A brain injury can change every part of your life. It can affect your ability to work, your relationships, even the way you think and feel. If you or a loved one has suffered a traumatic brain injury in Queens, you need a Queens brain injury lawyer who knows both the medical side of these cases and the local courts where they are decided. At The Orlow Firm in Flushing, we have spent over 40 years fighting for seriously injured Queens residents and their families.
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What's in this video?
The Orlow Firm's attorneys explain what sets the firm apart -- including direct partner involvement, over four decades of Queens experience, and a family-firm commitment to every client.
Brain injuries are among the most complex personal injury cases. Symptoms can be invisible, delayed by weeks, or get worse over months and years. A general personal injury attorney may miss the full scope of a TBI's impact: cognitive problems, personality changes, chronic fatigue, and the lifetime care needs that follow.
Queens faces this problem at scale. The NYS Department of Health reports that Queens had an average of 11,585 TBI-related emergency department visits per year (2012-2014). That is the highest total of any NYC borough. With a rate of 504.4 per 100,000 residents, Queens residents face higher risk from the borough's dense traffic corridors, active construction zones, and aging buildings.
Steven S. Orlow, our Founder and Cornell Law graduate, served as a former NYC Council Member-At-Large representing the nearly two million residents of Queens County. That public service background gives our firm knowledge of the borough's neighborhoods, institutions, and government agencies that no outsider can match. Adam Moses Orlow, our Managing Partner, served as President of the Queens County Bar Association (2022-2023). He leads our serious injury practice with deep roots in the local legal community.
As a family firm, the attorneys who take your call are the attorneys who handle your case. For brain injury claims that need sustained attention over months or years of treatment, that continuity matters. We work on contingency. You pay nothing unless we recover compensation on your behalf.
Types and Severity of Traumatic Brain Injuries
How your brain injury is classified directly affects how your case is valued. Different TBI types carry different outlooks, treatment paths, and damage calculations. A Queens head injury lawyer needs to understand each type to build the strongest possible claim.
Concussions (Mild TBI)
Concussions are the most common form of traumatic brain injury. Though often dismissed as minor, even a single concussion can cause lasting cognitive and emotional changes. Repeated concussions make the damage worse.
Diffuse Axonal Injury (DAI)
Caused by rapid rotation or sudden stopping, DAI is common in car crashes and construction falls. This type of injury shears the brain's nerve fibers. It is one of the most severe TBI types and often leads to prolonged unconsciousness or permanent disability.
Brain Contusions
Bruising of brain tissue can cause dangerous swelling and bleeding. Contusions often need surgical treatment and close monitoring by neurologists.
Coup-Contrecoup Injuries
The brain is damaged at both the point of impact and the opposite side of the skull. These dual-site injuries can produce wide-ranging cognitive and motor problems that are easy to miss during initial diagnosis.
Penetrating Brain Injuries
A foreign object, such as construction debris, a tool, or another projectile, breaks through the skull. These injuries are immediately life-threatening and commonly happen on Queens construction sites.
Anoxic and Hypoxic Brain Injuries
When the brain loses oxygen due to near-drowning, medical mistakes, or birth complications, brain cells begin dying within minutes. These acquired brain injuries often result in severe cognitive problems.
The Glasgow Coma Scale classifies brain injuries as mild, moderate, or severe. Even a "mild" TBI can produce permanent changes in memory, concentration, and emotional control. Our firm connects clients with neurologists and neuropsychologists who can provide the thorough diagnostic testing these cases demand.
Common Causes of Brain Injuries in Queens
Queens' dense traffic, constant construction activity, and aging building stock create conditions where traumatic brain injuries happen far too often.
Motor vehicle accidents. Car, truck, motorcycle, bicycle, and pedestrian crashes are a leading cause of TBI for adults ages 15-44, according to NYS DOH data. Thirty percent of Queens vehicle accident hospitalizations in 2014 resulted in a TBI diagnosis. High-risk corridors like Queens Boulevard, Northern Boulevard, and Roosevelt Avenue see heavy volumes of these crashes year after year.
Falls. Falls are the leading cause of TBI nationally. They account for 35.2% of all traumatic brain injuries according to the CDC. In Queens, cracked sidewalks, poorly maintained stairways, and unsafe building conditions lead to fall-related head injuries in every neighborhood, from Flushing to Rockaway.
Construction accidents. Falls from scaffolds, ladders, and rooftops, struck-by incidents from falling debris, and electrocutions all produce severe head trauma. Queens is one of the most construction-active boroughs in New York City. Our firm handles these cases with Labor Law 240 and 241(6) expertise.
