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Traumatic Brain Injury (TBI) Attorney in Brooklyn Heights

Advocacy for Your Recovery

A Practical Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can change lives in an instant and bring long-term medical, financial, and emotional challenges. If you or a loved one sustained a head injury in Brooklyn Heights from a car crash, fall, or other accident, knowing your options for pursuing compensation is important. The Ahearne Law Firm PLLC handles personal injury matters throughout New York and can review the facts of your case, explain possible recovery paths, and describe the next steps for preserving evidence and documenting losses. Early action often makes a difference in securing records and support for your claim.

A traumatic brain injury claim typically involves complex medical records, witness statements, and proof of how the injury affects daily life and earning capacity. Families facing TBI often need help coordinating treatment, obtaining expert medical opinions, and putting together a clear narrative for insurers or a court. Attorney Allan J. Ahearne, Jr. and the firm can assist with these tasks while keeping you informed about legal timelines, potential compensation categories, and strategies to protect your interests throughout recovery and the claims process.

Why Acting Quickly Matters in TBI Cases

Timely steps after a traumatic brain injury are important because medical documentation, eyewitness accounts, and physical evidence can degrade or disappear over time. Prompt medical evaluation creates a record that links symptoms to the incident, and early investigative efforts help identify liable parties and potential witnesses. A carefully prepared claim can improve the chances of obtaining compensation for medical care, rehabilitation, lost income, and changes to lifestyle. Taking action promptly also helps meet statutory deadlines and prevents avoidable delays that could weaken your position with insurers or in court.

About Ahearne Law Firm and Attorney Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC represents clients in personal injury matters across New York, including Brooklyn Heights and Kings County. Attorney Allan J. Ahearne, Jr. focuses on guiding injured individuals through insurance negotiations and litigation when necessary. The firm works to obtain medical records, consult with health care providers, and present a clear case for fair compensation. Clients are treated with direct communication and practical planning, with attention to both immediate needs and long-term recovery goals, including rehabilitation, ongoing care, and financial stability.

Understanding Traumatic Brain Injury Cases

Traumatic brain injuries vary from mild concussions to serious brain trauma that results in cognitive, emotional, and physical impairment. Common causes include motor vehicle collisions, pedestrian strikes, falls, and violent impacts. Symptoms can be immediate or delayed and may include headaches, memory difficulties, dizziness, sensory changes, mood shifts, and sleep disturbances. Medical imaging, neurocognitive testing, and ongoing evaluations are often necessary to document the injury and its effects over time. Proper documentation helps establish the link between the accident and the injury for insurance or legal claims.

From a legal perspective, TBI claims generally focus on showing liability, causation, and damages. Liability requires showing that another party owed a duty of care and breached it, which led to the injury. Damages can include medical expenses, rehabilitation costs, lost earnings, diminished earning potential, and compensation for pain and diminished quality of life. Gathering thorough medical records, witness statements, and employment documentation is vital to support these categories. Families may also need to plan for long-term care costs and vocational adjustments as part of the overall claim.

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Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury is damage to the brain caused by an external force, such as a blow to the head, rapid acceleration or deceleration, or penetration of the skull. TBIs can be classified by severity and can lead to a wide range of symptoms including cognitive impairment, headaches, sensory changes, mood and personality shifts, and physical disabilities. Diagnosis typically relies on medical history, clinical exams, and diagnostic tools such as CT scans, MRI, and cognitive testing. Legal claims for TBI focus on linking the injury to an incident and documenting resulting losses and care needs over time.

Concussion

A concussion is a form of mild traumatic brain injury resulting from a blow or jolt to the head that can temporarily disrupt brain function. Symptoms often include brief loss of consciousness, confusion, headache, nausea, dizziness, memory problems, and sensitivity to light or noise. While many concussions resolve with time and rest, some individuals experience lingering symptoms that require medical monitoring and rehabilitation. In legal contexts, documentation of symptoms, treatment, and any ongoing limitations is necessary to support claims for medical care and related losses.

