Traumatic brain injuries resulting from car crashes on the LIE, construction-site accidents on Long Island or in New York City, and falls on negligently maintained property can produce permanent cognitive and physical deficits. New York's legal framework, and in particular its Labor Law provisions for construction workers and its No-Fault threshold for motor-vehicle victims, directly shapes the path to full compensation.

Why Gold & Gold in New York

Jonathan E. Gold and the Melville team have handled catastrophic-injury cases against major insurers and self-insured entities across Long Island and into New York City. We work with neuropsychologists, life-care planners, and vocational economists, experts familiar with Nassau and Suffolk County venue expectations, to present the true lifetime cost of a traumatic brain injury to juries and to defense carriers.

New York courts, deadlines & rules

The personal-injury statute of limitations in New York is 3 years (CPLR 214). For brain injuries arising from motor-vehicle accidents, the plaintiff must meet the No-Fault serious-injury threshold (Insurance Law Section 5102(d)), a TBI resulting in significant limitation of use of a body function or system, or a medically determined non-permanent injury preventing substantially all daily activities for 90 of 180 days, routinely qualifies. For brain injuries occurring in construction accidents, New York Labor Law Section 240 (the scaffold law) imposes absolute liability on owners and general contractors for elevation-related injuries, and Labor Law Section 241(6) imposes liability for regulatory violations, both powerful tools that have no equivalent in Florida or most other states. Cases are venued in Nassau or Suffolk County Supreme Court, or the appropriate New York City county court. New York's pure comparative negligence standard (CPLR 1411) applies in all cases.

Common brain injury cases we see in New York

  • TBIs from rear-end and high-speed collisions on the Long Island Expressway and major parkways
  • Construction-worker head injuries on Long Island and New York City job sites covered by Labor Law 240
  • Premises-liability brain injuries from falls at Long Island commercial and residential properties
  • Sports and recreation-related concussions that were mismanaged by Long Island athletic programs or facilities
  • Medical negligence resulting in hypoxic brain injury at Northwell or Stony Brook facilities
FAQ

Frequently Asked Questions

My TBI was diagnosed after imaging but I can still function. Does New York's No-Fault threshold bar my claim?
Not necessarily. The serious-injury threshold under Section 5102(d) includes a 'significant limitation' category that encompasses TBIs affecting cognitive function, memory, and daily life even without complete incapacity. Neuropsychological testing and thorough medical documentation are critical to establishing this threshold, and we coordinate that process from the start.
I was a construction worker injured on a Long Island job site. How does Labor Law 240 help me?
New York Labor Law Section 240 (the scaffold law) imposes strict, non-delegable liability on property owners and general contractors for elevation-related injuries, falls from ladders, scaffolds, roofs, or being struck by falling objects. The injured worker does not need to prove the owner or GC was negligent in the traditional sense; the statutory violation alone establishes liability. This is one of the most powerful plaintiff tools in New York law and has no counterpart in Florida.
How long do brain-injury cases typically take in New York Supreme Court?
Catastrophic-injury cases in Nassau and Suffolk County Supreme Court typically move through discovery and trial readiness in 2 to 4 years depending on court backlog and the complexity of expert testimony. We pursue early resolution through mediation or direct carrier negotiation when the evidence is strong, but we are fully prepared to try cases to verdict in Long Island courts.