Traumatic Brain Injury Lawyer Queens County, NY
Sustaining a traumatic brain injury can alter every aspect of your life. In Queens County, New York, the legal landscape for brain injury claims is shaped by the state’s pure comparative fault rule and a three‑year statute of limitations. Law Offices Of SRIS, P.C. Concentrates its practice on helping injured individuals and their families pursue compensation for medical expenses, lost income, long‑term care needs, and pain and suffering. Whether the injury arose from a motor vehicle accident, a fall at a construction site, or another incident, Mr. Sris and his Of Counsel team work to build a case that fully reflects the severity of the harm. Our firm serves clients in neighborhoods throughout Queens, including Jamaica, Flushing, Astoria, Long Island City, Forest Hills, and beyond. Reach the firm at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Traumatic Brain Injury Cases Mean in Queens County
A traumatic brain injury (TBI) is often a life‑changing event. Queens County, as part of New York City, presents unique factors—heavy traffic on the Long Island Expressway and the Van Wyck Expressway, busy pedestrian corridors, and a high concentration of construction sites—that contribute to a wide variety of TBI‑producing accidents. From a legal standpoint, New York does not cap compensatory damages in most personal injury actions, meaning an injured person may seek full recovery for economic and non‑economic losses. However, New York follows a “pure” comparative fault rule under C.P.L.R. Article 14‑A, so any percentage of fault attributed to the injured person reduces the recovery proportionally. Therefore, thorough investigation and evidence preservation are critical from the outset.
Personal injury lawsuits in Queens are filed in the New York Supreme Court, Queens County, which has unlimited jurisdiction over monetary claims. The court is located in Jamaica and serves the 11th Judicial District. While the timeline for a traumatic brain injury case depends on the complexity of the medical evidence, the discovery process, and the court’s calendar, a typical path includes a preliminary conference, experienced attorney medical disclosures, depositions, and eventually a compliance conference before trial. Because brain injuries often require long‑term medical monitoring and life care planning, the damages phase demands detailed testimony from neurologists, vocational attorneys, and economists. Law Offices Of SRIS, P.C. has experience presenting that kind of multi‑disciplinary evidence to demonstrate the full extent of an individual’s future needs.
How Mr. Sris and His Of Counsel Handle Traumatic Brain Injury Cases
When you contact the firm, the team begins by gathering all available medical records, accident reports, and witness statements. In a Queens County TBI matter, it is important to identify every potentially responsible party—whether it is a negligent driver, a property owner who failed to maintain safe premises, or a contractor that disregarded safety regulations. Mr. Sris and his Of Counsel work with attorneys in accident reconstruction, neuroradiology, and life care planning to construct a clear picture of how the injury occurred and what future care will be required.
Because New York’s no‑fault insurance system applies only to motor vehicle accident claims (up to a certain threshold of serious injury), cases that meet the serious injury standard or involve non‑auto accidents proceed directly in the Supreme Court. The firm’s attorneys are familiar with the procedural requirements of Queens County Supreme Court, including the Note of Issue and the process for placing a case on the trial calendar. Throughout the litigation, Mr. Sris and his Of Counsel remain focused on reaching a resolution that fairly compensates the injured person, whether through negotiation or trial. For guidance on your specific situation, reach the firm at (888) 437‑7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings to every traumatic brain injury case a thorough understanding of courtroom procedure and evidence evaluation. Over the years, Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team consists of experienced attorneys who concentrate in personal injury litigation, including catastrophic injury claims. Together, they offer multi‑state representation, with admissions in Virginia, Maryland, the District of Columbia, New Jersey, and New York. This cross‑jurisdictional background can be particularly valuable when a Queens County accident involves out‑of‑state drivers or complex choice‑of‑law questions.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: July 2026
Frequently Asked Questions
What is a traumatic brain injury claim?
A traumatic brain injury claim is a civil lawsuit seeking compensation for injuries to the brain caused by someone else’s negligence or wrongful act. In Queens County, such claims often arise from motor vehicle collisions, slips and falls, construction accidents, or assaults. The plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused the brain injury, resulting in measurable damages. Because TBI cases involve significant medical evidence—including CT scans, MRIs, and neuropsychological assessments—an experienced attorney can help present that evidence persuasively. Reach the firm at (888) 437‑7747 to discuss the details.
How long do I have to file a TBI lawsuit in New York?
Under New York law, a personal injury claim, including a traumatic brain injury, generally must be filed within three years from the date of injury (N.Y. C.P.L.R. § 214(5)). Certain shorter deadlines apply to claims against municipalities or public entities, which often require a notice of claim within 90 days. If the injury resulted in death, a wrongful death action must be brought within two years. Missing the applicable deadline can bar the case entirely, so it is wise to consult an attorney soon after the accident. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What damages can I recover in a Queens County traumatic brain injury case?
In a Queens County TBI lawsuit, you may recover economic damages (medical expenses, lost wages, rehabilitation costs, future care) and non‑economic damages (pain and suffering, loss of enjoyment of life, emotional distress). New York does not cap compensatory damages in most personal injury actions, so the amount of recovery is tied to the severity of the injury and its impact on your life. Punitive damages are available only where the defendant’s conduct was wanton or reckless. Because brain injuries often have permanent consequences, a comprehensive life care plan prepared with medical and vocational attorneys can help establish the full financial scope of the harm. Results may vary.
How does New York’s comparative fault rule affect a brain injury claim?
New York applies a “pure” comparative fault rule, meaning even if the injured person was partly at fault, they may still recover damages, but the compensation is reduced by their percentage of fault. For example, if a jury finds you 20% responsible for an accident that caused a traumatic brain injury, your award would be reduced by 20%. This is different from states with modified comparative fault, where a plaintiff is barred from recovering if they are 50% or more at fault. The rule underscores the importance of building a strong liability case from the start to minimize any allegation of plaintiff fault. For guidance on liability questions, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a lawyer for a traumatic brain injury case?
You are not legally required to hire a lawyer to pursue a TBI claim, but the complexity of brain injury litigation makes experienced legal representation highly advisable. Proving a traumatic brain injury often involves multiple medical attorney, navigating New York’s procedural rules, and dealing with insurance companies that may attempt to minimize the claim. An attorney can gather and present medical evidence, calculate future care costs, and negotiate a settlement or try the case in Queens County Supreme Court. To discuss whether legal help is right for your situation, contact Mr. Sris and his Of Counsel at (888) 437‑7747.
Related Practice Areas:
- Personal Injury Lawyer New York County (Manhattan)
- Personal Injury Lawyer Kings County (Brooklyn)
- Personal Injury Lawyer Richmond County (Staten Island)
- Personal Injury Lawyer Nassau County (Long Island)
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