A closed head injury happens when a blow, jolt, or sudden stop causes the brain to move violently inside an intact skull, without any object breaking through the bone. It is the most common type of head trauma in car accidents, falls, and workplace incidents, and it can be just as serious as an injury involving a skull fracture. If you or a loved one suffered a closed head injury because of someone else’s negligence, Porter Law Group can help you build a serious head injury claim and pursue the compensation you are owed.
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What Is a Closed Head Injury?
A closed head injury refers to trauma to the scalp, skull, or brain in which the skull is not penetrated by the object or force that caused the injury. According to MedlinePlus, a service of the National Library of Medicine, a closed head injury occurs when a person receives a hard blow to the head but the object does not break through the skull, which distinguishes it from an open or penetrating head injury. This does not mean the injury is minor. Because the brain can still strike the inside of the skull, twist, or stretch as the head decelerates suddenly, closed head injuries can cause bruising, bleeding, and swelling that are just as dangerous as an open wound.
Closed head injuries cover a range of severity. On the milder end, a concussion is itself a type of closed head injury. On the more serious end, closed head trauma can include brain contusions, subdural or epidural hematomas, and diffuse axonal injury, where the brain’s connecting nerve fibers are torn as the brain shifts rapidly inside the skull. What all of these share is the absence of a visible wound, which is exactly why closed head injuries are so often underestimated at the scene of an accident and in the days that follow.
Why Closed Head Injuries Are Often Missed or Underestimated
Because there is no open wound, a closed head injury can look like nothing happened. A person may walk away from a car accident or a fall without a scratch on their scalp, only to develop confusion, memory problems, or severe headaches hours or days later. Emergency room staff may focus on more visible injuries first, and insurance adjusters frequently use a “normal” initial exam or a clean CT scan to argue that no real injury occurred.
This pattern creates two problems for accident victims. First, medical treatment can be delayed simply because the injury was not obvious at first. Second, and just as damaging, that delay gives an insurance company an opening to argue that the injury is not connected to the accident, or that it is being exaggerated. An attorney who understands how closed head injuries actually present is essential to closing that gap and documenting the true medical picture.
Common Causes of Closed Head Injuries in New York
Closed head injuries arise from a wide range of accidents across New York and the Syracuse area, including:
- Motor vehicle accidents. Sudden deceleration in a car, truck, or motorcycle crash on roads like I-81, I-690, or the New York State Thruway can cause the brain to strike the skull even when the head never hits anything inside the vehicle.
- Slip and fall accidents. Falls on ice-covered sidewalks and parking lots are common in Central New York winters, and a fall backward onto pavement is a frequent cause of closed head trauma.
- Workplace and construction accidents. Falls from scaffolding, ladders, or elevated platforms, as well as being struck by falling tools or materials, can cause closed head injuries covered under New York Labor Law protections.
- Sports and recreational accidents. Impacts during athletic activity can cause closed head trauma, particularly when a second impact occurs before a first injury has healed.
- Assaults and violent acts. Blunt-force trauma from an assault is a closed head injury when the skull is not penetrated.
Symptoms of a Closed Head Injury
Closed head injury symptoms can appear immediately or develop over the following hours and days. Common signs include headache, dizziness, nausea, confusion, blurred vision, sensitivity to light or noise, and difficulty concentrating. More serious symptoms, such as repeated vomiting, worsening headache, slurred speech, seizures, one pupil larger than the other, or loss of consciousness, require emergency medical attention.
Delayed-onset symptoms are especially common with closed head injuries because internal bleeding or swelling can take time to build pressure inside the skull. Anyone who has struck their head, or whose head has been jolted in an accident, should be evaluated by a medical provider even if they feel fine immediately afterward. That evaluation also creates the medical record that later supports a legal claim.
How We Prove a Closed Head Injury Case
Closed head injury cases are won or lost on documentation, because there is often no visible wound to point to. Porter Law Group builds these cases by:
- Securing complete medical records, including emergency room notes, imaging reports, and any follow-up neurological or neuropsychological evaluations.
- Working with medical experts, including neurologists and neuropsychologists, who can connect subtle or delayed symptoms to the underlying injury even when early imaging appeared normal.
- Investigating the accident itself, including police reports, surveillance footage, and witness statements, to establish how the impact or jolt occurred.
- Countering insurance company tactics that attempt to use a lack of visible injury, or a single normal scan, to minimize or deny a legitimate claim.
What To Do After a Suspected Closed Head Injury
- Seek medical attention right away, even if symptoms seem mild or you feel generally fine. Many closed head injuries do not show clear symptoms until hours or days later.
- Follow up on any recommended imaging or specialist referrals, and keep every appointment. Gaps in treatment can be used against you later.
- Document your symptoms in a daily log, including headaches, memory issues, mood changes, or difficulty concentrating.
- Preserve evidence from the scene, including photos and witness contact information.
- Avoid giving a recorded statement to an insurance adjuster before speaking with an attorney.
- Contact Porter Law Group at 833-PORTER9 to discuss your situation and your legal options.
What Compensation May Be Available
New York law allows victims of closed head injuries to pursue compensation for both economic and non-economic losses, which may include:
- Past and future medical expenses, including emergency care, imaging, neurological treatment, and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Cost of long-term care, if the injury results in permanent impairment
- Loss of consortium for the effect on a spouse or family relationship
No attorney can guarantee a specific result, and every case depends on its own facts and evidence.
Evidence and medical documentation fade fast. Talk to our team today, free and confidential.
