A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Traumatic Brain Injury (TBI) Attorney in Blasdell, NY

Compassionate Local Support

Understanding Traumatic Brain Injury Claims in New York

Traumatic brain injuries can change a life in an instant, and people injured in Blasdell and Erie County often face a difficult road to recovery. At Ahearne Law Firm PLLC, we handle claims involving TBI injuries with attention to medical detail, insurance negotiations, and the practical needs of injured individuals and their families. Allan J. Ahearne, Jr. and the team work with medical providers, collect necessary records, and pursue compensation for medical treatment, rehabilitation, lost wages, and other losses. If you or a family member has suffered a head injury in Blasdell, New York, understanding your rights and options early helps preserve evidence and clarify next steps toward recovery and financial stability.

Traumatic brain injuries arise from many types of incidents including motor vehicle collisions, falls, and workplace accidents, and they often require ongoing medical care and rehabilitation. Building a strong claim involves documenting the injury, tracing how the incident caused harm, and communicating clearly with insurers about medical needs and expenses. In Erie County, deadlines for filing personal injury claims may apply, and careful attention to records and timelines can affect the ability to recover compensation. Our goal is to guide clients through immediate next steps, connect them with appropriate medical resources, and manage the legal and administrative tasks so they and their families can focus on healing and day to day needs.

How Legal Support Helps in TBI Cases

Legal assistance in traumatic brain injury cases helps preserve important evidence, ensures medical records and diagnostic testing are obtained and organized, and provides an advocate during discussions with insurance companies. Professionals handling these matters investigate the incident, identify liable parties, and develop a coherent claim that links medical treatment and future needs to the injury. This support also helps clients understand potential compensation for past and future medical expenses, lost income, and non-economic losses such as pain and reduced quality of life. For many families in Blasdell and Erie County, coordinated legal help reduces stress and prevents missteps that could limit recovery options.

Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients in Blasdell, Erie County, and surrounding areas, providing focused representation in personal injury matters including traumatic brain injury claims. Allan J. Ahearne, Jr. and the firm prioritize clear communication, responsiveness, and practical case management so clients know what to expect at each stage. From gathering medical records to negotiating with insurers and, when necessary, pursuing litigation, the firm handles the legal tasks while keeping injured people and their families informed. Contact details including a local phone number are maintained to make it straightforward for those in need to reach the office and begin the process of protecting their rights and recovery.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim typically rests on showing that another party’s negligent conduct caused an accident that resulted in head injury and related harm. Key elements often include proving duty, breach of that duty, causation, and measurable damages such as medical bills and lost wages. Medical documentation linking symptoms and treatment to the incident is essential, as are accident reports, witness statements, and any available video or photographic evidence. Establishing both the physical and cognitive impacts of the injury helps demonstrate the need for compensation to cover current and anticipated medical care, therapy, and adjustments required for everyday living.

Traumatic brain injuries vary widely from mild concussions to severe injuries that produce long-term cognitive, emotional, and physical impairments, and treatment plans can extend for months or years. Maintaining a complete medical record that includes emergency care notes, imaging studies, follow up exams, and therapy reports is crucial to documenting the full extent of injury and future care needs. In New York, personal injury claims are also subject to specific timing rules, so prompt action to preserve evidence and begin a claim is important. Working with medical providers to explain how the injury affects daily life helps to quantify damages and plan recovery steps.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury is an injury to the brain caused by an external force such as a blow, bump, jolt, or penetrating injury that disrupts normal brain function. Symptoms can include loss of consciousness, memory problems, headaches, dizziness, vision or hearing changes, mood alterations, and cognitive difficulties. Diagnosis often relies on clinical exams, neurological testing, and imaging studies like CT or MRI scans. For legal purposes, documenting onset of symptoms, medical interventions, and the relationship between the incident and the injury helps determine the impact on daily life and the need for compensation for medical care, rehabilitation, and other losses.

Concussion

A concussion is a form of mild traumatic brain injury generally caused by a direct blow or sudden motion that causes the brain to move within the skull, and it may produce symptoms such as headache, confusion, dizziness, sensitivity to light, or temporary cognitive changes. While many concussions resolve with rest and gradual return to activities, some symptoms persist and require further medical attention, therapy, and monitoring. Because signs can be subtle, detailed documentation of when symptoms began and how they affect work, school, and daily routines strengthens any related personal injury claim and supports appropriate medical follow up and care.