Cognitive Impairment

Cognitive impairment refers to difficulties with thinking skills such as memory, attention, problem-solving, processing speed, and language that can result from a brain injury. These deficits can affect daily functioning, job performance, and relationships, and may be subtle or severe depending on the injury. Neuropsychological testing and ongoing clinical assessment are common methods to measure cognitive change and document functional limitations. In a legal case, clear evidence of cognitive impairment supports claims for medical care, rehabilitation, vocational assistance, and compensation for diminished quality of life.

Neuropsychological Testing

Neuropsychological testing is a set of standardized assessments administered by clinicians to evaluate cognitive abilities such as memory, attention, language, and executive function following a brain injury. These tests help identify areas of impairment, track recovery, and inform treatment and rehabilitation planning. Results can also provide objective support for legal claims by showing measurable changes in cognitive function that relate to the injury. Including testing reports in a claim helps establish the extent of impairment and the need for ongoing care or accommodations in work and daily life.

PRO TIPS

Seek Immediate Medical Attention

If you suspect a head injury, obtain medical evaluation right away to document symptoms and receive prompt care. Early records create a clear medical timeline that links symptoms to the incident and support any later claim for treatment and recovery needs. Timely treatment also helps identify complications early and informs both medical planning and legal documentation.

Document Everything Related to the Incident

Keep detailed notes about symptoms, medical appointments, medications, and how the injury affects daily activities to build a comprehensive record. Preserve evidence such as photos of the scene, damaged property, and contact information for witnesses who observed the event or its aftermath. Thorough documentation strengthens your ability to demonstrate the scope of loss and the connection between the accident and the injury when dealing with insurers or on formal claims.

Avoid Quick Settlements Without Full Information

Insurers sometimes offer early settlements that do not reflect future care needs or long-term impacts, so consider delaying agreements until you understand prognosis and recovery prospects. Allowing time for medical treatment and evaluation ensures that settlement discussions account for rehabilitation, ongoing therapy, and lost earnings that may emerge later. Taking a measured approach helps protect financial resources needed for long-term recovery and support.

Comparing Legal Options for TBI Claims

When Comprehensive Representation Is Advisable:

Complex Injuries and Long-Term Care Needs

A comprehensive approach is often appropriate when the injury results in long-term care needs, cognitive impairment, or significant loss of income over time. In such situations, careful investigation, ongoing medical documentation, and consultation with health care providers are needed to quantify damages and plan for future expenses. A full representation helps assemble a complete picture of losses and pursue compensation that addresses both present costs and anticipated future needs.

Multiple At-Fault Parties or Liability Disputes

When liability is disputed or several parties may share responsibility, thorough investigation and legal strategy are necessary to establish fault and apportion damages. Complex liability issues require collecting witness testimony, accident reconstruction data, and records that clarify the chain of events. A detailed approach helps ensure all potentially responsible parties are identified and that claim evaluations reflect the full extent of harm.

When a Limited Approach May Suffice:

Minor Concussion with Clear Recovery Expected

A more limited approach can be appropriate when medical providers expect a complete recovery and treatment costs are modest and well documented. In such cases, streamlined negotiations with insurers may resolve matters without extensive investigation or litigation. It remains important to preserve medical records and follow up on any lingering symptoms to ensure the claim reflects actual recovery and costs.

Clear Liability and Modest Medical Costs

If responsibility for the accident is undisputed and total medical and related costs are limited, focused settlement efforts may resolve the claim efficiently. The emphasis in these matters is accurate documentation and effective negotiation to secure fair compensation without protracted proceedings. Even with a limited approach, preserving evidence and obtaining appropriate medical records remains necessary to achieve a suitable outcome.

Common Circumstances Leading to TBI Claims

Motor Vehicle Collisions

Car, truck, and motorcycle crashes are frequent causes of traumatic brain injuries due to sudden deceleration, impact, or impact with vehicle interiors. These accidents often require extensive medical attention and documentation to track recovery and support claims for compensation.

