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March is Brain Injury Awareness Month – Why These Injuries Are Often Overlooked in Personal Injury Cases

Image of head and face with all the brain stems highlighted

When people think of serious injuries after an accident, they often picture broken bones, visible wounds, or surgeries that require lengthy hospital stays. But one of the most serious and life-altering injuries—traumatic brain injury (TBI)—is also one of the most frequently overlooked in personal injury cases.

At Gropper & Nejat, we have seen firsthand how devastating an undiagnosed or underestimated brain injury can be. As a team of personal injury attorneys, our mission is not only to pursue the maximum financial recovery for our clients, but also to ensure that their injuries are fully recognized, properly documented, and taken seriously.

The Hidden Nature of Traumatic Brain Injuries

Unlike fractures or external injuries, traumatic brain injuries are often invisible. Many TBIs occur without loss of consciousness, bleeding, or obvious trauma to the head. A client may walk away from a car accident believing that they are “fine,” after a negative CT exam at the hospital, only to experience symptoms days or weeks later.

Common symptoms of TBIs include:

  • Persistent headaches or migraines
  • Memory loss or difficulty concentrating
  • Mood changes, anxiety, or depression
  • Sleep disturbances
  • Sensitivity to light or noise

Because these symptoms can be subtle or delayed, they are frequently dismissed as stress, fatigue, or emotional shock—both by medical providers and insurance companies.

Insurance Companies Often Downplay Brain Injuries

Insurance companies are not in the business of protecting injured victims—they are in the business of minimizing payouts. When a traumatic brain injury does not show up clearly on CT imaging or in emergency room records, insurers often argue that the injury is minor, unrelated, or pre-existing.

Without strong legal advocacy, many victims are pressured into settling their claims before the full impact of a brain injury becomes clear. Once a settlement is finalized, there is no opportunity to seek additional compensation—even if symptoms worsen over time.

The Long-Term Impact of an Overlooked TBI

Traumatic brain injuries can affect every aspect of a person’s life. A mild TBI can still interfere with a client’s ability to work, maintain relationships, and enjoy everyday activities. In more serious cases, TBIs may require ongoing medical treatment, cognitive therapy, and long-term care.

Why Legal Experience Makes a Difference

Properly handling a traumatic brain injury case requires more than filing paperwork. It demands:

  • A thorough investigation of the accident
  • Collaboration with medical professionals and specialists
  • Clear documentation of cognitive and emotional changes
  • A legal strategy that anticipates insurance company defenses

At Gropper & Nejat, we take the time to truly listen to our clients. We understand that no two injuries—and no two people—are the same. Our approach is rooted in compassion, diligence, and an unwavering commitment to securing the best possible outcome for those whom we represent.

You Deserve to Be Heard—and Fully Compensated

If you or a loved one has been injured in an accident and are experiencing lingering symptoms that don’t feel right, trust your instincts. A traumatic brain injury should never be ignored or minimized.

You don’t have to navigate this alone. Our team at Gropper & Nejat is here to help you understand your rights, evaluate your case, and pursue the compensation you deserve—so you can focus on healing.

Resources:

Traumatic Brain Injury – What is it? 
Brain Injury Diagnosis

Contact us today for a confidential consultation and let us advocate for your future with the care, respect, and determination you deserve.

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Burn Injuries: Will Your Settlement Cover Long-Term Costs?

surgery room

February 1–7 marked Burn Awareness Week, a time to recognize the serious and often lifelong challenges faced by burn injury survivors.

While some injuries heal with time, burns are uniquely complex – both medically and financially. From multiple surgeries to lasting disfigurement and mobility challenges, the aftermath of a burn can involve far more than immediate treatment and expenses.

Here’s what to consider when evaluating whether a settlement offer will cover the full scope of your future needs.

Beyond Hospital Bills

Unlike many other injuries, the road to recovery from a burn is rarely straightforward. Many survivors require ongoing procedures, such as skin grafts or “release” surgeries to relieve tightness caused by scarring. Others may need prosthetics, specialized wheelchairs, or transportation if driving is no longer possible. Homes may have to be modified – think ramps, lifts, grab bars, or accessible bathrooms – and health aides or physical therapists may be necessary for years to come. These are not one-time expenses, but ongoing needs that can persist for a lifetime.

Understanding the Real Value of a Case

When you begin to factor in all of these long-term costs, what seems like a large settlement at first glance may not be enough. After legal fees, medical liens, and other deductions, the actual amount in hand can be significantly less – and it can disappear quickly once future costs start piling up. That’s why it’s so important to take a long view when deciding whether to accept a settlement. To support this process, we regularly utilize qualified life care planners and other experts, that can blackboard future costs and expenses, helping a jury to reach a just and fair result.

