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) Lawyer in East New York

Focused TBI Representation

Comprehensive Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can dramatically change daily life for victims and their families in East New York and throughout Kings County. When a TBI results from someone else’s negligence, injured parties need clear information about legal options, medical documentation, and potential compensation for medical costs, lost income, and long term care needs. This guide outlines essential steps to protect your rights after a head injury, describes common causes and signs of TBI, and explains how a personal injury attorney at Ahearne Law Firm PLLC can help navigate insurance claims and litigation while you focus on recovery and care.

If you or a loved one sustained a traumatic brain injury in New York, prompt action helps preserve evidence and strengthen a claim. Early steps include seeking complete medical evaluation, documenting symptoms and treatment, gathering police or incident reports, and preserving witness contact information. A thoughtful legal approach considers the evolving nature of brain injuries, which can produce delayed or changing symptoms over time, and plans for long term needs such as rehabilitation and vocational services. Contacting a qualified attorney early can help ensure deadlines are met, benefits are pursued, and a claim reflects the full scope of current and future losses.

How Representation Helps After a Traumatic Brain Injury

Legal representation after a traumatic brain injury helps victims secure resources needed for medical care, rehabilitation, and daily support. Attorneys assist with gathering medical records, coordinating with treating providers, and working with vocational specialists to estimate long term needs and potential loss of earning capacity. Effective advocacy also manages communication with insurance companies to prevent early undervaluation of claims, and can pursue litigation or settlement strategies suited to the medical facts and personal circumstances. For families coping with a serious brain injury, focused legal support provides structure and persistence while they concentrate on recovery and caregiving duties.

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

Ahearne Law Firm PLLC serves clients in East New York and across New York state, providing attentive representation in personal injury matters including traumatic brain injury claims. Attorney Allan J. Ahearne, Jr. focuses on delivering client-centered advocacy, helping injured individuals and families understand the legal process and pursue fair compensation for medical care, lost income, and long term needs. The firm emphasizes clear communication, thorough investigation of liability, and coordination with medical professionals to document injuries. Clients receive practical guidance about treatment documentation, insurance negotiations, and remedies available through settlement or court proceedings.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim involves demonstrating that another party’s actions or negligence caused harm that resulted in a head injury and related damages. This requires medical documentation showing diagnosis, treatment, and ongoing needs, as well as proof of the incident and the responsible party’s fault. Because TBIs can have cognitive, emotional, and physical effects that evolve over time, claim preparation often includes neuropsychological testing, rehabilitation reports, and expert evaluations to establish the extent of impairment and the likely trajectory of recovery. A well prepared claim captures both immediate expenses and projected long term costs tied to the injury.

Insurance claims and civil lawsuits for traumatic brain injury consider a range of damages, including past and future medical bills, lost wages, loss of earning capacity, pain and suffering, and necessary home or vocational modifications. Establishing causation and linking symptoms to the incident frequently requires detailed medical records and affidavits from treating clinicians, therapists, and sometimes vocational evaluators. Timely preservation of evidence, such as incident reports, witness statements, and surveillance or vehicle data, supports these medical narratives and helps create a fuller picture of how the injury occurred and how it affects daily life and future opportunities.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury refers to damage to the brain caused by an external force, such as a blow to the head, a fall, or a vehicle collision. TBIs vary widely in severity from mild concussions to severe injuries that result in long term cognitive and physical impairments. In a legal claim, documenting a TBI requires medical diagnosis, often from imaging studies and clinical examinations, and may involve ongoing evaluations to track symptoms and recovery. Legal claims focus on linking the injury to the incident, showing how it affects daily function, and calculating related economic and non economic losses.

Loss of Earning Capacity

Loss of earning capacity describes the reduction in a person’s ability to earn income because of physical or cognitive limitations resulting from a traumatic brain injury. It differs from past wage loss by projecting future diminished earning potential based on medical prognosis, vocational assessments, education, and work history. Calculating this loss typically requires coordination between medical providers and vocational evaluators, who estimate how the injury alters career options and lifetime earnings. Courts and insurers consider these projections when awarding damages to compensate for long term financial impact.

Causation

Causation refers to the legal requirement to show that the defendant’s negligent or wrongful conduct directly led to the traumatic brain injury. Establishing causation involves linking the incident, such as a crash or fall, to the medical diagnosis and demonstrating that the injury was a foreseeable result of the defendant’s actions. Medical records, witness statements, and expert medical opinions often support causation arguments by explaining how the force or trauma produced the symptoms and impairments recognized by treating clinicians and diagnostic testing.

