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Traumatic Brain Injuries Accident Lawyer

You Have Rights If You've Suffered A Traumatic Brain Injury

If you or your loved one suffered head trauma in an accident because of someone’s negligence, contact a traumatic brain injuries accident lawyer in New York City at Oresky & Associates, PLLC.

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Traumatic Brain Injury Lawyer

We've Represented Injury Victims In New York For More Than 30 Years

Anyone with signs of a traumatic brain injury (TBI) should get medical attention at once, according to the National Institute of Neurological Disorders and Stroke. If you or your loved one suffered head trauma in an accident because of someone’s negligence, contact a traumatic brain injuries accident lawyer in New York City at Oresky & Associates, PLLC.

Our lawyers have won more than $400 million in settlements and verdicts for our clients. You should not have to endure the financial hardship that affects many traumatic brain injury victims. We have helped injured people recover money damages and justice for over 30 years, including those who suffered traumatic brain injuries.

After you or your loved one receives medical care, call Oresky & Associates, PLLC for a free consultation by dialing (718) 993-9999. When you become our client, you become a member of our family. Let us show you how we can help.

Recent Case Results

More Than 30 Years Of Fighting Cases In The Courts

Construction Accidents $9.9 Million Settlement for worker injured during building construction
Construction Accident $7.5 Million Verdict for construction worker injured in fall from scaffold while performing demolition. 
Construction $7.5 Million $7.5 settlement for helper injured in fall from forklift resulting in multiple surgeries.
Construction Accidents $6.6 Million Won by construction worker that fell from scaffold sustaining serious injuries.
Construction Accidents $6 Million Settlement for electrician that fell one story off of roof during construction of an extension.
Construction Accidents $6 Million Awarded to construction worker that fell from ladder while installing window frame.
Construction Accidents $6 Million Won by construction worker that fell from ladder sustaining serious injuries.
Negligent Supervision $6 Million Awarded to 19 year old mentally disabled man that suffered severe burns as a result of institution’s failure to supervise.
Construction Accidents $5.6 Million Awarded to construction worker struck by falling object at construction site.

Oresky & Associates, PLLC has bilingual team members who can even accompany you on doctor’s appointments to make sure you understand instructions. Our team members are fluent in Spanish and English, and we use translation services for clients who speak other languages.

pay no fees unless we win your case
Passionate Injury Advocates

We Recover Compensation for Our Clients

Our firm knows how terrifying a diagnosis of a traumatic brain injury can be for you and your family. This type of brain injury can leave you disabled and unable to provide for yourself or your loved ones.

That is why we urge you to call the office of a traumatic brain injuries accident lawyer in New York City as soon as possible. We have recovered more than $400 million in damages for our clients, including:

  • $9.9 million settlement for a construction worker struck in the head by machinery
  • $7.5 million settlement for an injured undocumented worker who fell from a sidewalk bridge.
  • $5.6 million awarded to a worker injured by a falling object on a construction site.
  • $3 million awarded to a worker seriously hurt when scaffolding collapsed.
  • $2.75 settlement for a worker injured by debris during demolition.
  • $1.1 million awarded to a pedestrian hit by a truck.

While past results do not guarantee future outcomes, we promise to do all we can to recover the maximum in money damages for your pain and suffering after a traumatic brain injury.


I am very pleased and satisfied with the family, friendly service that Jacob Oresky & Associates provided to me while my case was pending.


I was crossing the street when a car hit me. I was hurt and needed a lawyer. A friend that I trusted recommended Jacob Oresky. Right away from the beginning I knew that I made the right decision. Jacob was trustworthy and worked really hard. He pr...


I had a car accident and was hurt really bad. Jacob Oresky took my case and helped me in every step of the way. He made sure that the insurance company paid all my medical expenses and that I was compensated for all my pain. The staff was always f...


I have been treated very well by the lawyers, with compassion and respect. I believe that Jacob Oresky is one of the best lawyers to attain for what you deserve in an accident. Thank you for everything. Jacob Oresky & Associates were very hel...


I recommend the attorney Jacob Oresky to every single person that had suffered any type of accident. They took my case and treated me like family. I’m very thankful with their services. Thank God and Jacob Oresky. Victor


The office did a great job. I am very satisfied with the results. They are really good people.


I would like to say from the bottom of my heart that since I began to work with this office I have felt like they are my family. I never felt tense in dealing with these people that love their jobs.


I am very grateful for their services, for being so responsible and efficient.