How We Can Help

Through both my brother’s journey with a burn injury and my experience supporting other burn survivors and their families, I know how critical it is to fight for a settlement or verdict that truly accounts for the long-term. If you have questions or need guidance, I’m here to listen and to help. Schedule a free, no-obligation case evaluation or call us at (212) 366-4600. 

Resources

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What You Need to Know About Winter Slip & Fall Injuries in NYC

Winters in New York City can be brutal — not just because of the cold, but due to the dangerously icy sidewalks that lead to thousands of serious injuries each year. While some falls are unavoidable, many occur because landlords, businesses, or homeowners fail to meet their legal obligation to keep walkways safe. If you slip and fall on ice in New York City, the law may be on your side — but here’s what you should know. 

Sidewalk Safety: Who is Responsible?

In New York City, building owners or their agents are legally required to clear snow and ice within four hours after a storm ends (longer if a storm ends overnight). If they can’t remove hardened ice right away, they must treat it with salt or sand until it’s safe to clear. In 2003, the responsibility for sidewalk maintenance and repair shifted from the city to the owner of the property immediately adjacent to the sidewalk. While this shift gives injured pedestrians more legal options, it also creates a more complex landscape when it comes to determining fault and liability.

Timing is Everything

If you fall during an active storm and you’re considering taking legal action, it’s important to know that your case will likely be dismissed under the “storm in progress” rule. However, if you fall on ice that was left unaddressed for days, or even weeks, that’s a very different story. These lingering hazards can establish a pattern of neglect, which strengthens your legal claim. Navigating these nuances can be difficult on your own, which is where an experienced personal injury attorney can provide guidance.

How We Can Help

If you or someone you know has been injured in a winter fall, feel free to reach out. I’m here to help you understand your rights and guide you through your options. Schedule a free, no-obligation case evaluation or call us at
(212) 366-4600. 

Resources

Learn more about sidewalk safety and liability in NYC:

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Scalding Water & Bath Burn Injuries: Is Your Landlord Responsible?

Shower head of steaming water

If you’ve ever stepped into a shower that suddenly turned dangerously hot, you know how terrifying—and painful—it can be. Unfortunately, we’ve handled several cases where tenants have suffered serious burn injuries from scalding water in their own apartments. These aren’t simple cases. Unlike construction injuries, where strong statutes offer exceptional protections for workers, holding a landlord or managing agent accountable for hot water burns usually requires proving negligence, often tied to a poorly maintained boiler system, faulty plumbing, or ignored warning signs.

What You Have to Prove

To bring a successful case, we need to show more than just a sudden burst of hot water. We have to ask: Why did this happen? Was there an outdated or malfunctioning boiler? Were there prior complaints from other tenants? Did the landlord or building management know about the issue and fail to fix it? These cases require deep investigation, often including expert analysis of the building’s heating system and interviews with other residents. Courts look closely at whether the owner had notice of the danger. Without it, a case can be thrown out, even if the injury was severe.

The Devastating Impact of Scald Burns

Scald burns can cause intense physical and emotional trauma. We’ve represented infants and elderly tenants who couldn’t get out of a bathtub quickly enough, suffering burns that required painful treatments and long recoveries. One client endured serious burns to his legs and feet after being trapped in a tub as the water temperature surged without warning. These cases are heartbreaking because they tend to happen suddenly, and through no fault of the victim.

How We Can Help

If you or a loved one has suffered a scald burn injury at home, you don’t have to navigate the legal process alone. These cases can be challenging, but our team knows how to carefully investigate, gather the right evidence, and fight for the justice our clients deserve. Schedule a free, no-obligation case evaluation or call us at (212) 366-4600.

Resources

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Beyond the Scaffold Law: Common Construction Injuries Are Just as Actionable – With Some Know-How 

Scaffolding with construction worker

Most people are familiar with Labor Law Section 240, the “Scaffold Law,” which provides strong protections for construction workers injured by gravity-related risks, such as falls from scaffolds or ladders or being struck by a falling object. This statute holds owners and general contractors absolutely liable, even if they weren’t on-site or directly involved. However, there are more common construction injuries that don’t make headlines. Workers often trip over things like rebar, loose wiring, debris, or exposed poles — accidents that can result in life-changing injuries.

Legal Protections Beyond the Headlines

For non-elevation-related construction accidents, it’s critical to work with an attorney who knows the other provisions of New York’s Labor Law, like Sections 200 and 241(6), backwards and forwards, and how each court applies them. These laws, along with specific rules in the Industrial Code, provide a path for workers to hold site owners and contractors accountable. Section 200 is more straightforward, focusing on general site safety, while 241(6) is more complex and requires linking the injury to a specific safety rule.

