Traumatic Brain Injury After an Accident in New York: What Families Need to Know

Traumatic brain injury, or TBI, is one of the most serious and most commonly overlooked consequences of accidents in New York. Symptoms can appear or worsen in the days and weeks after an injury, and an accident victim may be discharged from the emergency room before the full effects of a brain injury become clear. If your family member was in an accident and is not acting, thinking, or feeling the same way, it may be a TBI—and it may be compensable.

A brain injury can affect memory, work, relationships, personality, and independence. Tomkiel & Tomkiel represents seriously injured people and their families throughout Westchester County and the Bronx from its White Plains, NY office.

What Is a Traumatic Brain Injury?

A traumatic brain injury happens when a blow, jolt, or force causes the brain to move or be damaged inside the skull. TBI can result from a direct impact to the head, but it can also occur when the body is violently shaken in a car crash, fall, or other accident—even if there is no visible head wound.

The term covers a wide range of injuries. A concussion is generally considered a mild TBI, while moderate and severe TBIs can involve bleeding, swelling, extended loss of consciousness, major cognitive changes, or permanent disability. “Mild” does not mean insignificant. A person with a concussion may still experience serious symptoms that interfere with work, parenting, sleep, decision-making, and daily life.

After an accident, do not dismiss a head injury simply because the person did not lose consciousness. Brain injuries can be legally significant at every level when they cause real symptoms, treatment needs, and limitations.

Symptoms Families Often Notice First

One of the difficult things about TBI is that the injured person may not fully recognize how much they have changed. Family members, coworkers, and friends are often the first people to notice that something is different.

Possible symptoms include cognitive fog, memory gaps, confusion, trouble finding words, slowed thinking, poor concentration, difficulty making decisions, and problems following conversations. Families may also notice mood changes, irritability, anxiety, depression, impulsive behavior, frustration, or a personality that seems different from before the accident.

Other common symptoms can include headaches, dizziness, balance problems, fatigue, sleep disruption, sensitivity to light or sound, nausea, vision problems, and difficulty handling busy or noisy environments. Some symptoms appear immediately, while others develop over hours, days, or weeks.

Seek emergency medical care right away for danger signs such as worsening headache, repeated vomiting, seizures, increasing confusion, weakness, slurred speech, unequal pupils, loss of consciousness, or difficulty waking the person. For symptoms that persist or worsen after an accident, contact the treating medical provider promptly.

Why a Normal CT Scan Does Not Always End the TBI Question

Emergency rooms play a vital role after head trauma. A CT scan can quickly help identify dangerous bleeding, skull fractures, swelling, or other urgent conditions. But a normal CT scan does not always rule out a concussion or other mild-to-moderate brain injury.

Many TBIs involve changes in brain function that may not appear on standard emergency imaging. That does not mean the symptoms are not real. A person can have significant difficulty with memory, attention, sleep, mood, and daily functioning even when initial imaging does not show an obvious structural injury.

If symptoms continue, worsen, or interfere with normal life, a treating provider may recommend follow-up care or referral to a neurologist, neuropsychologist, concussion specialist, rehabilitation provider, or another appropriate professional. Neurological and neuropsychological evaluations can help assess memory, concentration, processing speed, executive functioning, mood, and other effects that family members may be seeing at home.

Accidents That Commonly Cause TBI in Westchester and the Bronx

Brain injuries can happen in almost any serious accident. In Westchester County and the Bronx, common causes include car and truck crashes, pedestrian accidents, construction-site falls, ladder and scaffold accidents, and slip and falls on unsafe property.

A sudden stop in a motor vehicle collision can cause the head and brain to move forcefully, even when airbags deploy and there is no direct head strike. Learn more about car accident claims and the risks associated with commercial vehicle crashes.

Falls are another major cause of head trauma. A fall at a construction site, from a scaffold, on a ladder, or on a dangerous walkway can lead to a serious brain injury. Tomkiel & Tomkiel also represents workers hurt in construction accidents where unsafe conditions or inadequate fall protection may be involved.

What a New York TBI Claim May Cover

A traumatic brain injury claim is not only about the emergency-room bill. The financial and personal effects can continue long after the accident. Depending on the circumstances, compensation may include current and future medical care, neurological treatment, therapy, rehabilitation, medication, assistive services, and neuropsychological support.

A claim may also seek compensation for lost wages, reduced earning capacity, pain and suffering, and the loss of ability to perform the work, family, household, and social activities the injured person handled before the accident. When a TBI changes a marriage or family relationship, a spouse may also have a claim for loss of consortium in appropriate cases.

Tomkiel & Tomkiel understands that a brain injury can affect far more than a person’s ability to return to a job. It can change how that person communicates, manages stress, connects with family, and experiences everyday life. Learn more about catastrophic injury claims and traumatic brain injury cases.

Why TBI Cases Often Require the Right Experts

Serious brain injury cases may require more than an emergency-room record and a single doctor’s note. A full evaluation can involve neurologists, neuropsychologists, rehabilitation specialists, vocational rehabilitation experts, economists, and life care planners.

These professionals may help explain the injury, the treatment needed, the person’s ability to work, and the expected long-term costs of care. Their role is especially important when the injured person looks physically recovered but continues to struggle with memory, fatigue, mood, executive functioning, or concentration.

Tomkiel & Tomkiel works to develop the evidence needed to show the full impact of a serious injury, not just the first days of treatment.

How Families Can Document a TBI Properly

Good documentation can help medical providers understand what is happening and can also support a legal claim. Keep a daily symptom journal that records headaches, dizziness, sleep problems, memory mistakes, mood changes, confusion, and difficulty with normal tasks.

Track missed work, reduced hours, canceled social events, school problems, household tasks the person can no longer complete, and appointments with every treating provider. Save discharge paperwork, imaging reports, prescriptions, therapy records, referral notes, and communications with insurers.

Family observations are valuable. Write down specific examples instead of general statements. For example, note if your spouse forgot familiar directions, your parent became confused during a routine task, or your child could no longer tolerate lights, noise, or schoolwork after the accident.

FAQ

Can a person have a TBI without losing consciousness?

Yes. A concussion or other traumatic brain injury can occur without loss of consciousness, especially after a crash, fall, or forceful jolt.

How long can TBI symptoms last?

Recovery varies. Some people improve within days or weeks, while others experience symptoms for months or longer. Follow-up medical care is important if symptoms persist or get worse.

Can a normal CT scan rule out a concussion?

No. CT scans are important for identifying urgent injuries such as bleeding or fractures, but a concussion or mild TBI can still cause real symptoms even when initial imaging is normal.

What should a family member do if they notice personality or memory changes?

Encourage prompt follow-up with the person’s medical provider, document specific changes, and seek emergency care if there are danger signs or worsening neurological symptoms.

When should I talk to a TBI lawyer?

As soon as possible after the accident. Early legal guidance can help preserve evidence, identify insurance coverage, and document the full extent of the injury.

If your family member suffered a head injury in an accident in Westchester County or the Bronx, don't wait for symptoms to get worse. Call Tomkiel & Tomkiel at 914-723-1700 — we've been fighting for TBI victims and their families since 1979. Free consultation, no fee unless we win. You can also contact Tomkiel & Tomkiel online.