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 Frankfort, NY

Trusted TBI Representation

Comprehensive Guide to Traumatic Brain Injury Claims

If you or a loved one sustained a traumatic brain injury in Frankfort, New York, understanding your legal rights and options is essential to protecting your future. Traumatic brain injuries can range from concussions to more severe injuries that affect memory, cognition, and physical function, and medical care and long-term support can be complex and costly. This guide explains the types of TBI claims common in Herkimer County, outlines how a personal injury action proceeds, and offers practical steps to preserve evidence and document damages so an insurance or legal claim can be pursued effectively on your behalf.

Navigating a traumatic brain injury case often requires careful coordination with medical professionals, vocational evaluators, and benefit programs to fully describe the extent of injuries and future needs. Insurance companies commonly evaluate claims based on medical records, lost wages, and established standards of care, and having a clear record of the incident, treatment timeline, and ongoing limitations strengthens any claim. This page explains typical legal timelines, what types of compensation may be available in New York, and how our firm can assist with gathering records, managing communications, and helping present a complete picture of the harm you have suffered.

Why Legal Help Matters After a Traumatic Brain Injury

After a traumatic brain injury, legal assistance can help ensure that medical bills, rehabilitation costs, and long-term care needs are properly documented and pursued. A well-prepared claim seeks compensation for past and projected medical expenses, lost income and earning capacity, pain and suffering, and any necessary accommodations in daily life. By coordinating medical documentation, expert medical opinions when appropriate, and clear records of employment impact, a legal approach can make it more likely that insurers and responsible parties acknowledge the full scope of the injury and reach a settlement or verdict that supports recovery and future stability.

About The Ahearne Law Firm in Frankfort and Attorney Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC in the Hudson Valley focuses on personal injury matters including traumatic brain injury claims across Herkimer County and surrounding areas. Allan J. Ahearne, Jr. represents clients who have suffered significant injuries, working to obtain fair compensation for medical care, rehabilitation, lost wages, and non-economic harms. The firm emphasizes attentive client communication, careful case preparation, and coordinating with treating doctors and other professionals to create a clear record of injury and need. If you are facing the aftermath of a TBI in Frankfort, the firm can help guide you through claims and necessary documentation.

Understanding Traumatic Brain Injury Claims

Traumatic brain injury claims arise when another party’s negligence or wrongful act causes head trauma that results in cognitive, sensory, emotional, or physical impairment. Proving such a claim typically involves showing that the defendant owed a duty of care, breached that duty, and that breach directly caused the injury and resulting damages. Medical records, witness statements, accident reports, and vocational assessments are often essential parts of this proof, and a thorough investigation can establish how the injury occurred, what treatment was required, and how the injury has affected the claimant’s daily life and ability to work.

Because symptoms of a traumatic brain injury can change over time, documentation should capture both immediate treatment and ongoing care and limitations. Imaging studies, neuropsychological testing, and functional assessments help describe the nature and severity of the injury, while employment and financial records show the economic impact. Insurance adjusters may initially offer limited settlements, so careful valuation of future needs and persistent negotiation or litigation may be necessary to secure sufficient compensation for long-term rehabilitation, assistive services, and adaptations that support quality of life and independence.

Need More Information?

Key Terms and Glossary for TBI Claims

Concussion (Mild Traumatic Brain Injury)

A concussion is a form of mild traumatic brain injury caused by a blow or jolt to the head that temporarily disrupts normal brain function. Symptoms can include headaches, confusion, short-term memory loss, dizziness, sensitivity to light or noise, and changes in mood or sleep patterns. While many concussions improve with time and appropriate care, some people experience persistent symptoms that require ongoing treatment and monitoring, and for legal purposes it is important to document both initial injury and the course of recovery to establish any lasting effects.

Diffuse Axonal Injury

Diffuse axonal injury occurs when the brain’s long connecting nerve fibers are stretched or torn due to rapid acceleration or deceleration, such as in motor vehicle crashes or falls. This type of injury can cause widespread damage affecting cognition, coordination, and consciousness, and may not always appear on standard imaging immediately. Because effects can be profound and long-lasting, medical evaluations that include neurological assessments and cognitive testing are important for documenting the extent of injury and guiding both treatment and legal claims for compensation.