What Affects the Value of a Closed Head Injury Claim
| Factor | How It Affects Value |
|---|---|
| Severity and duration of symptoms | Longer recovery times and lasting cognitive or physical effects generally support higher claims |
| Diagnostic evidence | Imaging, neuropsychological testing, and consistent medical documentation strengthen a claim |
| Clarity of liability | Cases with clear evidence of the other party’s fault are typically stronger |
| Impact on work and income | Lost wages and reduced future earning capacity are significant components of value |
| Need for ongoing care | Cases requiring long-term treatment or rehabilitation tend to carry higher value |
| Comparative fault | Under New York’s comparative negligence rule, any shared fault can reduce, but does not automatically bar, recovery |
New York Statute of Limitations for Closed Head Injury Claims
Timing matters in every closed head injury case. Under New York Civil Practice Law and Rules (CPLR) Section 214, most personal injury claims, including those from car accidents, falls, and workplace incidents, must be filed within three years of the date of injury. If the closed head injury resulted from medical malpractice, CPLR Section 214-a generally shortens that window to two years and six months from the act or omission, or from the end of continuous treatment. Claims against a New York municipality or public entity may also require a notice of claim within 90 days under General Municipal Law Section 50-e, well before the standard filing deadline. Missing any of these deadlines can permanently bar your right to recover, so it is important to speak with an attorney as soon as possible after a suspected closed head injury.
Why Choose Porter Law Group
Michael S. Porter, J.D., is the founder and managing partner of Porter Law Group. A graduate of Harvard University (B.A., 1994) and Syracuse University College of Law (J.D., 1997), Porter served four years as a Captain in the U.S. Army Judge Advocate General’s Corps before dedicating his practice to representing New York injury victims and their families.
He has been selected to Super Lawyers for 14 consecutive years (2012 through 2025) and holds an Avvo 10.0 Superb rating and a Distinguished rating from Martindale-Hubbell. Porter Law Group has secured large verdicts and settlements for clients across New York, and our attorneys understand both the medicine behind closed head injuries and the litigation strategy needed to prove them.
We handle closed head injury claims on a contingency-fee basis, which means you pay no attorney fees unless we recover compensation for you.
Bar Admissions: New York State Bar | U.S. District Court, Northern and Western Districts of New York Memberships: New York State Bar Association | Onondaga County Bar Association | New York State Academy of Trial Lawyers | Multi-Million Dollar Advocates Forum
Closed Head Injury Legal Services Across New York
Porter Law Group’s main office is in Syracuse, with additional offices available by appointment in Albany, Buffalo, New York City, Rochester, and Saratoga Springs. We represent closed head injury victims throughout Central New York, including Camillus, Cicero, DeWitt, Manlius, Fayetteville, Liverpool, North Syracuse, and Baldwinsville, as well as clients across every city and county in New York State.
Frequently Asked Questions
What Are the Symptoms of a Closed Head Injury?
Common closed head injury symptoms include headache, dizziness, nausea, confusion, blurred vision, and difficulty concentrating, and they can appear immediately or develop over the following hours or days. More severe symptoms, such as repeated vomiting, slurred speech, seizures, or loss of consciousness, require emergency care right away. Because closed head injuries do not always show visible signs, any suspected head trauma should be evaluated by a medical provider even when a person feels generally fine at first.
Can a Closed Head Injury Be Serious Even Without Losing Consciousness?
Yes. Loss of consciousness is not required for a closed head injury to be serious. Many people with significant closed head trauma, including diffuse axonal injury or a slowly developing hematoma, never lose consciousness at the scene. Symptoms can build gradually as swelling or bleeding increases pressure inside the skull, which is why prompt medical evaluation matters even after a seemingly mild impact.
What Is the Difference Between a Closed Head Injury and a Concussion?
A concussion is a type of closed head injury, specifically a milder form of traumatic brain injury caused by a blow or jolt to the head. “Closed head injury” is the broader category, covering any trauma where the skull is not penetrated, from a mild concussion to a more severe brain contusion or hematoma. The key distinction across all closed head injuries is that the skull remains intact, even though the brain itself can still sustain significant damage.
Can I Still File a Claim If My Scans Came Back Normal?
Yes. A normal CT scan or MRI does not rule out a real closed head injury. Some injuries, including certain concussions and diffuse axonal injuries, are difficult to detect on standard imaging and may require neuropsychological testing or specialized imaging to document. Insurance companies often point to a normal scan to minimize a claim, which is why thorough medical documentation and, when appropriate, expert evaluation are important parts of building a serious head injury claim.
How Long Do I Have to File a Closed Head Injury Claim in New York?
In most cases, New York CPLR Section 214 gives you three years from the date of the injury to file a lawsuit. If the closed head injury resulted from medical malpractice, the deadline is generally two years and six months under CPLR Section 214-a. Claims involving a government entity may require a notice of claim within 90 days. Because these deadlines vary by case type and can be affected by exceptions, it is best to speak with an attorney as soon as possible.
How Much Is a Closed Head Injury Claim Worth?
The value of a closed head injury claim depends on factors such as the severity and duration of symptoms, the strength of the medical documentation, how clearly liability can be established, and the impact on your ability to work. No attorney can ethically guarantee a specific outcome before reviewing your medical records and the facts of your case. Porter Law Group can evaluate your situation and give you a realistic sense of your legal options during a free consultation.
What Clients Say About Porter Law Group
Meet the Attorney
Michael S. Porter, J.D.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
Contact a Closed Head Injury Lawyer Today
A closed head injury is not something to wait out or take on alone, especially when an insurance company may already be looking for reasons to minimize your claim. Porter Law Group has the medical understanding and litigation experience to build a serious head injury claim on your behalf.
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