File a New York TBI Claim for Rightful Compensation

If you or someone you love has suffered a traumatic brain injury due to another’s recklessness or wrongdoing, it is well within your rights to seek compensation from the at-fault party. The New York injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, are dedicated to helping TBI victims and their families overcome and recover their losses.

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doctor reviewing x-rays

What Accidents Cause TBIs? What Costs Do They Incur?

Common causes of TBI include auto accidents, slips and falls, motorcycle and bicycle crashes, violent crime, and construction accidents. Depending on the seriousness of the injury and the area of the brain that was affected, the impact of a TBI on a survivor’s life can vary. The following are just some of the issues they may face in the future:

  • Difficulty performing previously routine tasks
  • Difficulty communicating
  • Inability to return to work
  • Immediate medical costs for treatment of injury
  • Ongoing medical costs for rehabilitation or care
  • Additional need for assistance or care from family
  • Additional costs for equipment or medical supplies

The financial consequences of a TBI can be particularly difficult to manage. The combination of loss of employment and additional expenses for medical bills, treatment, and equipment can be crippling for a survivor’s family. Even when someone receives disability payments, that may not be enough to fully compensate them. That’s why filing a personal injury claim is often a financial necessity.

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What Are Types of Recurrent Brain Injuries?

  • Second impact syndrome: This is the medical name for a second TBI that occurs before the symptoms of the first one have cleared - within hours, days, or even weeks. This is tragically common among high-school athletes, who may ignore their symptoms in order to rejoin a game, or who may be told to "walk off" a minor injury by a coach. SIS can result in brain death and coma, and has a mortality rate of nearly 50%. Scientists believe it happens because a second blow takes away the brain's ability to regulate its own blood supply, which quickly leads to swelling that causes the brain to fail.
  • Dementia pugilistica: Also known as chronic traumatic encephalopathy or "punch-drunk syndrome," this brain damage is caused by a patient incurring multiple TBIs over a decade or more. Sufferers gradually lose their memories and other mental abilities, suffer from Parkinson's-like tremors, and may also have problems walking, speaking, and with socially appropriate behavior. Dementia pugilistica also puts victims at increased risk for Alzheimer's disease and other degenerative neurological disorders.

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How Long Do I Have to File a Personal Injury Claim in New York?

For most personal injury claims, the plaintiff has three years from the date of the injury to file a lawsuit. This is why it is important to speak with an experienced NYC attorney as soon as possible.

As a TBI survivor, you and your family are facing are facing a dire financial future. With strong legal representation from the skilled attorneys at WRSMH, you can recover for your current losses, and be compensated for future costs and losses. A personal injury claim will also take into account the non-economic losses you may have suffered, such as pain and suffering, and the loss of enjoyment of life.

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I Have Been Contacted by an Insurance Company, What Do I Do?

If an insurance company contacts you, do not speak to them until you’ve consulted a lawyer. This is true for even your own insurance company. What you say after an accident can damage your case going forward. Refer all insurance company inquiries to your legal counsel.

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Compassionate and Knowledgeable New York Brain Injury Attorneys

Following brain trauma, you and your family have a lot to deal with. Let the compassionate NYC braininjury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, take care of the details of your legal issues, while you focus on your personal needs. Call (212) 986-7353 for a free case evaluation.

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Additional Information

Our Medical Malpractice Case Results

$16 Million - Two Medical Malpractice Cases Involving Brain Damage

Phil Russotti recently obtained settlements for two brain damaged individuals and their families totaling guaranteed payouts in excess of $16,000,000.

Philip Russotti

$12.085 Million - Failure to Timely Deliver an Infant

This is a case involving the failure to timely deliver an infant to a first-time mother and resulting in severe brain damage to the child who is now 6 years old.


$10.7 Million - Medical Malpractice Verdict In Queens County, NY

The female plaintiff fell down a flight of stairs at work and suffered a brain herniation that compressed the brain stem, which she contended was due to delayed treatment at the hospital emergency room.


