When a brain injury turns your life upside down, you deserve a legal team that fights aggressively in court while treating you and your family with care. At Hecht, Kleeger & Damashek, P.C. (HKD), we combine a proven record of results with compassion for the people we represent. With over $850 million recovered for New Yorkers, our NYC serious injury lawyers know how to take on powerful defendants and insurers. We work on a contingency fee basis, so you pay nothing unless we win compensation for you.
We understand what it takes to secure significant outcomes in traumatic brain injury (TBI) cases in New York. Whether the injury came from a construction accident, motor vehicle crash, fall, or medical negligence, we know how to document damages and build a case for maximum compensation. Our team has achieved multi-million dollar verdicts and settlements for seriously injured clients, giving us the resources and trial-tested strategies needed to take on complex brain injury claims in New York courts.
You are not just another case file. We listen to your story, understand your daily struggles, and then fight fiercely for your rights. Our approach balances compassion with a relentless litigation strategy. That balance allows us to stand up to insurance companies and defendants while keeping your well-being front and center.
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Our law firm is located in Midtown Manhattan and serves clients across NYC, including Manhattan, Brooklyn, the Bronx, Queens, and Staten Island.
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In New York City, brain injuries often happen in everyday situations. Construction accidents, car crashes, truck accidents, motorcycle collisions, subway or bus incidents, pedestrian knockdowns, falls on unsafe property, and medical malpractice can all lead to brain trauma. Sports injuries and assault also remain causes of TBI across the city. No matter the source, a brain injury can change a person’s life in an instant.
A brain injury may not appear obvious right away. Victims often suffer headaches, dizziness, confusion, vision problems, memory lapses, mood swings, or seizures. More severe cases bring permanent disability, chronic pain, or loss of independence. People with brain injuries may need ongoing care from neurologists, therapists, or rehabilitation centers. These symptoms can last months, years, or even a lifetime, making legal claims in New York essential for covering long-term medical and personal needs.
Brain injuries take much more than a physical toll. Families face emotional strain when a loved one becomes unable to work, socialize, or live independently. Medical bills and lost wages quickly add up. Many victims also lose future earning potential, putting financial pressure on entire households. The emotional challenges—depression, anxiety, frustration—are as real and life-altering as the physical ones.
Under New York law, brain injury victims may bring personal injury claims when another party’s negligence or wrongdoing caused the harm. Whether facing a reckless driver, a careless property owner, or a negligent employer, injured people have a legal right to pursue compensation. Personal injury lawsuits in New York allow recovery for medical expenses, lost earnings, future losses, and non-economic damages such as pain and suffering.
To succeed in a brain injury claim, the injured person must prove four key elements: duty of care, breach, causation, and damages. For example, a driver owes a duty to operate their vehicle safely. If they text while driving and cause a crash, that is a breach. If the crash causes a TBI, the victim can show causation and damages. We identify all liable parties, gather evidence such as accident reports, surveillance footage, witness testimony, medical expert opinions, and financial documents, and present a strong case in court or at the negotiating table.
New York law sets strict filing deadlines. As of 2025, most personal injury cases, including brain injuries, carry a three-year statute of limitations from the date of the accident (CPLR § 214). Medical malpractice cases generally must be filed within two years and six months (CPLR § 214-a). Claims against municipalities like the City of New York require a Notice of Claim within 90 days, followed by a lawsuit within one year and 90 days. Missing a deadline can bar recovery. Acting quickly ensures your rights remain protected.
A strong case begins with a thorough investigation. We collect accident reports, employment records, and medical evaluations. We interview witnesses, consult with neurologists and vocational experts, and review video or photographic evidence. Skilled investigation builds the foundation for proving liability and damages in a brain injury case.
Insurance companies often aim to minimize payouts. They may deny liability, downplay injuries, or pressure victims into low settlements. We push back forcefully with documented evidence of medical costs, lost income, and the long-term effects of the injury. Our aggressive negotiation strategy ensures insurers know we are prepared to go to trial rather than accept unfair offers.