Contusion

A contusion is a bruise on the brain tissue that results from a direct impact to the head and can cause localized bleeding or swelling. Contusions can lead to focal neurological deficits depending on the injured area and may require monitoring or surgical intervention if they cause increased pressure inside the skull. In claims, contusions are documented with imaging and clinical notes detailing symptoms, treatment, and any residual impairments, which together support a comprehensive view of injury severity and necessary care.

Post-Concussion Syndrome

Post-concussion syndrome refers to a set of persistent symptoms that can last weeks, months, or longer after an initial concussion, including headaches, cognitive difficulties, fatigue, and emotional changes. The syndrome affects day-to-day functioning and may require multidisciplinary care including neurology, physical therapy, and cognitive rehabilitation. For legal claims, documentation of ongoing symptoms, how they interfere with work and relationships, and the treatments being received helps demonstrate that the injury’s impact extends beyond the immediate post-accident period and warrants compensation for continued needs.

PRO TIPS

Document Everything Promptly

After a head injury, record the date, time, location, and circumstances of the incident and keep copies of all medical records, imaging, and notes from appointments. Detailed documentation of symptoms, work limitations, and any changes in daily functioning strengthens a claim by creating a clear timeline of injury and response. Maintaining a daily journal about headaches, memory lapses, mood changes, and sleep disturbances can be especially helpful when describing ongoing effects to doctors, insurers, and legal representatives.

Seek Timely Medical Evaluation

Prompt medical attention after a suspected brain injury is important both for health and for establishing a link between the incident and subsequent symptoms. Follow-up appointments, recommended imaging, and referrals for neuropsychological testing or rehabilitation should be documented to show continuity of care. Timely care also helps create the records that will be needed to value a claim for medical expenses and ongoing treatment, and it reduces ambiguity about when symptoms began and how they evolved.

Preserve Evidence and Witness Information

If possible, preserve clothing, safety equipment, and photographs of the scene or vehicle damage, and obtain contact information for witnesses and first responders. Eyewitness statements and photographic evidence can corroborate how the incident occurred and support claims about fault and injury mechanism. Keeping organized files of communications with insurers, treatment providers, and employers will help manage the many documents a TBI claim can generate and support a clear, persuasive presentation of damages.

Comparing Legal Options for TBI Claims

When a Full Approach Is Beneficial:

Significant Medical Needs and Ongoing Care

A comprehensive legal approach is often appropriate when a traumatic brain injury requires extended medical treatment, rehabilitation, or long-term support that affects future earning capacity and daily living. In such cases, claims must account for present and projected medical expenses, potential assistive needs, and changes in employment prospects, which requires detailed medical and vocational evidence. Thorough case preparation helps ensure that insurers or defendants consider the full economic and non-economic consequences of the injury when resolving a claim.

Complex Liability or Multiple Parties

When liability is unclear or multiple parties may share responsibility for the injury, a comprehensive investigation can identify all possible sources of compensation and preserve claims against each party. Gathering witness statements, accident reconstruction, and documentary evidence is important to establish fault and support claims against insurers or other responsible entities. Addressing complex liability early helps prevent missed opportunities to recover damages and supports coordinated settlement or litigation strategies that reflect the full scope of harm.

When a Narrower Approach May Work:

Minor Injury With Clear Liability

If the traumatic brain injury is minor, symptoms resolve fully with short-term treatment, and the responsible party admits fault, a more limited claims approach may resolve the matter efficiently. In such circumstances, focused documentation of immediate treatment and economic losses can support a prompt settlement with less need for extended investigation. However, it remains important to monitor recovery to ensure no delayed symptoms emerge that change the valuation of the claim.

Low Financial Stakes and Quick Resolution

When the financial losses are modest and both parties seek a quick resolution, a targeted negotiation of medical bills and lost wages may be preferable to lengthy litigation. Efficient handling of records and direct negotiations with insurers can achieve settlement without extensive legal proceedings. Even in these cases, proper documentation and clear communication about the injury’s impact remain important to ensure any settlement adequately compensates for harm suffered.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Car, truck, and motorcycle collisions often produce sudden forces that cause traumatic brain injuries, whether through direct impact or rapid acceleration and deceleration of the head. These incidents typically generate police reports, witness accounts, and medical treatment records that are important for supporting a claim.

