Why Hiring an Attorney Matters After a Traumatic Brain Injury in a New York Car Accident
Feb. 4, 2026
A car crash is always jarring. But when it results in a traumatic brain injury (TBI) — even a so-called “mild” concussion — the physical, emotional, and financial impacts can be life-altering. In New York State, and especially in busy Westchester communities like Ossining, White Plains, Mt. Kisco, Yonkers, or New Rochelle, having an experienced attorney is not just helpful — it can be essential to your recovery and financial future.
1. Traumatic Brain Injuries Are Complex and Long-Term
A TBI from a car collision doesn’t just mean headaches or dizziness — it can affect memory, cognition, emotional regulation, employment ability, and quality of life for years or even permanently. Insurance companies often overlook long-term effects and undervalue these injuries. An attorney who understands brain trauma can help ensure that your claim reflects both Immediate medical costs and future needs such as rehabilitation, lost income, and support services.
2. New York’s No-Fault System Doesn’t Cover It All
New York is a no-fault insurance state, meaning your own auto insurance initially pays for your medical bills and lost income after a crash — regardless of who caused the accident. But no-fault benefits have limits (often up to $50,000), and they do not cover pain and suffering or many long-term damages associated with TBIs. To recover beyond basic benefits, you must meet the state’s “serious injury” threshold or file additional legal claims.
A skilled attorney knows how to navigate no-fault benefits and pursue claims for additional compensation when the injury clearly exceeds those limits.
3. Retaining a Lawyer Protects Your Rights Early
New York’s statute of limitations generally gives you three years from the date of the accident to file a lawsuit; missing this deadline can bar your case entirely. But more importantly, attorneys help preserve evidence, gather medical documentation, interview witnesses, and build your case before memories fade or records slip away.
4. Attorneys Handle Insurance Company Tactics
Insurance adjusters are trained to minimize payouts — especially large, complex ones like those involving brain injuries. They might push for early settlements before all medical impacts are known or try to shift blame through comparative negligence rules. In New York, your compensation can be reduced proportionally if you are found partially at fault, even slightly.
Your attorney acts as a buffer — communicating with insurers on your behalf and fighting undervalued offers so you don’t settle for less than you deserve.
5. Compensation Can Include Much More Than Medical Bills
Beyond immediate costs, TBIs often warrant compensation for:
Future medical care and rehabilitative therapy
Lost wages and reduced earning capacity
Pain and suffering, emotional stress, and life disruptions
Support for necessary lifestyle adjustments and caregiving needs
Without legal help, you could leave significant money on the table — money that can make a difference in your or your family’s life.
6. Local Communities in Westchester Face Unique Traffic Risks
Whether it’s the busy thoroughfares of White Plains, commuter routes near Yonkers, or suburban roads around Ossining, Mt. Kisco, and New Rochelle, car accidents happen frequently in these Westchester communities. Local injury attorneys understand regional traffic patterns, local court systems, and the practical realities of New York law, giving you an added advantage when pursuing compensation.
7. Many Attorneys Work on a Contingency Basis
Worried about legal fees? In New York the vast majority of personal injury and TBI lawyers work on a contingency fee basis — meaning you don’t pay unless they win your case. This structure allows seriously injured victims to pursue justice without upfront costs.
Conclusion
If you or a loved one has suffered a traumatic brain injury in a car accident in New York — especially in Westchester towns like Ossining, White Plains, Mt. Kisco, Yonkers, or New Rochelle — retaining a knowledgeable attorney isn’t just advisable — it’s critical.
From navigating insurance complexities and deadlines to securing maximum compensation for long-term care and lost opportunities, a skilled lawyer helps protect your rights and your future at every step of the recovery process.
At the Law Offices of Spencer M. Fein, P.C., we have fought for the rights of our clients against insurance companies and negligent drivers since the inception of the firm. It is our practice to thoroughly investigate every case and utilize the best expert witnesses to win for our clients the maximum compensation available to them under the law. We are prepared to help you deal with any legal problems that arise from an auto accident in Ossining, Briarcliff Manor, White Plains, Yonkers, NY, or anywhere in Westchester County, NY or the state of New York.