Negligence

Negligence describes conduct that falls below the standard of care expected under similar circumstances and that causes harm to another person, and in TBI claims it commonly refers to actions like inattentive driving, negligent property maintenance, or unsafe workplace practices that lead to head injuries. To prove negligence, the claimant typically must show that a duty existed, that the duty was breached, that the breach caused the injury, and that damages resulted. Evidence such as police reports, witness accounts, maintenance records, and medical documentation is used to connect the allegedly negligent act to the resulting head injury and its consequences.

Damages

Damages are the monetary losses and non-economic harms that an injured person may seek to recover after a traumatic brain injury, and they can include past and future medical expenses, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life. Properly calculating damages requires an assessment of current treatment costs and an estimate of ongoing needs such as therapy, assistive services, and long term care. Documentation from medical providers, vocational assessments, and financial records all contribute to establishing the scope of damages and supporting a claim for fair compensation.

PRO TIPS

Seek Prompt Medical Attention

If you or a loved one may have sustained a traumatic brain injury, seek immediate medical attention and follow through with recommended testing and follow up visits so that symptoms are recorded and treatment begins without delay. Documenting the timeline of medical care, including emergency room notes, imaging results, and any referrals, creates an essential record that links the incident to the injury and supports necessary claims. Timely treatment also helps protect health and provides contemporaneous medical evidence that is important when communicating with insurers and other parties involved in a legal matter.

Document Symptoms and Changes

Keep a written record or diary of symptoms, cognitive changes, sleep disturbances, mood shifts, and any limitations on daily activities so that the progression and impact of the injury over time are clear and can be shared with medical providers and counsel. Note dates, severity, and any events that worsen or improve symptoms, and preserve any correspondence or notes from therapists and doctors that describe functional limitations. Consistent, dated documentation helps create a fuller picture of recovery needs and assists in accurately estimating medical and non medical damages when pursuing compensation.

Preserve Evidence and Records

Preserve physical evidence, photographs of the scene, clothing, and any items involved in the incident, and obtain copies of police reports, incident reports, witness contact information, and medical records as soon as possible after the event. Maintaining organized records and providing them to legal counsel helps establish liability and supports claims for the full extent of injuries and future needs. Gathering and safeguarding this evidence early reduces the risk of loss or degradation and strengthens the ability to present a clear connection between the incident and the resulting brain injury.

Comparing Legal Approaches for Traumatic Brain Injury Claims

When a Comprehensive Approach Matters:

Complex Medical Needs and Long Term Care

When a traumatic brain injury involves multiple medical specialists, ongoing rehabilitation, or anticipated long term care needs, a comprehensive legal approach helps ensure all current and future medical costs are identified and included in a claim. Coordinating medical records, expert evaluations, and vocational assessments can take time and careful management to present a clear picture of long term needs and financial impact. A thorough approach also helps preserve rights against all potentially responsible parties and seeks to hold accountable those whose actions caused significant and lasting harm.

Disputed Liability or Severe Injuries

If liability for the incident is contested, or if the injury is severe and results in substantial ongoing impairment, a full case assessment and detailed investigation are often necessary to establish fault and quantify damages. This process can include obtaining witness statements, consulting with medical providers, and collecting documentary evidence that links the defendant’s conduct to the injury. A methodical approach helps address insurance denials or low settlement offers and better positions a claim for fair resolution that reflects the true consequences of the injury.

When a Limited Approach May Be Appropriate:

Minor, Clearly Documented Injuries

When an injury is relatively minor, clearly documented, and liability is not in dispute, a more limited approach focused on timely submission of medical bills and a straightforward claim with the insurer may suffice to obtain a reasonable settlement. In such cases, concise documentation of treatment, return to usual activities, and minimal ongoing care needs frequently simplifies resolution. Even in these situations, careful record keeping and an understanding of available compensation help ensure that the client receives appropriate reimbursement for expenses and losses incurred.

Quick, Cooperative Insurance Handling

A limited approach may be appropriate when the insurer responds cooperatively, accepts liability, and offers timely payment that fully compensates documented medical costs and lost income, allowing a straightforward resolution without prolonged negotiation. Prompt exchange of medical records and bills, along with clear communication about expected recovery, can speed settlement. Even when pursuing a streamlined claim, maintaining thorough documentation helps protect a claimant from future disputes and ensures that any additional needs discovered later can be addressed as necessary.

Common Circumstances That Lead to TBI Claims

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries when sudden deceleration, impact with interior vehicle structures, or direct blows to the head produce brain trauma that may not be immediately evident but manifests through cognitive and physical symptoms over time. Because these incidents often involve multiple parties, vehicle damage, witness reports, and police investigations, compiling medical records, accident reports, and witness statements becomes essential to demonstrate causation and obtain compensation for medical care and related losses.