Falls and Slips

Falls from height, slip-and-fall incidents on public or private property, and workplace falls can all lead to significant head injuries and cognitive impairment. Establishing the conditions that caused the fall, such as dangerous flooring or lack of safety measures, helps establish liability in these claims.

Assault and Violence

Assaults or other intentional harm that causes head trauma may give rise to both criminal charges and civil claims for damages, including compensation for medical care and emotional impact. Coordinating medical documentation with police reports and witness testimony is important to present a complete account of the incident and resulting injuries.

Frankfort Traumatic Brain Injury Legal Services

Why Choose The Ahearne Law Firm for Your TBI Claim

The Ahearne Law Firm PLLC serves clients in Frankfort and throughout Herkimer County, providing focused attention to those recovering from head injuries and their families. The firm assists with collecting and organizing medical records, communicating with insurers, and presenting a comprehensive view of damages including future medical needs and effects on employment. Clients receive personal communication about case progress and practical guidance on documenting symptoms, preserving evidence, and navigating the medical and legal processes that follow a traumatic brain injury.

When pursuing a claim after a TBI, careful case management makes it more likely that insurers and opposing parties will understand the full extent of harm and the long-term consequences for the injured person. The firm works to ensure that necessary records are obtained, that treatment professionals’ observations are properly captured, and that economic losses are detailed and supported. If litigation becomes necessary, the firm prepares to present medical and vocational evidence in a way that fairly represents both the current and anticipated needs arising from the injury.

Contact Our Frankfort Office to Discuss Your Case

People Also Search For

Frankfort TBI lawyer

Herkimer County traumatic brain injury attorney

Traumatic brain injury claim Frankfort NY

concussion lawyer Frankfort

TBI compensation New York

Personal injury TBI Herkimer County

brain injury legal help Frankfort

Ahearne Law Firm TBI claims

FAQS

What is considered a traumatic brain injury?

A traumatic brain injury is any injury to the brain caused by an external force such as a blow to the head, rapid acceleration or deceleration, or penetration of the skull, and it can produce a range of symptoms from mild concussions to severe neurological impairment. Common signs include headaches, confusion, memory problems, dizziness, sensory changes, and emotional or behavioral shifts, and some effects may not be immediately apparent, requiring monitoring and follow-up medical assessment. Medical records, imaging studies, and clinical evaluations are used to diagnose and describe the injury’s severity, while documentation of symptoms over time helps explain ongoing effects. For legal purposes, establishing when symptoms began, how they were treated, and any resulting limitations or care needs is essential to support claims for medical costs, lost income, and non-economic harms.

How soon should I seek medical care after a head injury?

You should seek medical attention as soon as possible after a head injury, even if symptoms initially seem mild, because some issues may develop or worsen over time and early documentation supports both medical care and potential legal claims. Emergency evaluation is important if there are signs like loss of consciousness, repeated vomiting, seizures, worsening headache, slurred speech, or neurological deficits such as weakness or numbness. Follow-up with a primary care provider, neurologist, or appropriate specialist is also important to track symptoms, obtain imaging or testing as needed, and begin any recommended rehabilitation. Timely medical records create a clear connection between the incident and the injury, which is valuable when communicating with insurers and preparing a claim for compensation.

What types of compensation can I recover in a TBI claim?

Victims of traumatic brain injury may seek compensation for a variety of economic and non-economic losses including past and future medical expenses, rehabilitation costs, assistive devices, in-home care, lost wages, reduced earning capacity, and compensation for pain and suffering or loss of enjoyment of life. The specific damages available depend on the nature and severity of the injury and the demonstrable effects on daily functioning and employment. Calculating future needs often involves input from treating physicians, rehabilitation professionals, and vocational evaluators to estimate ongoing care and lost earning potential. Documented medical plans, receipts, and employment records strengthen the valuation of a claim, while careful presentation of non-economic harms helps convey the full personal impact of the injury to insurers or a jury.