The people at Jacob Oresky & Associates are warm and friendly to their clients. They know how to treat people the way you want to be treated. Jacob did an excellent job on my case. We were well prepared and won at trial. The girls at the offi...

Our Process

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

01. Free Case Evaluation

Call our office, send us an email, or chat with us online to receive a free case evaluation.

02. Get Signed Up

After your free case review, we can set up your client profile and gather any information you already have.

03. Start Your Recovery

We can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.

Frequently Asked Questions

Common Legal Questions

How Do I Make an Accident Report from a Construction Accident?
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.
What Happens if the Other Driver Was Uninsured?
If the other driver was uninsured we can file an uninsured motorist claim under your vehicle’s insurance policy.  Automobile insurance policies written for New York State motorists are required to have uninsured protection.  This insurance will provide financial compensation to you, if the at fault driver does not have insurance. If you must file through your own insurer, you need a skilled law firm to help you recover the maximum money damages available.
Can I Get Compensated if I Was Partly at Fault for My Car Accident?
The short answer is yes - many times, you can be compensated if you are partly at fault. Again, New York is a no-fault insurance state in which your own insurance pays for your out-of-pocket costs such as limited lost wages and medical bills up to $50,000.  When you make a claim for pain and suffering as well as certain economic loss above no-fault, the percentages of fault will be considered in your recovery. Your injury from your car accident may have a certain value, however, fault will be taken into consideration at the time of trial or settlement.
How Much Can I obtain from a Car Accident Settlement?
Several factors influence the amount you might obtain from a car accident settlement. The seriousness of your injury plays a significant role in determining this amount, as it affects your medical expenses, lost income, pain and suffering, and many other types of damages. The amount of insurance coverage available plays another significant part in the outcome of your settlement. Of course, a lawyer’s experience building personal injury cases, handling insurance companies, and negotiating fair settlements is yet another important consideration in this equation. Want to learn more about car accident settlements? Read our full article here.
Should I get a lawyer for a car accident?
You can argue that the best time to hire a car accident lawyer is shortly after your accident happens. By hiring a car accident lawyer from our firm, you:
  • Protect yourself from insurance companies
  • Have a buffer between you and the parties who caused your accident
  • Reduce the risk of your rights being violated
The insurance company may try to get you to accept a low settlement offer. These offers come quickly but generally do not cover your long-term losses. A lawyer from our team will shield you from lowball settlement offers by fighting for the full scope of your damages. You can learn more by reading our full blog post here.
Will my car accident case go to trial?
Most car accident cases settle before trial, however, you must be prepared to go all the way to jury verdict. If the defense counsel or the insurance adjuster senses that you are not ready to go the distance, they will try and settle for less than full value. Make sure your case is prepared to go all the way.
What is a deposition?
A deposition or EBT (examination before trial) is an opportunity for the defendants’ lawyers to ask you questions under oath about how your accident occurred. Depositions are normally conducted in an attorney’s office or the office of the court reporter who is transcribing your testimony. All parties are usually deposed.
What is a spinal cord injury?
A spinal cord injury happens when the spinal cord is partially or completely severed, resulting in partial or complete paralysis.
Experienced Injury Lawyers

Call Oresky & Associates, PLLC After a TBI

A traumatic brain injury occurs with a sudden, violent blow to the head that disrupts normal brain activity. An injury of this kind also happens when an object penetrates the skull and enters the brain. Traumatic brain injuries are a leading cause of death and disability in the United States.

A traumatic brain injury attorney with Oresky & Associates, PLLC can investigate to determine if you have a case and if so, take care of all the necessary steps to help you recover the compensation that you are entitled to. This gives you the time and peace of mind to focus on recovering from your injuries or taking care of an injured loved one.

New York Brain Injury Lawyers

Caring, Comprehensive Legal Services

We pride ourselves on going the extra mile for our clients. For 30 years, our firm has helped people who had their lives shattered by someone’s careless act or omission.

Here is what our legal team can do to help you and your loved ones:

  • Gather evidence of liability or wrongdoing by the other party
  • Compile medical records, tests, and other proof of injury
  • Valuate damages for economic and non-economic losses
  • Identify liable parties
  • Negotiate a fair settlement on your behalf or prepare a case for court

Causes of Traumatic Brain Injuries

A violent blow or jolt causes traumatic brain injuries to the brain. This disrupts normal brain activity and can lead to life-threatening medical conditions, such as paralysis, coma,  vegetative state or even death.

The most common types of personal injury and accident cases involving traumatic brain injuries include:

  • Motor vehicle accidents
  • Construction Accidents
  • Falls
  • Falling Objects
  • Medical Malpractice

Any blow or trauma to the head should be treated with urgency. A concussion is a mild form of traumatic brain injury that can be dangerous if undiagnosed and untreated.