Slip and Fall Accidents

Falls on unsafe premises can cause head trauma when a person strikes a hard surface or object, and property owners may be responsible if they failed to address hazards. Prompt medical evaluation and documentation of the scene, hazards, and witness accounts are important to support a premises liability claim.

Workplace Head Injuries

Workplace incidents, including falls, struck-by events, and industrial accidents, can produce traumatic brain injuries that require medical treatment and may involve both workers’ compensation and third-party claims. Coordinating benefits and documenting the full impact on work ability helps protect recoveries for medical care and lost earnings.

Brooklyn Heights Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for Your TBI Claim

Clients in Brooklyn Heights and throughout New York turn to the Ahearne Law Firm PLLC for focused personal injury advocacy that aims to support recovery and secure fair compensation. Attorney Allan J. Ahearne, Jr. and the firm assist with gathering medical records, preserving evidence, and communicating with insurers while keeping clients informed at every stage. The practice prioritizes practical planning for medical care, rehabilitation needs, and financial relief so families can focus on recovery while the firm handles claims and negotiations.

The firm’s approach is to evaluate each claim carefully, coordinate necessary medical and vocational documentation, and prepare clear presentations of damages to insurers or a court if litigation is needed. Communication is handled with attention to client priorities, timelines, and options for resolving disputes. The firm seeks to achieve outcomes that reflect both current medical costs and the potential need for ongoing care or support related to the injury.

Call (845) 986-2777 to Schedule a Free Consultation

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FAQS

What is a traumatic brain injury and how is it diagnosed?

A traumatic brain injury occurs when an external force causes damage to the brain, and its effects can range from short-lived symptoms to long-term functional impairments. Diagnosis typically involves an initial medical evaluation, neurological exams, and diagnostic imaging such as CT scans or MRI to identify bleeding, swelling, or structural changes. Clinicians may also use cognitive assessments and symptom tracking to understand the injury’s impact over time and inform treatment and rehabilitation planning. For legal purposes, establishing a clear medical record that links the diagnosis to the incident is important. Ongoing documentation of symptoms, treatments, and how daily life is affected provides evidence of damages for a claim. Working with medical providers and obtaining objective testing results strengthens the ability to show the nature and extent of the injury when seeking compensation from insurers or in litigation.

How soon should I seek legal help after a head injury?

It is advisable to seek legal guidance as soon as practical after a head injury, especially while medical records, witness recollections, and physical evidence are still accessible. Early consultation helps preserve critical documentation, identify liable parties, and ensure compliance with statute of limitations and insurance notice requirements. Taking prompt steps can prevent avoidable obstacles and allow for a coordinated approach to medical treatment and evidence collection. An attorney can explain deadlines and practical steps to protect your interests, but immediate medical care should never be delayed for legal reasons. Preserving documentation of symptoms, treatments, and lost work also supports both medical recovery and any later claim negotiations, helping to create a full and accurate picture of your losses over time.

What types of compensation are available in a TBI claim?

Compensation in a traumatic brain injury claim can cover medical expenses, including emergency care, hospitalization, surgeries, rehabilitation, and ongoing therapy. It may also include lost wages for time away from work, diminished future earning capacity if the injury affects job performance, and compensation for pain, suffering, and diminished quality of life. In some cases, claims can include costs for home modifications, caregiver assistance, and vocational rehabilitation services. The exact categories and amounts depend on the severity of the injury, documentation of losses, and liability facts. Gathering comprehensive medical records, bills, employment histories, and expert opinions where needed helps establish the scope of damages and supports a claim for compensation that addresses both current and anticipated future needs.

How long does it take to resolve a TBI personal injury claim?

The timeline to resolve a traumatic brain injury claim varies widely based on factors such as the complexity of the injury, the clarity of liability, the need for long-term medical evaluation, and whether the case settles or proceeds to trial. Simple claims with clear liability and modest damages may resolve in months, while complex claims involving long-term care needs, disputed liability, or litigation can take a year or longer. Allowing time for recovery and thorough documentation often results in stronger outcomes. Negotiations with insurers typically follow a period of medical treatment and records collection, and parties may engage in mediation or litigation if settlement is not reached. Preparing a case carefully during the early stages, maintaining communication about prognosis, and keeping thorough records helps move the process forward efficiently while protecting the injured person’s interests.