$10.2 Million - Infant Brain Damage Due to Medical Malpractice in New York

New York lawyer, Philip Russotti, won a $10,200,000 settlement for an infant who has catastrophic neurologic injuries caused by brain damage that resulted from herpes that went undiagnosed in 2003.

Philip Russotti

$8.5 Million - Verdict For NY Stroke Victim

A 62 year-old man suffered a stroke following a delay in surgery and discontinuance of a medication (Heparin) which prevents blood clotting.


$6.6 Million - Improperly Performed Spinal Surgeries

At an extensive settlement mediation prior to jury selection, Phil Russotti settled a medical malpractice action on behalf of a old man against his neurosurgeon for improperly performing two spinal fusion surgeries.

Philip Russotti

$6.2 Million - Highest Personal Injury Verdict in Putnam County History

The plaintiff contended that an orthopedic surgeon failed to take a biopsy before performing surgery to remove a suspected Baker's cyst despite signs on MRI that the growth might be malignant.


$6.15 Million - Negligent Administration of Excessive Steroids For Lupus

Philip Russotti obtained a verdict in a case venued and tried in Hawaii, for approximately six weeks. It was a complex medical malpractice case involving an infant plaintiff who sustained numerous permanent injuries.

Philip Russotti

$6.15 Million - Largest Verdict in Hawaii Personal Injury History

Phil Russotti recently obtained the largest jury verdict in Hawaii in a personal injury suit, a $6.15 million dollar verdict for a 14 year old girl who suffered steroid myopathy.

Philip Russotti

$6.1 Million - Union Plumber in Trip-and-Fall, Medical Malpractice Action

Attorneys with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, obtained a settlement in the amount of $6,100,000 for a 57-year-old union plumber who tripped and fell at a construction site.

Kenneth Halperin, Jason Rubin

$6 Million - Newborn Who Sustained Brain and Kidney Injuries

The firm settled a case involving a newborn who sustained serious injuries during a double exchange transfusion.


$4.5 Million - New York Medical Malpractice Case

Phil Russotti recently settled a case against five doctors after eight weeks of trial for $4.5 million dollars. The case concerned their failure to timely diagnose appendicitis and operate on a 17 year old boy.

Philip Russotti

$4.25 Million - Client Developed Permanent Steroid Myopathy

Phil Russotti obtained the second largest medical malpractice jury verdict in the State of Hawaii's history on behalf of a young woman who developed steroid myopathy after administration of excessive amounts of steroids.

Philip Russotti

$3.75 Million - Recovery For Disabled Siamese Twin in New York

The firm recently obtained an extraordinary settlement in an extremely difficult medical malpractice case.


$3.5 Million - Medical Malpractice/Wrongful Death for Failure to Diagnose

Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Jason Rubin obtained a $3.5 million settlement in a case involving the failure to diagnose acute coronary syndrome in a 34-year-old married father of two children.

Jason Rubin

$3 Million - NY Medical Malpractice/Wrongful Death

Just prior to jury selection, Jason Rubin reached a $3 million settlement in a case arising out of the death of a 35 year old, unmarried mother of four.

Jason Rubin

$3 Million - Patient Develops Toxic Epidermal Necrolysis Due to Medication

Jason Rubin successfully represented a young man who experienced a severe case of toxic epidermal necrolysis due to medication.

Jason Rubin

$3 Million - Woman Died of Ovarian Cancer

Phil Russotti and Jason Rubin obtained a $3 million settlement in a medical malpractice/wrongful death case, involving a 59 year old woman who died of ovarian cancer.

Philip Russotti, Jason Rubin

$2.95 Million - Wrongful Death Claim in New York

After a month-long trial and during jury deliberations, Jason Rubin settled a medical malpractice/wrongful death case for $2.95 million.

Jason Rubin

$2.75 Million - Fatal Medical Malpractice

Prior to trial, Jason Rubin obtained a $2.75 million settlement in a medical malpractice case involving injuries sustained by an infant at birth, which lead to his death six years later.

Jason Rubin

Click here to see more NY Medical Malpractice Verdicts & Settlements