Accidents That Cause Traumatic Brain Injuries

You deserve to know your legal options for recovering money damages if someone’s careless behavior caused you or your loved one to suffer a traumatic brain injury.

A traumatic brain injury attorney with our firm can help you recover the compensation that you are entitled to in cases involving:

  • Construction Accidents
  • Demolition Accidents
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Uber and Lyft accidents
  • Taxi accidents
  • Pedestrian accidents
  • Workplace accidents
  • Slip, trip, and fall accidents, including falls from elevated heights (such as ladders, scaffolding, and bridges)
  • Industrial accidents
  • Nursing home abuse and neglect
  • Medical malpractice

Traumatic brain injury cases are complex. That is why some victims have turned to Oresky & Associates, PLLC for legal support. The sooner you call, the faster we can begin to help you and your loved one during this challenging time. For a free consultation, call (718) 993-9999.

Act Now Before the Deadline to File Your TBI Case Passes

Each state has its own statute of limitations or deadline for taking your case to court. New York has different statutes of limitations depending on what type of lawsuit is appropriate for your case.

In cases involving municipal agencies, municipalities, the City, State, or Federal Government, the Statute of limitations is much shorter, and there may be conditions precedent to filing a suit.

Contact us today to find out your legal rights and filing requirements.

Typical Costs for Care From Traumatic Brain Injuries

Some of the medical care and treatment workers’ compensation should pay for includes:

Emergency Department Triage and Care

Workers’ compensation benefits should cover your ambulance transportation to the hospital and any life-saving or sustaining treatment you receive on the way. It will also pay for the care you receive in the emergency department, including medical imaging and laboratory testing to determine the type and severity of your injuries.

Inpatient Care

Workers’ compensation should also cover all the inpatient care required to stabilize and treat your traumatic brain injury and other injuries. This may include additional testing, surgery, medications, and other costs associated with hospitalization and treatment. Some traumatic brain injuries require extended inpatient hospital care, and costs can easily reach hundreds of thousands of dollars for severe injuries.

Rehabilitation and Therapy

Most people who suffer moderate or severe traumatic brain injury require at least some inpatient rehabilitation and outpatient therapy. This type of treatment can help you rebuild strength, recover lost skills, and learn to adapt to new impairments caused by your injuries.

Inpatient rehabilitation can last a few days to several months and includes intensive programs to address how to relearn basic skills such as walking and talking. Outpatient therapies may continue for months or even years once inpatient rehabilitation is complete. Common types of therapy include:

  • Physical therapy
  • Speech therapy
  • Cognitive therapy
  • Occupational therapy

Continuing Care

Many traumatic brain injuries require some level of continuing care. This may be only temporary until the injured patient can recover enough to live independently or have family members play supportive roles, or they could require ongoing care for the rest of their life. There are many levels of continuing care, and workers’ compensation should pay for those reasonably related to  all of them.

This includes a home attendant, skilled nursing care, placement in an assisted living facility, or other steps to ensure you receive the necessary level of care.

Lost Wages and Options

In addition to medical care and treatment, Workers Compensation will also compensate you for your lost wages, and give you a money award for certain injuries.  If you cannot return to work, private disability insurance or Social Security Disability benefits may be an option. You may also be eligible for compensation through a civil lawsuit, holding the party responsible for your injuries liable. The law limits our ability to file suit against your employer, but it allows us to pursue compensation against responsible third parties for past pain and suffering, future pain and suffering, loss of services, and economic losses not covered by Workers Compensation.

How Our Firm Can Help You and Your Loved Ones After a TBI Accident

A traumatic brain injuries accident lawyer in New York City gathers evidence of liability or wrongdoing to build a case for you.

Our legal team can pursue compensation by:

  • Conducting a complete investigation into your accident case
  • Interviewing witnesses to help determine who is responsible for your accident
  • Filing insurance claims with no-fault insurance carriers
  • Assisting your pursue workers compensation benefits
  • Compile medical documentation to assist in proving your injuries
  • Filing a personal injury lawsuit
  • Preparing your case for the best possible result at trial or settlement

Some traumatic brain injury accidents are resolved by negotiating a settlement with the defendant’s insurance company. However, a lawyer with Oresky & Associates, PLLC can also take your case to trial if negotiations have broken down.