Pedestrian accidents. Queens' crowded intersections and high foot traffic create constant risk. Elderly pedestrians are especially at risk for head injuries when struck by vehicles.
Assaults and violent acts. Violent acts account for about 10% of TBIs nationally, according to CDC data.
Sports and recreation injuries. The CDC reports that 11.9% of high school students reported a sports-related concussion in 2021. Youth concussions are a growing concern for Queens families.
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Leading Causes of Traumatic Brain Injury:
Falls: 35.2% of all TBIs (CDC data) -- the leading cause nationally
Motor Vehicle Accidents: 30% of Queens vehicle accident hospitalizations resulted in TBI (NYS DOH)
Sports/Recreation: 11.9% of high school students reported a sports concussion in 2021 (CDC)
Assaults: Approximately 10% of TBIs nationally (CDC)
Queens averages 11,585 TBI-related ER visits per year -- the highest of any NYC borough. Rate: 504.4 per 100,000 residents. 213 annual TBI-related deaths.
What's in this video?
The Orlow Firm's attorneys discuss the range of accident cases they handle across Queens, including motor vehicle crashes, construction injuries, and premises accidents.
Brain Injury Symptoms: When to Get Medical and Legal Help
Brain injuries are different from other injuries because symptoms can show up hours, days, or even weeks after the initial trauma. Catching these signs early matters for both your health and your legal rights.
Right-away symptoms include loss of consciousness, confusion, lasting headache, nausea, dizziness, and blurred vision. Not every brain injury causes a loss of consciousness, which is why many TBIs go undiagnosed at the scene.
Delayed symptoms that show up hours to weeks later include memory problems, trouble concentrating, mood swings, sleep issues, and sensitivity to light or noise. These delayed effects are often the symptoms that most disrupt a person's daily life.
Signs of moderate-to-severe TBI need emergency attention: persistent vomiting, seizures, slurred speech, weakness or numbness in the arms or legs, loss of coordination, and clear fluid draining from the nose or ears.
Long-term effects of traumatic brain injury can include cognitive decline, personality changes, chronic pain, depression, anxiety, and PTSD. Many TBI survivors find they cannot return to their former jobs, maintain relationships, or live on their own.
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Brain Injury Warning Signs:
Immediate Symptoms:
Loss of consciousness
Confusion or disorientation
Persistent headache
Nausea or vomiting
Dizziness or blurred vision
Delayed Symptoms (Days to Weeks):
Memory problems
Trouble concentrating
Mood swings or irritability
Sleep disturbances
Sensitivity to light or noise
Note: Delayed symptoms are often the most disruptive to daily life and are key evidence in TBI claims.
Seek Emergency Care:
Persistent vomiting
Seizures
Slurred speech
Weakness or numbness
Clear fluid from nose or ears
Call 911 immediately if you observe any of these signs.
Why does this matter legally? Linking a brain injury to the accident that caused it requires medical records from around the time of the accident. The longer the gap between the accident and diagnosis, the harder it is to prove the connection. See a doctor right away after any head trauma, and contact a Queens brain injury lawyer to protect your legal claim.
If you or a loved one has these symptoms after an accident, call (646) 647-3398 for a free consultation.
New York Laws That Affect Brain Injury Claims
Several New York statutes directly shape how brain injury cases work. Knowing these laws is key to protecting your rights. An experienced traumatic brain injury attorney in Queens NY can guide you through each of these legal requirements.
Statute of Limitations (CPLR 214(5))
You have three years from the date of injury to file a personal injury lawsuit in New York. Missing this deadline almost always bars your claim.
Infancy Toll for Minors (CPLR 208)
For children who suffer brain injuries, New York tolls (pauses) the statute of limitations until the child turns 18. This means a minor has until age 21 to file a personal injury lawsuit. This is especially important for pediatric TBI cases, where developmental delays may not appear for years after the original trauma. Note: the 90-day Notice of Claim deadline for government entities is not tolled for minors unless a court grants an extension.
Notice of Claim for Government Entities (GML 50-e)
If a government entity caused your brain injury (a City bus, a broken public sidewalk, a dangerous condition in a public building), you must file a Notice of Claim within 90 days. Steven Orlow's background as former counsel to the Queens County Executive gives our firm deep knowledge of claims against city agencies.
Serious Injury Threshold (Insurance Law 5102(d))
For brain injuries caused by motor vehicle accidents, you must show a "serious injury" to pursue a lawsuit beyond no-fault benefits. TBI can qualify under the "permanent consequential limitation" or "significant limitation of body function" categories. Motorcycle accident claims are exempt from this threshold because motorcyclists are not "covered persons" under New York's no-fault system.