Where You File Matters

Where a case is filed can be just as important as the legal issues themselves, since courts in different jurisdictions follow different case law. Brooklyn and Manhattan, for example, fall under different judicial departments and each has its own interpretation of the statutes.

I handled a case where a worker was seriously injured by a co-worker operating heavy machinery. The owner and contractor weren’t on site, but because the case was filed in Brooklyn, the courts there recognized the safety statute upon which we relied on as sufficiently specific. That allowed us to move the case forward – and ultimately secure a $4 million result for our client. Had that same lawsuit been brought in almost any other part of the state, the case would have been thrown out and our client would have been limited to Workers Compensation benefits.

How We Can Help

If you or someone you know has been injured on a job site, determining whether you have a valid legal claim can be complicated. I’m here to provide the guidance, support, and strategy needed to build a strong case. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

Learn more about construction site safety and worker protections:

 

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The High Stakes of Trucking Accident Cases

Accident sign with truck behind

Trucking accidents are unlike other types of motor vehicle crashes. When a tractor-trailer weighing up to 80,000 pounds collides with a car, SUV, or pedestrian — even at low speeds — the consequences are often catastrophic. These collisions can lead to life-altering injuries, and in many cases, they are completely preventable. Whether it’s driver fatigue, poor vehicle maintenance, or a company failing to screen a driver’s history, trucking accidents raise complex legal issues that demand a strong and experienced advocate.

Why Trucking Cases Are Different

Truck accident cases often involve far more than just the crash itself. There may be critical evidence — like black box data, company safety logs, or proof of prior violations — that can dramatically impact the outcome of a case. In addition, trucking companies are usually backed by larger insurance policies, meaning the stakes are high on all sides.

Real Results from Real Battles

I represented a pedestrian who was crossing the street when a massive construction vehicle turned the corner and clipped her. She was pulled beneath the vehicle and, incredibly, passed between the tires without being crushed. But the injuries she sustained were life-altering. Her case required an in-depth investigation and a long legal battle, but ultimately, we secured a $6.2 million verdict in the Supreme Court, New York County to help provide the care and stability she needed to move forward.

How We Can Help

If you or someone you know has suffered a serious personal injury, I’m here to help navigate the legal complexities, ensuring you can focus on what truly matters: the care of your loved one. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Learn more about trucking safety and accident prevention:

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Legal Action for Your Child’s Burn Injury – It May Not Be Too Late

medical waiting room

As a parent or caregiver of a young burn survivor, you may not have pursued legal action at the time of the accident, as your primary focus was understandably on their care and recovery. As I know firsthand, burn injuries, especially regarding children, involve much more than the initial trauma. The recovery often involves painful procedures, which are particularly difficult for children due to their smaller bodies and delicate skin. Children often require multiple surgeries, physical therapy, and nerve pain management. And these are just the physical effects; the emotional toll can be just as painful. Given the intensity of your child’s medical care, it’s no wonder that legal options may not have been your first concern. 

There May Still Be Time to Seek Compensation

Even if some time has passed, if your child’s burn injury was caused by someone else’s negligence, you very likely still have legal options. In most states, the Statute of Limitations is tolled until the child turns at least 18, giving you more time in which to pursue a claim. Legal action can result in compensation to cover lost earnings, medical expenses, and your child’s long-term care needs. This financial security can help your child as they continue to heal and manage the lasting physical and emotional effects of their injury.

How We Can Help

If your child has suffered a burn injury, even if they’re past 18, it may not be too late to consider your legal options. I’m here to help you understand your rights and guide you through the process. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Learn more about burn injuries and burn injury prevention:

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The Importance of Hiring an Expert Witness in Construction Cases

Construction workers on Scaffolding

In construction site safety cases, engaging an expert witness is critical for a strong case. A qualified expert will visit the site where the accident occurred, evaluate the facts, and provide objective, well-informed opinions before the court. When a case involves details beyond the common understanding of a layperson or jury, experts can explain technical aspects of the incident, like building codes, safety regulations, or construction practices, strengthening the plaintiff’s argument and increasing the chances of a favorable outcome.

The Importance of Early Expert Involvement

The sooner an expert visits the construction site, the better. Early involvement ensures the site remains intact and details are fresh, which is essential for a thorough investigation. Identifying and contacting eyewitnesses, as well as securing photos and video footage – often erased after a 30-day loop – is also crucial. Construction sites can change rapidly, with repairs or modifications potentially obscuring key details. Acting quickly allows the expert more time to gather relevant information and identify key issues, helping to piece together what happened and why, beyond the plaintiff’s account of events.

How We Can Help

If you or someone you know has suffered an injury on a construction site, don’t wait to involve an expert. Let’s discuss how we can collaborate to strengthen your cases with the right expert testimony. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Josh was featured in this well-attended webinar about using expert witnesses in construction cases:


Learn more about construction site safety: