What is a brain injury lawsuit?

Levy Konigsberg, LLC, attorneys for traumatic brain injury in New York and New Jersey, describe this type of lawsuit as a legal case for monetary compensation to a person who has sustained a brain injury as a result of the negligence of another. The negligence involved could be related to physical trauma to the head and brain, such as in an automobile accident. Brain injuries can also result from medical malpractice or toxic exposure to dangerous chemicals, such as lead paint.

For example, Levy Konigsberg attorneys for traumatic brain injuries in the New York and New Jersey frequently handle cases where lead paint has caused severe brain damage over a period of years, resulting in large lawsuits again property owners and managers. The lawsuit begins with an investigation of the accident, medical malpractice or toxic exposure. Experts are often retained early in the investigation to reconstruct the accident, malpractice or exposure, and provide insight to exactly how the brain injury occurred. Medical records of the injured victim are obtained and reviewed in detail. Witnesses to the occurrence are often interviewed, and photographs and videotapes of the accident scene or injuries may be obtained.

Once the brain injury lawsuit begins, various materials are obtained from the defendants, and depositions (sworn question-answer sessions) are conducted of all the parties and witnesses. This entire process is called “discovery” and it can be expected to take many months. In all states, including New Jersey and New York, traumatic brain injury attorneys must be very careful to collect all relevant evidence in this crucial process. Once discovery is completed, the case is then prepared further for trial. Trials in brain injury cases usually occur in the presence of a jury, who determines factually how the accident occurred, who was at fault, and the amount of compensation awarded to the victims.

What types of brain injuries can be the basis of a brain injury lawsuit?

“Brain injury” is term that includes a number of specific situations that result in damage to the brain, including traumatic brain injury (T.B.I.) (closed head injury or open head injury), anoxic brain injury (injury due to complete lack of oxygen to the brain for any amount of time), or hypoxic brain injury (injury due to reduced oxygen to the brain). A lawsuit can be brought based on any of these types of injuries to obtain justice and compensation for these severely disabled victims of negligence. A brain injury lawsuit can be brought on behalf of an individual who is unable to handle their own legal affairs, such as comatose patients. Cases can also be commenced by the family of victims who have died as a result of brain injuries caused by the negligence of others.

What you should look for in choosing a law firm to handle a brain injury lawsuit?

These lawsuits require special skill and knowledge due to the complex medical and legal issues involved. For example, attorneys for victims of brain injury must have a deep understanding of the anatomy of the brain and the medical and psychological affects of brain injuries. Traumatic brain injury attorneys in New York and New Jersey, notably LK, must also be experienced and compassionate in handling guardianship proceedings so that the injured are represented by a capable guardian, usually a close family member, who can work with the attorneys to protect their rights. This is why it is so important to consult with the injury lawsuit specialists at Levy Konigsberg LLP. Our attorneys are experienced in all aspects of brain injury lawsuits, from appointing guardians for the victims, to investigating the mechanism of the injury, and prosecuting the case all the way through trial. We have a proven track record of exceptional monetary verdicts and settlements on behalf of brain injured clients. The brain injury lawyers at Levy Konigsberg LLP are attorneys for traumatic brain injury in the New York/New Jersey area and are committed to achieving the maximum compensation for victims with these devastating injuries.



Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.


Committed to Doing What’s Right

Over $3 Billion Won

We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.

There's No Case Too Big

Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.

Trial Attorneys

Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.

A Thought Leader in the Industry

Our firm’s knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.

Access to World Class Resources

Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.

Changing the World for Good

We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.


Hear What They Have to Say

Professional, responsive and very good at their jobs.

“From the first visit to my home, to my last visit to the office to collect my settlement, I was very happy with the services provided by this firm. They are professional, very responsive and very good …”

– Lisa Ross

They have truly gone above and beyond.

“I have been beyond pleased how Levy Konigsberg is handling my matter. They answer my questions in a timely matter and when warranted, ease my worries and concerns. They have truly gone above and …”

– Anne Fahey

I put my Faith and Trust into Corey Stern!

“Selecting a Law firm to represent me was one of the biggest decisions I’ve had to make in my life. I put my Faith and Trust into Corey Stern, and he exceeded all my expectations.”

– Dennis McGowan

With this team on my side we came out on top.

“Levy Konigsberg and team are a group of men and women that give their all, down to the receptionist. I had a case that was almost unbeatable but with this team on my side we came out on top. They keep …”

– Angie Garrido

Very happy with our settlement.

“My husband and I were VERY happy with our experience with this firm. They were always caring and really helped us go through this in a very hard time in our lives .We continue to be in touch with the …”

– Lori Rosa

Wow is all I can say.

“It has been a few years now but I needed to post this. My dad suffered so much from Mesothelioma. My brother looked into the law and our rights. Unfortunately he died also before anything was done. It …”

– Carol N.

Their dedication to receive the highest results for their clients was amazing.

“Working with Levy Koningsberg LLP was a very positive experience. Their professionalism and curiosity was outstanding. I was a pleasure working with this firm. Their dedication to receive the highest …”

– Emily DeRogatis.

Such a great team!

“The whole team at Levy, Konigsberg LLP have been extremely professional and kind during our most difficult time. They keep you informed during the process, check in often asking if there are any …”

– Kevin Kober

We definitely got the right law firm!

“Levy Konigsberg represented my daughter Linda, who was diagnosed with mesothelioma at 16 years old. She endured many surgeries and chemotherapy including HIPEC. She traveled the country seeking …”

– Mark Wells

Levy Konigsberg continued to help my family fight for the justice my father deserves.

“Levy Konigsberg was there for my father as soon as he was diagnosed with mesothelioma they helped him get medical treatment in another state that specializes in his condition and even provided housing …”

– Stephanie Vitale