Posted on 04/20/26
In New York, traumatic brain injury (TBI) damages include medical bills, lost wages, pain and suffering, loss of enjoyment of life, and future care costs, intended to compensate the victim for the full impact of the injury. When a TBI occurs, the consequences ripple through every part of a person’s life, including how they think, work, and interact with their family.
In legal terms, damages you receive during a Buffalo brain injury lawsuit are the court’s way of balancing the scales. Because the brain affects nearly every bodily function, these cases often involve complex damages that go far beyond a simple hospital bill.
Economic Damages (Financial Losses)
Economic damages are the measurable out-of-pocket losses caused by the injury. They often include:
- Medical bills, including emergency care, hospitalization, surgery, medication, and imaging
- Future medical expenses, such as neurological treatment or rehabilitation
- Lost wages from time missed at work
- Reduced earning capacity if the injury limits future employment
- Costs of therapy, assistive devices, or home health care
- Household services that the injured person can no longer perform
These damages often rely on medical records, employment history, and expert opinions about the injury’s long-term effects.
Non-Economic Damages (Human Impact)
A Buffalo brain injury attorney knows that the most profound losses are often the ones that do not come with a price tag. Non-economic damages compensate for the human experience of the injury.
Brain injuries are unique because they often cause invisible symptoms. A victim might look fine physically but struggle with severe memory loss, personality changes, or debilitating anxiety. New York law allows for compensation for physical pain, emotional distress, loss of independence, and the loss of enjoyment of life. These damages reflect the real-life impact of a brain injury beyond financial loss.
The Serious Injury Threshold in New York
New York is a no-fault insurance state for many motor vehicle accidents. This means your own insurance (PIP) typically covers basic medical bills and some lost wages initially. However, to sue for pain and suffering, the law requires you to prove you suffered a serious injury.
Another way to qualify is through the 90/180-day rule. If your TBI prevents you from performing substantially all of the material activities that make up your normal daily routine for at least 90 of the first 180 days following the accident, you may pursue pain and suffering damages. This rule is particularly helpful for TBI survivors whose symptoms, like chronic fatigue or cognitive fog, make it impossible to return to their normal routine even if they look fine to a casual observer. When you meet this threshold, Towey Law, PLLC can pursue a lawsuit for the full scope of your injury’s impact.
Future Care and Potential TBI Claim Value in Buffalo
Because the brain heals slowly, or sometimes not at all, many claims must account for decades of future care. This includes assisted living, home modifications, or career retraining. The value of a TBI claim varies widely by severity. While a mild concussion may result in a smaller settlement, severe injuries involving permanent disability often lead to larger recoveries.
No two brain injuries are identical. Whether it is a slow recovery or a lifelong adjustment, the goal of these damages is to give you the financial stability to focus on your health rather than your bills.