A closeup of an MRI scan of a brain after an injury.

Traumatic brain injuries (TBIs) can be life-altering events, with the potential for significant physical, emotional, and financial consequences. When a TBI is the result of someone else’s negligence or wrongful conduct, pursuing a legal claim may be necessary to secure compensation for medical expenses, lost wages, and other damages. However, there is a crucial element that all potential claimants must consider – the statute of limitations. In New York, as in many other states, there is a time limit for filing a traumatic brain injury lawsuit. 

Statute of Limitations for Personal Injury Cases in New York

The statute of limitations is a fundamental legal concept that dictates the time within which a lawsuit must be filed. Failure to initiate a lawsuit within this specified period can result in the claim being forever barred. In New York, the statute of limitations for personal injury claims, including traumatic brain injuries, is typically three years from the date of the injury.

This means that if you suffer a traumatic brain injury due to another party’s negligence, you generally have three years from the date of the injury to file a lawsuit seeking compensation. It is essential to be aware of this deadline and take action promptly if you believe you have a valid TBI claim.

Exceptions to the Three-Year Rule

While the three-year statute of limitations is the standard for personal injury claims in New York, there are circumstances that can extend or limit this time frame. It is crucial to be aware of these exceptions to ensure you do not miss your opportunity to seek compensation for your traumatic brain injury.

Discovery Rule: In some cases, it may not be immediately apparent that a TBI has occurred. This can happen when the injury’s symptoms are not immediately visible or when the true extent of the injury only becomes apparent after some time has passed. New York follows the discovery rule, which means that the statute of limitations may not begin until the date the injury is discovered or should have been discovered through reasonable diligence.

Minors: If the victim of a traumatic brain injury is a minor at the time of the incident, the three-year statute of limitations may not begin until the injured party turns 18. However, it is essential to note that once a minor reaches the age of 18, the regular three-year statute of limitations will apply. Parents or legal guardians can also file a lawsuit on behalf of a minor, and the minor will have three years from their 18th birthday to file a lawsuit themselves.

Government Entities: If the entity responsible for your injury is a government agency, special rules and shorter time limits may apply. Claims against government entities often require that a notice of claim be filed within a very limited timeframe, which can be as short as 90 days from the date of the incident.

Medical Malpractice: In cases where medical malpractice leads to a traumatic brain injury, the statute of limitations is different. Generally, the clock starts running from the date of the medical error or malpractice rather than the date of injury. Medical malpractice cases have their own complex rules, making it vital to consult with an attorney as soon as possible to ensure you meet all necessary deadlines.

Why It’s Crucial to Act Promptly

It cannot be stressed enough how important it is to initiate a traumatic brain injury lawsuit within the applicable statute of limitations. Failing to do so can result in the forfeiture of your right to seek compensation, leaving you to bear the financial burden of medical bills, lost income, and other damages. Time can be a critical factor in gathering evidence, identifying witnesses, and building a strong case to support your claim.

Furthermore, the longer you wait to consult an attorney and initiate legal action, the more challenging it can become to establish the causal link between the TBI and the responsible party’s negligence. Evidence may become lost or deteriorate over time, and the memories of witnesses may fade.

Seeking Legal Representation

If you have suffered a traumatic brain injury and believe another party is at fault, it is essential to consult an experienced personal injury attorney as soon as possible. A knowledgeable attorney can evaluate the circumstances of your case, determine whether you have a viable claim, and guide you through the legal process.

Here are some reasons why seeking legal representation is crucial:

  • Legal Expertise: An attorney who specializes in personal injury cases, including traumatic brain injuries, can provide you with legal expertise to help you navigate the complexities of the legal system.
  • Investigation: Attorneys have the resources and knowledge to investigate your case thoroughly. They can gather evidence, identify witnesses, and consult with experts to strengthen your claim.
  • Negotiation: A skilled attorney can negotiate with insurance companies and at-fault parties on your behalf to secure a fair settlement. They can also advise you on whether to accept a settlement offer or pursue a lawsuit.
  • Litigation: If a fair settlement cannot be reached through negotiation, your attorney can prepare and file a lawsuit, represent you in court, and advocate for your rights.

If you or a loved one has suffered a traumatic brain injury in New York, understanding the statute of limitations is critical. By acting quickly and seeking legal representation, you can begin the process of securing the compensation you need to cover medical expenses, lost wages, and other damages resulting from your traumatic brain injury. Remember that time is of the essence, so don’t delay in pursuing justice and holding those responsible for your injury accountable.

Call TonaLaw if You Have Suffered a TBIin New York

We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.

