classified using the Glasgow Coma Scale (GCS), which scores a patient’s eye opening, verbal response, and motor response on a scale of 3 to 15. A GCS of 13–15 indicates a mild TBI (concussion), 9–12 is moderate, and 3–8 is severe. However, the “mild” label is medically misleading — even mild TBIs can produce debilitating, long-lasting symptoms including chronic headaches, memory loss, difficulty concentrating, mood disorders, and sensitivity to light and noise.

If you or a loved one sustained a brain injury due to another party’s negligence on Long Island, the Law Office of Jason Tenenbaum, P.C. can help you pursue the full compensation your case demands. Call (516) 750-0595 for a free consultation.

Common Causes of Brain Injuries

TBIs arise from a wide range of accidents, many of which are preventable when others exercise reasonable care. The most common causes we see in Long Island brain injury cases include:

Motor Vehicle Accidents

Car, truck, and motorcycle crashes are the leading cause of TBI among adults. The sudden deceleration forces in a collision can cause the brain to slam against the inside of the skull, producing contusions, hemorrhaging, and diffuse axonal injury — even when the skull itself is not fractured. High-speed collisions on Long Island’s major corridors, including the Long Island Expressway, Southern State Parkway, and Northern State Parkway, frequently result in severe head trauma.

Falls

Slip and fall accidents are the leading cause of TBI-related emergency department visits across all age groups. On Long Island, falls on poorly maintained commercial premises, construction sites without proper guardrails, icy sidewalks, and wet floors in retail establishments regularly produce head injuries ranging from concussions to life-threatening subdural hematomas — particularly in older adults.

Construction & Workplace Accidents

Construction workers face elevated TBI risk from falling objects, falls from heights, scaffolding collapses, and being struck by equipment. New York Labor Law §§200, 240, and 241(6) provide special protections for construction workers injured on the job, often establishing liability against property owners and general contractors regardless of the worker’s own negligence.

Sports & Recreational Injuries

Youth and adult sports — including football, soccer, hockey, and cycling — account for a significant number of TBI cases. When a coach, school, or facility fails to follow concussion protocols, allows an athlete to return to play too soon, or fails to provide adequate protective equipment, they may be liable for resulting brain injuries.

Long-Term Effects of Brain Injuries

Unlike a broken bone that heals in weeks, brain injuries can produce deficits that persist for months, years, or permanently. The long-term effects of TBI include:

• Cognitive impairment — memory loss, slowed processing speed, difficulty with attention and concentration, impaired judgment and decision-making
• Emotional and behavioral changes — depression, anxiety, irritability, impulsivity, personality changes that strain relationships and social functioning
• Physical symptoms — chronic headaches, dizziness, fatigue, seizures, sleep disorders, sensitivity to light and sound
• Communication difficulties — trouble finding words, following conversations, reading social cues, and expressing thoughts clearly
• Increased risk of neurodegenerative disease — research links TBI to elevated risk of Alzheimer’s, Parkinson’s, and chronic traumatic encephalopathy (CTE)

Proving TBI in Court

Successfully litigating a brain injury claim requires a multi-layered evidentiary approach. Standard CT scans and MRIs may appear normal even in patients with significant cognitive impairment. More advanced diagnostic tools are often necessary:

• Neuropsychological testing — a battery of standardized tests administered over several hours that measure memory, attention, processing speed, executive function, and emotional regulation. Results are compared to population norms and the patient’s estimated pre-injury baseline.
• Diffusion tensor imaging (DTI) — specialized MRI technique that visualizes white matter tracts in the brain, revealing axonal damage invisible on conventional imaging
• Functional MRI (fMRI) — measures brain activity patterns during cognitive tasks, demonstrating areas of impaired function
• Expert testimony — neurologists, neuropsychologists, and neuroradiologists explain findings to the jury in accessible terms and connect the documented deficits to the traumatic event

We also present “day in the life” evidence showing how the TBI affects the victim’s daily routines, work capacity, family relationships, and independence. This before-and-after narrative is often the most persuasive element of a brain injury trial.

Damages in Brain Injury Cases

TBI cases frequently involve the highest damage awards in personal injury litigation because the injuries are often permanent and the care needs are lifelong. Recoverable damages include:

• Medical expenses — emergency treatment, hospitalization, neurosurgery, rehabilitation, neuropsychological therapy, medications, and future medical needs projected over the victim’s lifetime
• Lost wages and earning capacity — both income already lost and the diminished ability to earn in the future due to cognitive and physical limitations
• Pain and suffering — physical pain, emotional anguish, depression, anxiety, and the frustration of living with diminished cognitive ability
• Loss of enjoyment of life — inability to participate in hobbies, sports, social activities, and family life as before the injury
• Home modification and attendant care — costs of adapting the victim’s living environment and providing in-home assistance for severe TBI cases

New York follows a 3-year statute of limitations for personal injury claims (CPLR §214). Life care planners and forensic economists are retained to project lifetime costs, which in severe TBI cases can be substantial given the victim’s potential decades of remaining life expectancy.

Related practice areas: Personal Injury • Medical Malpractice • Settlement Calculator