Slip and Fall Incidents

Slip and fall accidents on poorly maintained property, hazardous walkways, or icy surfaces can result in head trauma when a person strikes their head or experiences a forceful fall, and these cases often require careful documentation of the hazard, the property owner’s knowledge or duty to maintain safe conditions, and the resulting medical treatment. Photographs, incident reports, witness contact details, and maintenance records all play a role in establishing liability and linking the fall to both immediate and longer term medical needs.

Workplace Head Injuries

Workplace incidents such as falls from heights, struck by object events, or equipment malfunctions can produce traumatic brain injuries that require coordination between workers compensation and potential third party claims when a non employer’s negligence contributed to the injury. Preserving incident reports, medical treatment documentation, and employer records helps clarify the cause and supports a complete evaluation of benefits and recovery options available to the injured worker.

TBI Attorney Serving Blasdell and Erie County

Why Choose Ahearne Law Firm for Your TBI Claim

Ahearne Law Firm PLLC focuses on helping people in Blasdell and surrounding Erie County communities who are recovering from traumatic brain injuries by providing attentive case handling, prompt communication, and coordinated collection of medical documentation. The firm assists clients in identifying responsible parties, preserving critical evidence, and working with healthcare providers to document the injury and expected recovery path. Allan J. Ahearne, Jr. and the team prioritize clear explanations of legal options and practical steps so that clients and their families can make informed decisions during a challenging and often uncertain period.

From the initial consultation through case resolution, the firm strives to manage administrative tasks, communicate with insurers, and pursue compensation that addresses medical needs and other losses related to the injury. For those in Blasdell and Erie County, the practice aims to minimize added stress by organizing records, identifying appropriate medical and vocational resources, and outlining a claims strategy tailored to each case. Contacting the firm early helps ensure evidence is preserved and deadlines are met, which supports the best possible path to financial recovery and ongoing care arrangements.

Contact Ahearne Law Firm to Discuss Your TBI Claim

People Also Search For

Traumatic brain injury attorney Blasdell

TBI lawyer Erie County NY

brain injury claim Blasdell NY

concussion attorney Buffalo area

personal injury TBI New York

head injury legal help Blasdell

TBI settlement Erie County

Ahearne Law Firm traumatic brain injury

FAQS

What should I do immediately after a suspected traumatic brain injury?

After a suspected traumatic brain injury, seek prompt medical attention so symptoms are assessed and appropriate tests are performed, and follow all medical advice including imaging, observation, and follow up appointments to document the condition. Immediate medical records create important contemporaneous evidence that links the incident to the injury and supports any later claim for treatment and related losses. In addition to seeking medical care, preserve evidence of the incident by taking photographs of the scene, keeping clothing or items involved, obtaining contact information for witnesses, and securing any incident or police reports available at the time. Early preservation of documentation and written symptom records helps create a clear timeline and supports effective communication with medical providers and those handling insurance or legal matters.

How is a traumatic brain injury diagnosed and documented?

Diagnosis of a traumatic brain injury typically involves a clinical evaluation by medical professionals, neurological testing, and, when appropriate, imaging studies such as CT scans or MRIs to identify structural injury or changes. Medical providers will document symptoms, cognitive testing results, and treatment plans, and this medical documentation serves as the foundation for proving the nature and extent of the injury in any legal claim. Consistent follow up notes, therapy reports, and specialist evaluations further build the record of ongoing impairment or recovery needs, and documenting how symptoms affect daily living and work capabilities enhances the reliability of the diagnosis for legal purposes. Keeping organized copies of all tests, reports, and provider correspondence helps counsel evaluate the full scope of medical needs and plan an appropriate claims strategy.

What types of compensation can I seek for a TBI claim?

Compensation in traumatic brain injury claims can cover a range of tangible and intangible losses, including past and future medical expenses related to diagnosis, treatment, therapy, rehabilitation, assistive devices, and potential long term care needs. Wage loss for time away from work, diminished future earning capacity, lost benefits, and expenses for home modifications or caregiving are also commonly included when demonstrated through documentation. Non economic damages for pain and suffering, emotional distress, and loss of enjoyment of life may be recoverable depending on the severity of the injury and its impact on daily functioning. Gathering medical records, financial documentation, vocational assessments, and narratives about how the injury changed everyday life helps quantify these damages in support of a fair resolution.

How long do I have to file a personal injury claim in New York for a TBI?