What Our Clients Are Saying

TonaLawExcellentTonaLaw5.0 Based on 396 reviews fromSee all reviews review us onRose FrancisqueRose Francisque ★★★★★ Kj MuchKj Much ★★★★★ The whole team has been extremely passionate, caring and understanding thru this whole process. This was a first for me. The firm came highly recommended thank you Ralph.Special thanks to Jayda a Ana. Thanks again.RONZA DIGIORGIORONZA DIGIORGIO ★★★★★ I was referred to Tona law by a friend following a horrific accident. Mr. Tona himself called me immediately from his family vacation and set me up with a team of professional , caring people that guided me through my recovery every step of the way. I would give 10 stars if i could !Muhammad KhanMuhammad Khan ★★★★★ Jayda and laureen are so nice and professional and they really helped me from start to finish and they always respond me back. Please get help from tonalaw if you need any in regards to accidents. ThanksRoxana PachecoRoxana Pacheco ★★★★★ My father, seek them out for a case in December and Ana has been fantastic. Ana has reassured all his concerns and has been nothing but amazing with any follow up questions that we have had. Besides being very compassionate, and friendly she’s also bilingual! Definitely would recommend anyone to TonaLaw!Response from the ownerThank you so much for your review! We're thrilled to hear about your positive experience with Ana and how she has been able to address all of your concerns with care and professionalism. We sincerely appreciate your recommendation and are here for any further assistance you might need. Best wishes from the TonaLaw team! Anthal ArizagaAnthal Arizaga ★★★★★ Penelope is so helpful and very easy to talk too, I’d recommended this law firm to anyone who is involved in an accident! You will be taken care of!Response from the ownerThank you so much for your wonderful review and recommendation! David KesslerDavid Kessler ★★★★★ Excellent law firm. Top notch attorneys and the friendliest receptionist Robin who was my first contact with the firm and her reception of me made me feel that I had made the right decision in finding a firm with people who really cared about meVanessa LopezVanessa Lopez ★★★★★ I have known Lauren for years and can confidently say, she goes above and beyond for her clients. She is always willing to help and go the extra mile and it is so very appreciated!Response from the ownerVanessa, thank you so much for this wonderful review! Julee HutchisonJulee Hutchison ★★★★★ I was given the opportunity to create and produce a newsletter for TonaLaw. Juliet Accomando directed the project and I found the whole experience to be very professional and well organized. Juliet was receptive to design ideas, responsive to emails and appreciative of our working relationship. It was a pleasure to work with TonaLaw. I look forward to future projects.Response from the ownerThank you so much for taking the time to leave such a fantastic review! We are thrilled to hear that you enjoyed the experience of creating the newsletter for TonaLaw. We truly appreciate your kind words about Juliet as well. We are equally excited about our upcoming projects! Marina DelfelMarina Delfel ★★★★★ Tona Law has been wonderful and so, so easy to work with! The entirety of my time working with them, their team has been extremely professional, kind and dedicated! I am so happy to have gotten to work with such an amazing team!Response from the ownerWe're incredibly grateful for your kind words about your experience working with Tona Law. Thank you so much Marina! Lydia KaboolianLydia Kaboolian ★★★★★ Response from the ownerThank you for your review! Karen RadoslovichKaren Radoslovich ★★★★★ My interactions with Janira have been wonderful! She's always upbeat, knowledgeable, 100% approachable....and thinking out of the box. I look forward to working with her on many future projects.Response from the ownerThank you so much for taking the time to share your positive experience with Janira! We're thrilled to hear that your interactions with her have been wonderful. Your kind words mean a lot to us and motivate us to keep exceeding expectations. Robert J McCarrollRobert J McCarroll ★★★★★ Everything I've had to do with the firm is positive. Everyone at Tona Law has always been a pleasure to work with and very prompt and professional. I look forward to serving them again!Response from the ownerThank you for leaving such a wonderful review about our team. We appreciate your kind words! Daniel FeimanDaniel Feiman ★★★★★ Everyone at Tona Law is great to work with. I enjoy all of our interactions.Response from the ownerThank you so much for your kind words! We truly appreciate you taking the time to leave us a review, and it means a lot to hear that you enjoy our interactions. Ed AlexanderEd Alexander ★★★★★ Tom is a great lawyer, but more importantly, Tom is a relatable person. My friend and colleague for over a decade, I’ve watched his dynamic entrepreneurial take-charge style develop a hard charging firm with a supportive culture and a team that does excellent work, achieves great results, and truly cares about clients. Tom’s energy is contagious – I always get a boost when I spend time with him. I highly recommend Tona Law.Response from the ownerEd, thank you so much for this amazing review. Your recognition of our hard work means the world to us especially because we pride ourselves on our client care and