Pure Comparative Negligence (CPLR 1411)
New York allows you to recover compensation even if you were partly at fault. Your damages are reduced by your share of responsibility, but you are not blocked from recovery.
Grave Injury Under Workers' Compensation (WCL 11)
New York law specifically lists "acquired injury to the brain caused by an external physical force resulting in permanent total disability" as a grave injury. This lets construction workers and other employees with brain injuries file third-party lawsuits beyond workers' compensation benefits. Most competing firms fail to mention this advantage.
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Critical Legal Deadlines for Brain Injury Claims (New York State Law):
90 Days -- Notice of Claim: Required for claims against government entities (GML 50-e)
1 Year 90 Days -- Government Lawsuit: Deadline to file suit against NYC or a government agency
3 Years -- Statute of Limitations: General deadline for personal injury lawsuits (CPLR 214(5))
Important exceptions:
Infancy Toll (CPLR 208): For minors, the statute of limitations is tolled until the child turns 18, giving them until age 21 to file.
Comparative Negligence (CPLR 1411): You can recover compensation even if you were partly at fault. Damages are reduced by your share of responsibility.
Missing a deadline can permanently bar your claim. Contact a Queens brain injury lawyer now.
Compensation Available for Brain Injury Victims in Queens
Traumatic brain injuries often produce the highest damage awards in personal injury law because the costs are both immediate and lifelong.
Medical Expenses
Emergency care, neurosurgery, hospital stays, ongoing neurology appointments, rehabilitation, medication, and assistive devices. For severe TBI, lifetime medical costs can reach millions of dollars.
Future Medical Care and Life Care Planning
Neuropsychological testing, long-term therapy, home health aides, adaptive equipment, and monitoring systems. Life care planning experts calculate the full scope of future needs. Our firm invests in these experts as part of building your case.
Lost Wages and Earning Capacity
TBI often permanently reduces or ends earning ability. This hits hardest for workers in physically demanding trades, exactly the kind of clients we have represented for decades in Queens.
Pain, Suffering, and Emotional Distress
Physical pain, depression, anxiety, PTSD, and loss of enjoyment of life. Brain injuries also produce cognitive and behavioral harm, including memory loss, personality changes, and the inability to maintain relationships.
Loss of Consortium
A spouse's loss of companionship, support, and marital relationship.
Wrongful Death
When TBI proves fatal, surviving family members may pursue a wrongful death claim. NYS DOH data shows 213 annual TBI-related deaths in Queens alone.
Insurance companies routinely lowball brain injury claims by focusing on initial treatment costs and ignoring the lifetime impact. Our firm retains neurologists, neuropsychologists, and life care planning experts to document the true cost of your injury.
Car Accident Law: What Can You Be Compensated For?" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The Orlow Firm's attorneys explain the categories of compensation available to accident victims in New York, including medical expenses, lost wages, and pain and suffering.
Our Results in Serious Injury Cases
Our firm has a track record of substantial recoveries in cases involving the same accident mechanisms that cause traumatic brain injuries:
$2,875,000 -- A legally blind man fell 16 feet into an open elevator shaft, sustaining severe back and heel injuries. Falls from height are among the leading causes of traumatic brain injury.
$2,600,000 -- An HVAC laborer was injured when a drop ceiling collapsed and struck him on the head, causing back, knee, and shoulder injuries. Direct head impacts from falling objects are a primary cause of TBI.
$1,200,000 -- An 83-year-old pedestrian was struck by a vehicle and suffered multiple fractures. Pedestrian strikes frequently cause head trauma, particularly among elderly individuals.
$997,997 -- A taxi driver was hit head-on by a truck and required back surgery. Head-on collisions are one of the leading causes of traumatic brain injury.
$650,000 -- A motorcycle passenger was struck by a police car and suffered a fractured jaw requiring surgery. Motorcycle accidents frequently cause TBI and are exempt from New York's serious injury threshold.
Prior results do not guarantee a similar outcome.
Queens Medical Resources for Brain Injury Patients
Knowing where to get specialized treatment can be lifesaving after a traumatic brain injury. Queens is home to top-level neurosurgical facilities. If you need a TBI lawyer in Flushing or anywhere in Queens, our office is near these treatment centers.
NewYork-Presbyterian Queens (Flushing) is a Level I Trauma Center verified by the American College of Surgeons. It has the only Neurocritical ICU in Queens. Our main office at 71-18 Main Street in Flushing is near this facility.