We Pursue Money Damages for You and Your Loved Ones

Traumatic brain injury treatment and rehabilitation can be a long and expensive process. You have already suffered enough because of someone’s careless act or omission. It is our mission at Oresky & Associates, PLLC to ensure that you do not suffer financially as well.

A traumatic brain injury lawyer will seek money damages for past pain and suffering caused by injuries and money damages for future pain and suffering caused by these injuries.

The long-term effects of a traumatic brain injury can include physical and/or cognitive impairment. Victims may not be able to work again or even perform necessary daily life functions without help. We will work tirelessly on your behalf to seek money damages to pay for this care.

Damages You Could Recover

Each case is different, but your damages might include:

  • Lost wages
  • Lost union benefits
  • Medical bills
  • Loss of services
  • Reduced earning capacity
  • Home health care (either temporary or permanent)
  • 24-hour nursing care
  • Skilled or residential care facilities
  • Health aides
  • Medical devices
  • Home adaptation, such as adding ramps to accommodate a wheelchair
  • Rehabilitative therapy, including physical, occupational, and cognitive

You should know that a traumatic brain injury lawyer with our firm works on a contingency basis. We are paid when we have recovered a settlement on your behalf.

If you or a loved one is suffering from a traumatic brain injury, or if you lost a loved one due to this type of injury, please call Oresky & Associates, PLLC today for a free consultation at (718) 993-9999.

What Our Clients Say About Our Firm

We help injured people recover damages for injuries. The following are testimonials from our clients (you can read more on our website):

  • “My case went to trial and I was very happy with the jury’s verdict. The Oresky team did an incredible job for me.”
  • “Jacob (Oresky) got me a great settlement and I am thrilled with him and his team.”
  • “For 18 years Jacob Oresky and Associates has been on my side helping solve my legal problems from car accidents to slip and falls and malpractice. I refer all my family and friends to Jacob Oresky.”

The highest compliment that our law firm can receive is a recommendation from a client.  Our past and present clients continue to recommend friends and family to us.  We are committed to our clients and always put forth our hard work and dedicated services to protect their legal interests.  We have recovered hundreds of millions of dollars in damages for our clients with our determination and belief that justice should prevail. Our team would welcome the chance to earn your trust. Call us today for a free consultation by dialing (718) 993-9999.

Construction Workers Are  Vulnerable to TBI

People who work in construction are at a higher risk of traumatic brain injury due to the nature of their jobs. A traumatic brain injuries accident lawyer with Oresky & Associates, PLLC can help if you become injured at work, even if you are undocumented. Your immigration status does not prevent you from pursuing a case and recovering compensation, so call us today for help.

Workers involved in one of the following types of accidents may be more likely to suffer a TBI:

  • Hoist accidents
  • Demolition accidents
  • Crane accidents
  • Building accidents
  • Painting accidents
  • Falls from ladders and scaffolds
  • Cleaning accidents
  • Excavation and cave-in accidents

Symptoms of Traumatic Brain Injury

Traumatic brain injury symptoms vary, depending on the severity of the trauma. A person with a mild form of TBI, or a concussion, may not even lose consciousness (pass out).

The National Institute of Neurological Disorders and Stroke lists the following as symptoms of traumatic brain injury:

  • Headache, including a headache that worsens or does not go away
  • Confusion
  • Feeling dizzy
  • Lightheadedness
  • Blurry vision
  • Ringing in the ears (tinnitus)
  • Convulsions
  • One or both pupils dilated
  • Feeling weak or numb in your extremities
  • Nausea with or without vomiting
  • Slurred speech
  • Loss of coordination
  • Confusion that increases
  • Difficulty being awakened

A person who has suffered a mild or moderate TBI may not have a bleeding head wound. This does not rule out internal bleeding on the brain, which requires emergency medical care. The best practice for any head injury, blow, or impact is to get medical care.

These symptoms and complications have short- and long-term effects on TBI victims’ personal, professional, and financial lives. If you suffered a TBI and are dealing with the consequences, let us help you pursue money damages for all of the ways that your TBI has affected your life.

How Traumatic Brain Injuries Are Diagnosed

Medical professionals have several ways in which they can diagnose a traumatic brain injury. If the patient is conscious, they can describe their symptoms.

A patient could receive a traumatic brain injury diagnosis after a medical professional performs the following tests:

  • Asking the patient questions and monitoring responses
  • Testing a patient’s pupil responses to light
  • Imaging tests of the brain
  • Monitoring the brain waives

Doctors may need to perform emergency surgery if there is swelling or bleeding of the brain.

Your Legal Status Doesn't Matter

We’re Ready to Review Your Case and Fight for You

Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.
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