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A brain injury changes what you can do, earn, and remember. If a crash, fall, or unsafe worksite in Brooklyn caused yours, a Brooklyn brain injury lawyer at MooreJustice Accident & Injury Lawyers can explain what New York law lets you pursue. Our attorneys handle traumatic brain injury (TBI) claims throughout Kings County, and we manage the insurance carriers so you can concentrate on treatment.
New York applies rules to these claims that most people never hear about: A no-fault threshold, a shared-fault standard that changed in 2026, and a short deadline when a public agency is involved. Missing any one of them can end a claim before anyone reviews your medical records. Call (917) 809-7014 for a free case evaluation.
You deserve answers, accountability,
and full compensation
We built this firm around serious injury work rather than volume settlements. The Law Offices of Darren T. Moore, P.C. has obtained results including $11,250,000 for a construction worker who fell through a hole on a job site, $5,025,000 in a three-car collision, and $3,300,000 for a driver struck by a tractor-trailer. Prior results, however, do not guarantee a similar outcome.
Super Lawyers, the National Trial Lawyers Top 100, and the New York State Bar Association recognize our firm, and we hold an Avvo Clients' Choice award and BBB accreditation. Published client reviews describe a team that answers the phone and keeps people current, which matters when memory and concentration are part of the injury.
Brain injury claims sit where two of our strongest practice areas meet. Our New York City brain injury lawyers handle these cases across all five boroughs, and our Brooklyn personal injury lawyers know the local carriers, defense firms, and courts. We take brain injury cases on a contingency fee basis, our phones are staffed 24 hours a day, and hablamos Español.
Proving negligence is only part of a Brooklyn brain injury case. New York adds two more rules, and together they determine how much of your loss you can recover.
If your brain injury came from a motor vehicle crash, the no-fault system controls what you may sue for. Under Insurance Law Section 5102(d), you can recover pain and suffering only when the injury falls within a defined category. The following categories most often fit a TBI:
Meeting that standard is a medical proof problem, not a paperwork problem. We work with treating neurologists and neuropsychologists to document limitations in objective terms a carrier cannot dismiss. Insurers frequently argue that a documented concussion falls short of the statute, so the medical record has to speak in terms of lost function rather than diagnosis alone.
CPLR 1411 still works that way for most claims, including falls and construction accidents. However, a 2026 amendment changed the rule for motor vehicle cases subject to Article 51 of the Insurance Law.
In motor vehicle crash claims, fault greater than the other party (or parties) now bars recovery entirely. An even split still permits recovery; being blamed for most of a crash no longer does. Carriers have a fresh incentive to push fault onto an injured driver, which is why we investigate liability in the first days rather than the first month.
Who the responsible party turns out to be shapes everything that follows: The deadline, the insurance available, and the evidence we chase first.
Deadlines decide brain injury claims more often than liability does. CPLR 214 requires most personal injury lawsuits in New York to begin within 3 years. Brain injuries complicate that timeline, because symptoms such as memory loss, irritability, and light sensitivity often surface weeks later, so the calendar runs while the injury is still being diagnosed.
Different claims arising from the same event can also carry different deadlines, which is why we map every potential defendant before anything gets filed.
A public defendant compresses everything. Under General Municipal Law Section 50-e, a tort claim against a public corporation requires a sworn notice of claim served within 90 days after the claim arises. In wrongful death actions, those 90 days run from the appointment of a representative of the estate.
Serve that notice late, and the claim can be lost no matter how strong the underlying evidence is.
Evidence keeps its own clock. Footage gets overwritten, worksites get cleared, and witnesses move away. If you are unsure which deadline applies to your situation, call (917) 809-7014 and ask before the shortest one passes.
Brooklyn injury lawsuits are generally filed in Kings County Supreme Court, Civil Term at 360 Adams Street. That courthouse handles all non-criminal matters and describes itself as the busiest civil term in New York State.
Volume affects strategy. Conferences, motion practice, and trial dates move with the court's schedule, and a file that isn't ready when it is reached loses leverage. Our attorneys prepare brain injury cases assuming they will be tried, because carriers evaluate a case differently when the other side is prepared for trial.
That preparation includes neuropsychological testing, vocational analysis of what work remains possible, and testimony from the people who knew you before the injury.
Yes, up to a limit. Insurance Law Section 5102(a) defines basic economic loss as up to $50,000 per person. That figure covers necessary medical and hospital expenses, plus lost earnings of up to $2,000 per month for up to 3 years after the accident. Serious brain injuries typically exceed that ceiling, which is when a claim against the responsible party becomes necessary.
In a motor vehicle case, yes. Non-economic damages are available only when the injury fits a category listed in Insurance Law Section 5102(d). Claims that do not involve a covered motor vehicle, such as a fall on unsafe property or a construction site injury, are not subject to that threshold.
Often, yes. Outside motor vehicle claims, your share of fault reduces damages proportionally instead of ending the case. In crash claims governed by Article 51, recovery is barred only when your fault is greater than the other party's fault (or the combined fault of all defendants).
Those defendants are public corporations, so the 90-day notice-of-claim requirement applies. Identifying the correct agency quickly matters, because serving the wrong entity consumes the same 90 days.
Neuropsychological testing measures processing speed, memory, and executive function against expected baselines. Accounts from family members, supervisors, and coworkers describing the changes they observed frequently carry real weight.
Our office sits at 171 Madison Avenue in Manhattan, a short trip from downtown Brooklyn, and we serve Kings County clients from there. When a brain injury makes travel difficult, we can meet you by phone, video, or in person. Someone answers our line 24 hours a day.
A brain injury claim rises or falls on early decisions: Documenting the diagnosis, identifying every responsible party, and meeting whichever deadline is shortest. Founding attorney Darren T. Moore has more than 17 years of experience representing injured New Yorkers, and managing attorney Nicholas Blatti handles these cases alongside him.
We will review what happened, tell you honestly whether a claim is worth pursuing, and explain what pursuing it would take. The Law Offices of Darren T. Moore, P.C. accepts brain injury cases on a contingency fee basis, so you don't pay anything up front.
Call a Brooklyn brain injury lawyer at MooreJustice Accident & Injury Lawyers today at (917) 809-7014 for a free case evaluation.
Darren Moore is the founder of The Law Offices of Darren T. Moore, P.C. and a dedicated New York personal injury attorney. Known for his relentless advocacy and client-focused approach, he has spent his career helping injury victims pursue justice and recover the compensation they deserve. Darren handles a wide range of personal injury matters and is committed to delivering personalized representation for every client.
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