Will an early settlement be enough to cover future needs?

An early settlement can be appropriate in cases where medical treatment is complete, prognosis is clear, and damages are modest and well-documented. However, accepting an early offer without fully understanding long-term effects or future care needs can leave injured individuals undercompensated. Insurers may make quick offers that do not reflect ongoing therapy, rehabilitation, or diminished earning capacity that emerges later. Before agreeing to any settlement, it is important to evaluate current and potential future costs and confirm that compensation covers medical bills, rehabilitation, lost income, and other losses. Taking time to obtain necessary medical opinions and documentation helps ensure that any settlement is sufficient to address both present and anticipated needs.

How do medical records and testing affect my claim?

Medical records and diagnostic testing form the backbone of a TBI claim by documenting the injury, treatment, and functional limitations. Records from emergency care, follow-up visits, imaging studies, and neuropsychological testing establish the timeline, severity, and effects of the injury. Detailed documentation of symptoms, treatment plans, and adaptive needs helps demonstrate the connection between the incident and resulting losses. Objective testing results, progress notes, and statements from treating clinicians carry weight in discussions with insurers and in court. Consistent record-keeping and timely medical evaluations also help quantify damages, support requests for rehabilitation and long-term care, and provide reliable evidence of how the injury affects daily life and employment.

Can I pursue a claim if the injury happened at work?

If a traumatic brain injury occurred at work, injured workers may have access to workers’ compensation benefits for medical care and partial wage replacement regardless of fault. While workers’ compensation can cover many immediate needs, it may not compensate fully for non-economic losses or diminished future earning capacity that could be pursued in a third-party claim against a negligent party. Coordinating workers’ compensation with any third-party claims is important to maximize overall recovery. Determining the best path forward requires evaluating the incident’s facts and identifying any third parties who may be responsible, such as contractors, property owners, or equipment manufacturers. Proper coordination ensures that all available benefits are pursued and that third-party claims are not overlooked when additional compensation may be warranted.

What should I do if an insurance company contacts me?

If an insurance company contacts you after an injury, it is important to be cautious about providing recorded statements or signing releases without understanding the implications. Insurers often seek early statements to assess liability and may use information to limit their exposure. Instead, collect the insurer’s contact information and consult with legal counsel before sharing detailed statements or accepting settlement offers. Providing basic facts such as your name, date of loss, and contact information is reasonable, but avoid agreeing to recorded interviews or detailed descriptions until you have medical documentation and legal guidance. Consulting with an attorney helps ensure your rights are protected and that any communications with insurers support your claim rather than undermine it.

How do you prove long-term cognitive or emotional changes?

Proving long-term cognitive or emotional changes typically involves combining clinical documentation, neuropsychological testing, and testimony from treating clinicians, family members, or vocational specialists. Objective test results can show deficits in memory, attention, processing speed, and executive function, while treatment notes and therapy records document ongoing symptoms and functional limitations. Statements from employers or vocational evaluators can further illustrate the injury’s impact on work ability. Collecting consistent medical records over time and obtaining evaluation reports that explain functional limitations in plain terms strengthens a claim. Demonstrating how cognitive and emotional changes affect daily living, work performance, and relationships helps translate clinical findings into meaningful legal damages for compensation or support services.

What are the next steps to start a claim with the firm?

To start a claim with the firm, contact the Ahearne Law Firm PLLC by phone at (845) 986-2777 or through the website to schedule an initial consultation. During that consultation, the firm will review the incident details, discuss medical care received, outline potential legal options, and explain practical next steps for preserving records and evidence. The firm will also explain relevant timelines and what documentation will be useful in building your claim. If you choose to proceed, the firm will assist with collecting medical records, obtaining witness statements, and coordinating any necessary testing or consultations. The goal of these early steps is to build a clear record of injury and losses, protect your rights, and pursue fair compensation through negotiation or litigation as appropriate to your case.

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