results. We appreciate your recommendation! MJPT-1MJPT-1 ★★★★★ Working with TonaLaw has been a wonderful experience. The kind staff which I am very pleased with is always professional and attentive. I highly recommend!Response from the ownerYour kind words about our team truly warm our hearts! We strive to provide a professional and attentive experience for every client, and it's so rewarding to know we're succeeding. Thank you for choosing TonaLaw and for the wonderful recommendation! Mitchell YorkMitchell York ★★★★★ Tom Tona and all the professionals at Tona Law have a deep commitment for fighting for what’s right. The firm is relentlessly focused on their clients’ cases, as a matter of empathy and professional pride. The company is process driven and disciplined in everything they do.Response from the ownerThank you for your wonderful 5-star review! Your acknowledgment of our dedication and disciplined approach truly means a lot to us. We remain committed to delivering the best for our clients and are grateful for your trust and support. Vanessa VajkoVanessa Vajko ★★★★★ TonaLaw has an amazing scholarship program opportunity for fellow veterans and incredibly kind people to talk with! The application process was also fairly prompt and seamless. I am so grateful for this scholarship and highly recommend that other veterans get on board with applying. Thank you again!!! :)Response from the ownerThank you for applying to our scholarship and for sharing your experience! It is a pleasure to be able to assist you in your education journey. Thank you for leaving such a thoughtful review and thank you for your service! Jennifer CaceresJennifer Caceres ★★★★★ I highly recommend using tonalaw. Lauren and Jada are amazing. Any questions or concerns I had they answered. I am happy I choose tonalaw .Response from the ownerThank you so much for your review Jennifer! We are so glad to hear that you were pleased with our responsiveness and thoroughness in addressing your questions and concerns. Your feedback is invaluable to us, and we are committed to providing our clients with the best possible legal representation. Thank you again for your kind words. We are honored to have you as a client. Carlos UmanaCarlos Umana ★★★★★ Excelente atención buena comunicación contestan mis preguntas con sinceridadResponse from the ownerThank you so much for your review Carlos! Your feedback is invaluable to us, and we will continue to strive to provide you and all of our customers with the outstanding service you deserve. Yanira Del ValleYanira Del Valle ★★★★★ Mr. Tona is such a wonderful human and attorney. So helpful, without a second thought, he shares his knowledge and experience. He helps makes this Plaintiff community a better one. Thank you!!!Response from the ownerThank you Yanira! It was so great meeting you. Marvin SortoMarvin Sorto ★★★★★ TonaLaw is a very reputable firm. Ana is such a great asset to the firm. She is also bilingual with many years of experienceResponse from the ownerThank you for your kind words Marvin! gary gundersengary gundersen ★★★★★ I’ve been to tona law several times already and I’ve had the pleasure to deal with Ana both time and she was amazing. Made sure all paperwork was in order and is super thorough with everything. Highly recommendedResponse from the ownerThank you so much for taking the time to share your positive experience with us at Tona Law. We are so glad to hear that you were pleased with the services provided by Ana. We are committed to providing our clients with the highest quality legal representation, and we are always striving to exceed expectations. Jennifer PorterJennifer Porter ★★★★★ Tom Tona puts so much emphasis and effort into developing a fantastic law firm, delivering excellent results for their clients and also staying at the forefront of law firm management skills. I am super impressed by my conversation and interaction with Tom and am happy to recommend him!Response from the ownerJennifer, thank you so much for this wonderful review. We are delighted to hear that you were impressed with your conversation and interaction with Tom. We strive to provide a positive and supportive experience for all of our clients, and we are so glad to hear you had such a positive interaction with Mr. Tona. Thank you again for your kind words. Janet SowinskiJanet Sowinski ★★★★★ Lauren, one of the paralegals at Tona Law is very knowledgeable, compassionate and very professional. She genuinely cares for her clients and is always willing to go the extra mile to help. Having known her for several years, i can confidently recommend both Lauren and Tona Law to anyone seeking great assistance.Carmen SandovalCarmen Sandoval ★★★★★ Quiero darles las gracias por haberme representado en mi caso, felizmente estos abogados lograron ganar ni caso, y estoy muy satisfecha por su gran trabajo, hablan español y la señorita Ana es muy atenta y cordial y amable con sus clientes, muchisinas gracias x sus servicios ademas de ser rapidos, nos ayudan mucho especialmente a las personas qué sólo hablamos español, les recomiendo este servicio de abogados muy honestos. Muchas gracias👌😘Miguel MenaMiguel Mena ★★★★★ Ana is extremely knowledgeable and a great asset to your firm! Definitely will be coming back.Sandie RivasSandie Rivas ★★★★★ Ana is amazing! Working with her was extremely enjoyable. She is a great asset to Tonalaw and always eager to help!Darwin RomeroDarwin