NYC Health + Hospitals/Elmhurst is a Level I trauma center in western Queens and home to Mount Sinai's Neurotrauma Program. The program specializes in TBI, skull fractures, and spinal injuries.
NYC Health + Hospitals/Queens serves southeast Queens from its Jamaica campus with a major emergency department open to residents from Jamaica, Richmond Hill, and nearby neighborhoods.
The NYS TBI Waiver Program provides community-based services for TBI survivors. The Brain Injury Association of New York State (BIANYS) offers support resources and advocacy.
Choosing a hospital with neurosurgical capability matters for TBI outcomes. Our firm helps clients find the right medical treatment, connecting them with neurologists and rehab specialists as part of case development.
Frequently Asked Questions About Brain Injury Cases in Queens
Can you sue for a concussion in New York?
Yes. Despite being classified as "mild" TBI, concussions can cause lasting cognitive and emotional damage. If your concussion resulted from someone else's negligence, you can pursue a claim. For motor vehicle cases, you must meet New York's serious injury threshold under Insurance Law 5102(d). Permanent cognitive limitations typically qualify.
How long does a brain injury case take to resolve?
Most brain injury cases take 18 months to three years or longer. TBI cases need extended timelines because your attorneys need maximum medical improvement data, life care planning assessments, and neuropsychological evaluations to calculate lifetime damages accurately. Settling too early almost always means leaving money on the table.
What if brain injury symptoms appear weeks after the accident?
Delayed symptoms are common with TBI. While the standard three-year statute of limitations under CPLR 214 generally runs from the date of the accident, the gap between the accident and diagnosis can create challenges in proving the connection. See a doctor right away after any head trauma. Write down all symptoms as they develop, even if they seem minor at first. An experienced brain injury lawyer can help document delayed-onset symptoms to strengthen your claim.
How are brain injuries diagnosed for legal purposes?
Legal brain injury diagnosis relies on CT scans, MRIs, and neuropsychological testing given by qualified specialists. Expert witnesses, usually neurologists or neuropsychologists, testify about the diagnosis, cause, and outlook. Objective imaging combined with documented cognitive deficits provides the strongest foundation for a brain injury claim.
Can I file a brain injury claim if I was partly at fault?
Yes. New York follows pure comparative negligence under CPLR 1411. You can recover compensation even if you were partly responsible. Your award is reduced by your share of fault. If you were 20% at fault, you receive 80% of your total damages. Partial fault does not block your claim.
What is the difference between a TBI and an acquired brain injury?
A traumatic brain injury comes from an external physical force, such as a blow, jolt, or penetrating object. An acquired brain injury is a broader category that includes TBI plus non-traumatic causes like oxygen loss, stroke, or infection. The legal difference matters because different liability theories and damage calculations apply based on how the injury happened.
Do I need a specialist brain injury lawyer or will any personal injury attorney work?
Brain injury cases require knowledge of neurological medicine, specialized diagnostic testing, life care planning, and long-term damage projections that general personal injury attorneys may lack. An attorney experienced with TBI cases knows which medical experts to hire, how to document invisible symptoms, and how to present complex brain injury evidence to a jury.
What if my employer is responsible for my brain injury?
If you sustained a brain injury at work, you are entitled to workers' compensation benefits. But New York's WCL 11 specifically lists brain injury resulting in permanent total disability as a "grave injury." This allows you to file a third-party lawsuit against parties other than your employer, such as property owners, general contractors, or equipment makers, for full damages.
Sources & Official Resources
New York Laws Cited
CPLR 214(5) -- Statute of Limitations for Personal Injury (3 Years)
Insurance Law 5102(d) -- Serious Injury Threshold (No-Fault)
Insurance Law 5104 -- Causes of Action for Personal Injury (Motorcycle Exemption)
GML 50-e -- Notice of Claim (90 Days for Government Entities)
Labor Law 240 -- Scaffolding and Devices for Employee Safety
Labor Law 241 -- Construction, Excavation and Demolition Work
Statistics Sources
- NYS Department of Health -- Traumatic Brain Injury Data & Statistics
- NYS Department of Health -- Motor Vehicle Traffic Injuries: Queens County
Helpful Resources
Contact a Queens Brain Injury Lawyer Today
If you or a loved one has suffered a brain injury in Queens, do not face the insurance companies alone. The Orlow Firm has protected seriously injured Queens residents from our Flushing office for over 40 years. We know the medical complexity of TBI cases and how to build claims that reflect the true lifetime cost of these injuries.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win your case.
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What's in this video?
The Orlow Firm's attorneys discuss the most common injuries sustained in New York car accidents, including head and brain injuries that can change a person's life permanently.