In New York, the general statute of limitations for personal injury claims is three years from the date of the accident, though certain exceptions and special rules can apply depending on the circumstances, such as claims against a municipality or latent injuries with delayed discovery. Acting promptly to preserve evidence and consult about deadlines is important because missing a statutory deadline can prevent recovery of compensation. Because individual situations vary and specific exceptions may affect timing, reaching out early to discuss the details of your case helps ensure important deadlines are identified and met. Early contact also supports timely collection of records and witness information that may be needed to build a strong claim.

Will the insurance company cover ongoing rehabilitation and therapy?

Whether an insurance company covers ongoing rehabilitation and therapy depends on the specifics of the policy, the documented medical necessity of treatments, and whether liability is established or the insurer accepts responsibility. Providing clear medical records, treatment plans, and provider statements that explain the necessity of continued care increases the likelihood that ongoing therapeutic services will be covered or that such costs will be included in a claim for compensation. If an insurer disputes the need for continued treatment, further documentation from treating specialists, rehabilitation professionals, and, where appropriate, independent medical assessments can help demonstrate the connection between the injury and required services. Having legal representation to negotiate or present this evidence can assist in resolving disputes about coverage and securing payment for necessary care.

How do I prove that a TBI was caused by someone else's negligence?

Proving that a traumatic brain injury resulted from someone else’s negligence requires showing that the other party owed a duty of care, breached that duty through action or omission, and that the breach caused the injury and resulting damages. Evidence such as accident reports, witness statements, surveillance or dash camera footage, medical records, and expert opinions connecting the incident to the injury all contribute to establishing causation and responsibility. Medical records that document the onset and progression of symptoms, along with contemporaneous evidence about the circumstances of the incident, form a critical link between the event and the injury. Where necessary, consulting with medical and vocational professionals helps quantify the impacts and supports claims for both immediate and long term needs related to the injury.

What if the responsible party denies fault or the insurer disputes my claim?

If the responsible party denies fault or an insurer disputes your claim, it is important to preserve evidence, gather additional documentation, and present a clear narrative that links the incident to the injury. Formal written demands, supported by medical records and other documentation, often lead to further investigation, and if necessary, litigation may be pursued to resolve contested liability or insufficient settlement offers. Addressing disputes often involves collecting additional witness statements, obtaining provider affidavits, and, in some cases, consulting neutral medical reviewers or other professionals to corroborate the nature and severity of the injury. A methodical approach to accumulating and presenting evidence increases the prospects of resolving disagreements and achieving an outcome that covers medical care and related losses.

Can I pursue a claim if my symptoms appeared days or weeks after the incident?

Yes, you can pursue a claim even if symptoms from a traumatic brain injury did not appear immediately, but establishing the connection between the incident and delayed symptoms requires careful medical documentation and a clear timeline of events. Medical assessments that note when symptoms arose, combined with records of the original incident and early evaluations, help demonstrate the relationship between the event and subsequent manifestations of injury. Because delayed onset of symptoms may complicate the investigation, timely gathering of all relevant records, witness accounts, and any early medical entries that reference head impact or possible concussion-like symptoms strengthens the case. Prompt consultation about the situation helps identify the most effective steps to preserve evidence and evaluate potential claims within applicable time limits.

How much will it cost to have Ahearne Law Firm review my TBI case?

Ahearne Law Firm offers an initial case review to discuss the circumstances of a traumatic brain injury and to identify potential claims, evidence needs, and next steps, and the office will explain fee arrangements and any costs associated with pursuing a claim. Many personal injury practices handle initial consultations without an upfront charge, and fee structures are typically explained at the first meeting so clients understand how services will be provided and how fees are collected if a recovery is achieved. Understanding potential expenses and fee arrangements early helps clients decide how to proceed, and clear communication about billing and case management ensures that people know what to expect. Discussing these details during the initial conversation helps align expectations and plan the most appropriate path forward for gathering evidence and pursuing compensation.

What evidence is most important in a traumatic brain injury case?

The most important evidence in a traumatic brain injury case often includes thorough medical records documenting the injury, emergency room and hospital notes, imaging studies, specialist evaluations, therapy reports, and statements from treating providers that link symptoms to the incident. These medical documents establish diagnosis, treatment, and ongoing care needs, which are central to proving both liability and damages in a claim. Supplementary evidence such as police or incident reports, witness statements, photographs or video of the scene, employment records showing lost wages, and personal diaries describing daily limitations all strengthen the factual record and provide context for the medical evidence. Collecting and organizing these materials early helps create a coherent narrative that supports recovery for medical costs and other losses associated with the injury.

Personal Injury Services in Blasdell

Explore our injury practice areas

⚖️ All Personal Injury Services