Romero ★★★★★ Ana was an absolute pleasure. She was incredibly knowledgeable and thoughtful throughout the entire process. Highly recommend!Emma SortoEmma Sorto ★★★★★ Ana is a wonderful personal. She is very talented and very hardworking. Best thing is that she is bilingual! Always willing to help anyone who is in need of a hand! You are in great hands at Tona Law!nicole garcianicole garcia ★★★★★ Couldn’t recommend Lauren more!!! I’ve known Lauren for years, she is a dedicated, hard worker and is so professional when it comes to her job. She really cares about her clients and doing the best for them.Dolceprincipessa xoDolceprincipessa xo ★★★★★ I highly recommend Will Ramos as a lawyer. He is a true professional. He explained my options with me and was very accessible & kept me updated! I also had the pleasure of working with Jayden. She was great as well. They assisted with my case and helped me tremendously! Highly recommend :)yessenia lopez ramosyessenia lopez ramos ★★★★★ I have know Attorney Will Ramos for many years. He is very detail oriented, a great advocate, and an empathetic individual.I have referred a few clients during their time of need over to Will and the friendly staff at Tona Law. He is willing to go above and beyond for others.CARLOS RODRIGUEZCARLOS RODRIGUEZ ★★★★★ I have known Will Ramos for 15 plus years and can attest to his character in placing the needs for others above his own. He is an asset to any organization and a team player with positive attitude.Jessica MalaveJessica Malave ★★★★★ I’ve known attorney Will Ramos for 16 years he always places the needs of others above his own. He is a caring man and super understanding and has a big heart.Bianca RamosBianca Ramos ★★★★★ Attorney Will Ramos is awesome the law firm is lucky to have someone like him part of their team. He genuinely cares for others and is always willing to lend a helping hand.Response from the ownerBianca, thank you for leaving a wonderful review for our firm. We are lucky to have Will Ramos as part of our team! Arianna RamosArianna Ramos ★★★★★ Attorney Will Ramos is nothing short of dedicated and hard working. Each case he works on demonstrates his passion for law and his care for his clients.Response from the ownerThank you for your review, Arianna! Will Ramos has been a wonderful asset to our team. JenneferJennefer ★★★★★ I've had the pleasure of knowing Lauren for quite a while now, and I must say, her dedication to her clients is truly remarkable. She takes immense pride in her work as a professional she seamlessly balances her role at Tona Law, where she's involved in legal matters. Having seen her commitment and skill firsthand, I can confidently recommend both Lauren and Tona Law to anyone seeking top-notch assistance.Celine Aubry-DumandCeline Aubry-Dumand ★★★★★ I had a great experience working with TonaLaw.The team was really friendly and helpful throughout the entire process.Response from the ownerCeline, thank you so much for taking the time to leave a review for our firm. We are so grateful we were able to help you and provide you with a great experience. Thank you! Adam OmallyAdam Omally ★★★★★ I have known Lauren one of the paralegals at Tona law for many years and she is dedicated to her profession and helping her clients. Wonderful person.Alexandra RandazzoAlexandra Randazzo ★★★★★ Lauren at TonaLaw was extremely helpful! She was so nice and professional. I highly recommend asking for her!Margaret CaschettaMargaret Caschetta ★★★★★ I have known Lauren for a long time and she’s always been dedicated to her job! Excellent at anything she’s ever done.NICOLE GUASTONICOLE GUASTO ★★★★★ Lauren’s great- reliable empathetic the whole package - years of knowing her I wouldn’t ask for anyone elseKeith MaederKeith Maeder ★★★★★ I have known Lauren, one of the paralegals, for many years. Her client first approach is second to none. She is knowledgeable and professional. She as an asset to both her clients and Tona Law.Emily PadillaEmily Padilla ★★★★★ Ana was super professional and very polite! Answered all the questions that was needed! Highly recommend, wish I can give 10 stars!Kailynn ApolinarisKailynn Apolinaris ★★★★★ Ana is amazing! As an old coworker I can say Ana is always ready to assist. She is a great asset to anyone lucky enough to work with her.Response from the ownerKailynn, thank you for leaving a wonderful review for our firm. Ana is truly a wonderful part of our team! peter alsenpeter alsen ★★★★★ In all of my dealings with the TonaLaw office, the lawyers and staff have been excellent.They have earned my confidence and trust.Response from the ownerWe are so pleased to hear that you’ve had such a great experience with our team. Your confidence and trust in our firm is greatly appreciated! Thank you so much for your review! Ashley VelazquezAshley Velazquez ★★★★★ Ana was knowledgeable, courteous & helpful throughout everything! She was willing to go the extra mile! It was a delight working with her. You’re in great hands when working with Ana!!Patty RivasPatty Rivas ★★★★★ The team is fantastic. I worked with Ana directly and appreciated how quickly she was able to respond back to me and provide efficient, excellent results. I would work with her again!Response from the ownerThank you so much for your kind words about Ana and the rest of our team! Patricia WernerPatricia Werner ★★★★★ Ana was phenomenal. What a great asset to Tona Law!js_loader