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You didn’t see the crash coming, but you can’t seem to forget it. The headaches. The fatigue. The way words slip just out of reach, or how your thoughts fog over when you try to focus.
If you’re wondering whether you’ve suffered a brain injury from car accident trauma, trust your instincts. It may not look like a broken bone, but it can fracture your life all the same. Traumatic brain injuries (TBIs) are some of the most devastating and misunderstood consequences of vehicle collisions. The damage can be serious. And in New York, filing a claim for one requires strategy, medical evidence, and speed.
At Greenspan & Greenspan Injury Lawyers, we’ve handled hundreds of TBI-related cases for clients across the state. We manage every detail, from insurance claims to medical reimbursements, so you can focus on your health. And we don’t charge a dime unless we win.
If you believe you suffered a TBI from car accident trauma, here’s what you need to know about building a successful legal claim.
What Is a Brain Injury from Car Accident Trauma?
A brain injury from car accident trauma typically results from the head hitting a hard surface, the brain jostling violently inside the skull, or even extreme whiplash. You don’t need to lose consciousness to have a TBI. And symptoms often show up hours or days after the wreck.
According to the CDC, hundreds of thousands of Americans suffer a traumatic brain injury each year, and motor vehicle crashes are a leading cause.
In legal terms, a TBI includes any disruption in normal brain function caused by external force. This could include:
- Concussion (mild TBI),
- Contusion (brain bruising),
- Diffuse axonal injury (nerve fiber tearing),
- Hematoma or hemorrhage (brain bleeds), and
- Skull fractures.
Even mild TBIs can impact memory, sleep, balance, mood, and cognitive function. And you don’t have to lose consciousness to have a valid claim. Many people continue to walk, talk, and drive before symptoms occur, hours or even days later. That’s why documentation and fast legal intervention matter.
What Are the Common Symptoms of a Car Accident Brain Injury?
Recognizing a car accident brain injury can be difficult. Symptoms vary widely depending on which part of the brain is affected, and many experience cognitive or emotional changes before physical symptoms appear. Some red flags to watch for include:
- Persistent or worsening headaches;
- Dizziness or loss of balance;
- Blurred vision or sensitivity to light;
- Nausea or vomiting;
- Slurred speech or slowed thinking;
- Memory gaps or confusion;
- Mood swings, irritability, or depression; and
- Difficulty concentrating or making decisions.
Every person’s experience is different. That’s why it’s critical to seek prompt medical attention and to document everything for your legal team.
How Does New York Law Handle TBI from Brain Injury Claims?
New York operates under a no-fault insurance system, which means your medical bills and lost wages are first covered by your own Personal Injury Protection (PIP), regardless of who caused the crash. However, if your injuries qualify as “serious” under New York law, you can step outside the no-fault system and file a lawsuit against the at-fault driver. Brain injuries often meet this threshold, especially those with cognitive, emotional, or neurological impacts that interfere with your ability to work or live normally.
Unfortunately, proving the full scope of a brain injury in car accident cases isn’t easy. It takes sophisticated medical evidence, expert testimony, and working with a skilled lawyer who understands the complexities of invisible trauma.
How Can I Build a Strong Claim for My Brain Injury After a Car Accident?
If you or a loved one suffered a brain injury in a car accident, here are some essential steps to take to protect your claim:
- Seek immediate medical evaluation—CT scans, MRIs, and neurological assessments help confirm diagnosis;
- Follow all treatment plans—and keep records of appointments, medications, and symptoms;
- Journal your recovery—keep notes on how the injury affects your memory, work, sleep, and relationships;
- Limit discussions with insurance companies—avoid recorded statements or early settlement offers without legal counsel; and
- Contact an experienced attorney—the sooner you get legal support, the better your chances of building a compelling case.
At Greenspan & Greenspan, we guide you through each step, ensuring you meet deadlines, complete documentation, and take advantage of opportunities for full recovery.
Filing a Claim for a Traumatic Brain Injury
Filing a claim for a brain injury after car accident trauma involves far more than just submitting forms; it’s a legal strategy built on evidence, timing, and expert insight. In New York, the statute of limitations for personal injury is three years, but waiting that long is a mistake. Witnesses forget. Records disappear. Video surveillance gets erased. And while insurance companies may claim they “understand” traumatic brain injuries, they rarely take claims seriously unless there’s a coma or skull fracture involved. Most will argue your symptoms are exaggerated or caused by stress. That’s why you need an attorney who’s seen every trick in their book and knows how to counter their strategies.
Why a Car Accident Brain Injury Requires the Right Legal Help
You may wonder whether hiring a TBI lawyer is worth it. Here’s what Greenspan & Greenspan does for every client:
- Coordinate top-tier neurological and neuropsychological evaluations;
- Gather expert testimony from specialists to validate the diagnosis and impact;
- Handle all communication with insurers to prevent manipulation or bad-faith tactics; and
- Pursue every eligible form of compensation, including lost earning capacity, emotional distress, and future medical care.
We don’t just build claims. We build cases that stand up to scrutiny.
Clients Across New York Trust Greenspan & Greenspan Injury Lawyers P.C.
You shouldn’t have to fight for your future alone. At Greenspan & Greenspan, we’ve been representing car crash survivors with traumatic brain injuries for over three decades. Our team has secured millions in compensation, and we have been recognized as Super Lawyers for our commitment to achieving results.
When you hire us, you get:
- No upfront fees and a no-recovery, no-fee promise;
- 24/7 availability and real-time case updates;
- Free case reviews with no pressure, ever;
- Personalized support, from managing your property damage to negotiating complex medical reimbursements; and
- A law firm that treats you like family and fights for your case.
Call today for a free case review. We’ll listen, explain your options, and build the strongest case possible. No pressure. No upfront costs. Just real support when it matters most.