If insurers refuse a fair settlement, we pursue your claim in New York courts. We prepare meticulously, present expert testimony, cross-examine witnesses, and argue aggressively before the jury. Brain injuries demand significant compensation, and when the other side refuses to pay, we do not hesitate to take the fight to court.
Qualities to Look for in a Attorney
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“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
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212-490-5700Not every personal injury lawyer has the experience or resources to handle a traumatic brain injury case. Look for a lawyer with a history of significant verdicts and settlements, knowledge of New York courts, and the ability to work with medical and financial experts. Communication matters too—you need a lawyer who keeps you informed and treats you with respect.
Brain injury cases often unfold in Manhattan, Brooklyn, Queens, Staten Island, or the Bronx courthouses. Local experience gives lawyers insight into judges, procedural rules, and opposing defense tactics. A lawyer based in New York City can better navigate these courts and stand up to local insurers and defendants.
Before hiring a brain injury lawyer, ask: How many similar cases have you handled? What resources do you have to investigate and prepare my case? How do you approach negotiation and trial? Do you work on a contingency fee basis? These questions reveal the lawyer’s commitment and ability to handle your claim without upfront costs.
Treating a brain injury requires ongoing care. You may face hospital bills, rehabilitation expenses, medication costs, and therapy charges. Many patients need lifelong care, which makes projecting future costs critical during litigation.
A brain injury often takes people out of work for weeks, months, or permanently. Victims can claim compensation for lost wages and the loss of future income. Vocational experts help calculate how the injury affects your career and earning potential.
Damages in a brain injury case go far beyond financial costs. The law allows injured people to recover for pain and suffering, emotional distress, and the loss of ability to enjoy life. These damages reflect the deep personal impact of brain trauma.
Brain Injury FAQs
JUMP TO SECTIONA traumatic brain injury involves disruption of normal brain function caused by an external force such as a blow to the head, fall, or accident. Medical evidence, including scans and neurological assessments, usually supports diagnosis and legal claims.
In most cases, you have three years from the date of the accident. Medical malpractice cases generally carry a two-and-a-half-year limit. Claims against government entities require a Notice of Claim within 90 days and a lawsuit within one year and 90 days. Because exceptions exist, you should act quickly to protect deadlines.
You may recover economic damages like medical costs and lost wages, as well as non-economic damages such as pain, suffering, and diminished quality of life. In cases of severe or permanent disability, compensation may cover lifelong care and reduced earning capacity.
You prove negligence by showing another party failed to act with reasonable care under New York law. We gather documents, medical opinions, and expert testimony to connect the negligent behavior to your injury.
Insurance companies often make early offers that fail to cover long-term costs. Accepting too soon can leave you without the funds you need for future care. Negotiating with leverage or pursuing a trial may secure fairer compensation.
Handling a brain injury case on your own is risky. Insurers and defense lawyers move fast to protect their interests. A skilled New York personal injury lawyer ensures your rights stay protected, deadlines get met, and your case is prepared for trial if needed.
Medical records, brain scans, expert testimony, witness statements, accident reports, and employment records often matter most. These show not only how the injury happened but also how it continues to affect your life and work.
Find more information about brain injuries on these pages:
HKD has secured more than $850 million for injury victims across New York. We fight aggressively in court and push insurers to pay what’s fair. At the same time, we treat clients with empathy, honesty, and respect. If you or a loved one suffered a brain injury, we are ready to fight for your rights.
Contact today for a free consultation. You pay nothing unless we recover compensation for you.
“Working with Judd Kleeger was a truly positive experience. From day one, the team demonstrated professionalism, sharp legal insight, and an unwavering commitment to my case. They moved swiftly with every motion and filing, and were relentless in holding the defendants accountable. I always felt informed and supported throughout the process. In the end, the settlement exceeded my expectations. If you need a law firm that fights hard and delivers, Kleeger and his team are exactly who you want in your corner.”
Here is a review from a previous client. Read more of our reviews here.
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