Proving Brain Injuries After a Car Accident in New York

Often known as a silent or invisible injury, traumatic brain injuries can be hard to detect and difficult to prove. For someone struggling with basic daily tasks, mood swings, or memory problems, dealing with complex insurance claims and uncertainty about the future can be overwhelming. At Chelli & Bush, Attorneys at Law, our brain injury lawyers in Staten Island understand how life-changing this experience can be. For more than five decades, we’ve helped injured victims and their families find clarity, support, and a path toward recovering the justice and compensation they deserve.

Quick Facts

• Brain injuries sustained in car accidents may be overlooked or misdiagnosed at first. 
• Accurate neurological assessments and specialized diagnostic testing are vital to prove brain injury claims. 
• Generally, you have three years from the date of the accident to file a personal injury lawsuit in NY.
• Insurance companies may request independent medical exams and conduct surveillance to argue a traumatic brain injury isn’t as severe as you claim. 

Common Types of Brain Injuries Sustained in Car Accidents

Even at moderate speeds, the force of impact from a car accident can cause the brain to move or strike the inside of the skull. This can lead to traumatic brain injuries such as:

• Concussions, which can cause dizziness, light sensitivity, chronic headaches, and trouble concentrating for weeks or months.
• Contusions or bruising of brain tissue, which can lead to life-threatening swelling and bleeding
• Diffuse axonal injuries, which involve tearing of the brain's nerve fibers.
• Penetrating brain injuries when an object breaks through the skull and damages brain tissue.
• Anoxic or hypoxic brain injury caused by a lack of oxygen to the brain.
• Coup-contrecoup injuries, which occur at both the site of impact and on the opposite side of the brain.

Victims often deal with more than one injury at a time. Spinal damage, herniated disc, broken bones, and emotional trauma are also common. Our Staten Island car accident lawyers consider every aspect of each injury and how the crash has impacted your life. We know how to accurately value your claim and pursue compensation that reflects the full scope of your current and future damages.

Medical Evidence Required to Prove Brain Injury

The strength of a brain injury claim often depends on how well-documented it is from the very beginning and throughout the treatment process. Vital evidence includes:

• Imaging such as CT scans and MRIs
• Advanced diffusion tensor imaging (DTI), a type of MRI that detects microscopic tears in the brain’s nerve pathways
• Repeated neuropsychological testing that evaluates cognitive function, memory, and processing speed over time
• Detailed treatment records from neurologists, physiatrists, brain rehabilitation specialists, and mental health providers
• Testimony from family members, friends, and coworkers describing behavior changes, ability to function, memory, and mood
• Expert testimony from medical professionals, life care planners, and vocational specialists to determine future medical needs and loss of earning capacity

How Insurance Companies Challenge Traumatic Brain Injury Claims

If a standard CT scan or MRI appears “normal”, an insurance company may use this to challenge a brain injury claim. They may argue that your symptoms are due to a pre-existing condition or your TBI isn’t as severe as you claim. In some cases, they conduct surveillance and monitor your social media accounts to find evidence or inconsistencies that can jeopardize your case.

Our brain injury attorneys are well-versed in these tactics and know how to counter them. We work with your treating physicians and ensure every possible diagnostic test is utilized to prove your brain injury. Our car accident attorneys know how to integrate complex medical information into a clear, compelling narrative that resonates with juries. 

How to File a Brain Injury Claim in New York

Under New York's no-fault system, injury victims must first file a claim with their own auto insurance for medical bills and lost wages, regardless of who caused the accident. To pursue a claim for damages against the at-fault driver, an injury has to meet the state's "serious injury" threshold. Our team knows how to properly document and prove you meet this threshold with solid evidence and expert testimony. 

The Brain Injury Claims Process

Although each case is unique, the personal injury claims process generally involves:

• Submitting a claim for no-fault benefits to cover immediate medical expenses and lost wages.
• Investigating and securing evidence, such as police reports, vehicle EDR information, witness statements, and phone records to build a strong foundation for your brain injury lawsuit.
• Documenting the serious injury threshold and collecting medical evidence proving a brain injury meets New York’s legal requirements.
• Sending a formal demand letter to insurers that describes your injury and outlines the full scope of your damages and losses.
• Negotiating with insurers on your behalf to help you recover the maximum compensation and justice you deserve. If a reasonable settlement can’t be reached, our personal injury attorneys are always prepared to take your case to trial.

We manage all aspects of your case, from investigation to the final resolution and disbursement of your award if your brain injury claim is successful. 

Why Choose Our Staten Island Brain Injury Lawyers?

Navigating the aftermath of a brain injury is challenging for New York families. You deserve a local team that balances strength and strategy with compassion.

• Our team has five decades of experience helping families in Staten Island, Brooklyn, and the greater NYC area navigate complex brain injury claims.
• Our Staten Island personal injury law firm has recovered more than $500 million for our clients.
• We have the knowledge and resources to take on powerful insurance companies and win.  
• You won’t incur any upfront costs and we don’t get paid unless we recover compensation for you. 

Find a Brain Injury Lawyer Near You

If you’re dealing with a brain injury after a car accident in New York, you don’t have to face it alone. The experienced team at Chelli & Bush, Attorneys at Law can help you understand your options and take the next steps toward recovery. To schedule a free consultation with a brain injury lawyer near you in Staten Island, NY, contact us or call 718-987-8444.

Frequently Asked Questions About Brain Injury Claims in New York

How long do I have to file a brain injury claim in NY?

Typically, the statute of limitations for filing a personal injury lawsuit in New York is three years from the date of the accident. However, claims against government entities shorten this window significantly. Talking to a car accident lawyer as soon as possible can preserve valuable evidence and protect your right to recover compensation.

Can I file a claim if I have a pre-existing condition?

Yes. While an insurance company may try to argue your symptoms are unrelated to the crash, we use evidence and legal strategy to show the accident caused your brain injury or aggravated an existing condition.



What should I do after a car accident?

Call 911 and wait for police and paramedics to arrive. Gather insurance and contact information from other drivers and witnesses, and take photos of the scene and your injuries. Make sure to seek medical care as soon as possible. Symptoms of brain injuries don’t always show up right away, so going to the emergency room helps you get the treatment you need and documents your injury and the accident.  Do not give a statement, sign anything, or accept a settlement without speaking to our brain injury lawyers first.