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

In New York, the statute of limitations for most personal injury claims, including those based on traumatic brain injury, is typically three years from the date of the incident, though certain circumstances and types of claims may have different deadlines. It is important to consult about timelines promptly because missing the filing deadline can bar recovery even if liability is otherwise clear. Additionally, cases involving government entities sometimes require shorter notice periods or administrative steps before a lawsuit can be filed, so early consultation ensures necessary actions are taken within applicable time frames. Preserving evidence and notifying insurers or responsible parties without delay also helps protect a claim while investigations proceed.

Will an insurance company pay for future medical needs after a TBI?

Insurance companies may agree to cover future medical needs when those needs are well-documented and supported by treating providers and appropriate testing, but initial settlement offers sometimes understate long-term treatment costs. Establishing the expected course of care, anticipated surgeries or therapies, and associated costs through medical opinions and treatment plans helps demonstrate the need for compensation that covers future expenses. If an insurer resists offering adequate compensation for future needs, negotiation or litigation may be necessary to present persuasive evidence of projected medical costs. Careful case preparation, including input from rehabilitation specialists and vocational professionals when relevant, supports a comprehensive valuation of anticipated care and related expenses.

Do I need neuropsychological testing for my claim?

Neuropsychological testing can be an important tool to document cognitive deficits, memory problems, attention issues, and other functional impairments following a traumatic brain injury, especially when symptoms are subtle or not fully captured by standard exams. These assessments provide objective measurements that can clarify the nature and extent of cognitive changes and help guide treatment and rehabilitation recommendations. For legal purposes, neuropsychological evaluations can strengthen a claim by providing measurable evidence of how the injury affects thinking, memory, and daily functioning, which can inform compensation for lost earning capacity and non-economic impacts. Whether testing is necessary depends on the case facts and the treating team’s recommendations, but it is often a valuable component of a thorough claim presentation.

What if the at-fault party denies responsibility?

If the at-fault party denies responsibility, an investigation to collect evidence such as witness statements, surveillance or dashcam footage, accident reports, and medical records becomes especially important to establish fault. Working to reconstruct the incident and gather corroborating documentation can show how the defendant’s actions or negligence caused the injury and supports a claim for damages. When liability disputes persist, options include further negotiation, mediation, or filing a lawsuit to pursue recovery through the courts. Regardless of the path, presenting well-organized evidence and credible medical documentation helps clarify the connection between the incident and the injury and supports attempts to obtain fair compensation.

How are lost wages and earning capacity proven?

Lost wages and reduced earning capacity are proven through employment records, pay stubs, tax returns, and statements from employers describing job duties and any changes following the injury. Vocational assessments may also be used to evaluate how the injury affects a person’s ability to perform prior work and obtain similar employment in the future, and these assessments help quantify potential future earnings losses. Combining financial documentation with medical evidence that explains functional limitations creates a clearer picture of economic damages. Detailed records of missed work, work restrictions, and any overtime or benefit losses support a claim for compensation that reflects both immediate income losses and reduced lifetime earning potential.

Can family members recover damages for a loved one’s TBI?

Family members may recover certain damages when a loved one’s traumatic brain injury leads to loss of consortium, caregiving burdens, or, in wrongful death cases, recovery for funeral and related costs and the decedent’s pain and suffering prior to death. Claims available to family members vary with the circumstances and the nature of the injury’s impact on family life and relationships. In addition, family members who provide unpaid care may document the time and tasks involved to support claims for compensation for caregiving or loss of services. Courts and insurers consider both economic and non-economic impacts on family members when evaluating the broader effects of a traumatic brain injury on the household.

What should I bring to my initial consultation?

For an initial consultation bring any medical records, imaging reports, police or incident reports, photographs of the scene or injuries, employer records showing lost wages, and a list of medical providers and contacts. If you have a journal of symptoms or a record of communications with insurers or the at-fault party, bring those items as well to help provide a complete picture of events and impacts. Providing thorough documentation allows an attorney to assess liability, damages, and potential timelines more accurately and to advise on next steps such as collecting additional records or preserving evidence. If records are still being gathered, bring what you have and be prepared to discuss how the injury has affected daily activities, work, and relationships so the legal team can begin evaluating appropriate actions.

Personal Injury Services in Frankfort

Explore our injury practice areas

⚖️ All Personal Injury Services