Damages

Damages in a TBI claim include economic losses like medical bills, rehabilitation costs, home modifications, and lost wages, as well as non economic losses such as pain and suffering, emotional distress, and loss of consortium. Quantifying damages requires compiling billing records, income documentation, and assessments of future care needs. Accurate valuation of damages helps ensure settlements or awards cover ongoing treatment and lifestyle changes caused by a traumatic brain injury and provides resources to address both immediate and long term consequences for the injured person and their family.

PRO TIPS

Document Symptoms and Treatment

Keep a comprehensive log of symptoms, medical appointments, and how daily activities are affected after a head injury, including changes in memory, mood, sleep, or concentration, so the record reflects the full impact on life and work. Preserve all medical records, imaging reports, therapy notes, and billing statements, and provide timely copies to any legal representative handling the claim. Consistent documentation over weeks and months is important because some consequences of a traumatic brain injury become clearer over time and are essential to establishing the nature and duration of required care.

Seek Prompt and Complete Medical Care

Obtain an immediate medical evaluation following any head trauma to document injuries and to create a medical baseline that supports later claims, and continue follow up care even for symptoms that appear to improve. Follow treatment recommendations and keep detailed notes about therapies, medications, and provider observations, as those records are central to demonstrating ongoing needs and recovery progress. Timely, ongoing care also helps with establishing causal links to the incident and enables a realistic assessment of future rehabilitation and support needs.

Preserve Evidence and Witness Information

Collect incident-related evidence such as police reports, photographs, videos, property damage records, and contact details for witnesses to strengthen the factual basis of a claim and to corroborate medical records linking the event to injury. Keep copies of any correspondence with insurers and avoid giving recorded statements before consulting with legal counsel who can help shape an appropriate response. Maintaining organized evidence supports negotiations and, if necessary, litigation by providing clear factual context around how the injury occurred and who may be accountable.

Comparing Legal Options After a TBI

When a Full Representation Approach Is Appropriate:

Severe or Long Term Injuries

Comprehensive legal representation is appropriate when a traumatic brain injury results in prolonged medical care, ongoing therapy, or permanent functional limitations that require long term planning for medical and vocational needs. A full approach includes thorough investigation, collaboration with medical and vocational professionals, and preparation for litigation if insurers do not offer fair compensation. This path helps ensure the claim accounts for both immediate bills and projected future costs associated with the injury and recovery process.

Complex Liability or Multiple Defendants

When multiple parties may share responsibility or liability is contested, comprehensive representation is important to coordinate discovery, evaluate comparative fault issues, and pursue appropriate claims against all responsible parties. This level of advocacy includes gathering additional evidence, consulting with technical professionals, and managing procedural requirements that protect the injured person’s ability to recover full compensation. Careful legal management helps address complex factual and legal questions that often arise in serious traumatic brain injury cases.

When Limited Legal Assistance May Be Enough:

Minor Injuries with Clear Liability

A more limited legal approach can be appropriate when the injury is medically minor, liability is uncontested, and expenses are limited, allowing a focused negotiation with an insurer without full litigation preparation. In those situations, targeted assistance with documenting losses and negotiating a fair settlement may resolve the matter efficiently. Even with a limited approach, it is important to ensure that the settlement adequately covers any lingering symptoms and that the agreement does not preclude future claims if conditions worsen.

Straightforward Insurance Claims

When the facts are simple and medical treatment is brief, limited legal help focused on completing claim forms and providing evidence to the insurer may secure full payment of medical bills and short term wage loss. Quick resolution can reduce stress and administrative burden while the injured person recovers. However, even seemingly straightforward claims should consider potential delayed symptoms and include safeguards to address any later uncovered needs.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries when occupants strike their heads or experience violent forces that cause brain trauma. These incidents often involve complex evidence such as accident reports, vehicle damage, and witness statements that must be combined with medical documentation to support a claim.

Falls and Slip Hazards

Slips, trips, and falls in public or private spaces can result in head injuries, particularly for older adults or workers in hazardous environments. Establishing liability in fall cases typically requires proof of a hazardous condition, notice or foreseeability, and a link between the fall and the resulting brain injury.

Workplace or Construction Incidents

Workplace impacts, falling objects, and equipment malfunctions can cause traumatic brain injuries on the job and may involve claims to workers compensation as well as third party claims against negligent contractors or manufacturers. Coordinating medical benefits with potential liability claims helps maximize recovery for medical and vocational needs after a work related TBI.

East New York Traumatic Brain Injury Lawyer

Why Choose Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC offers dedicated personal injury representation to individuals and families in East New York and throughout New York state, focusing on achieving fair recovery for traumatic brain injuries. The firm assists with preserving critical evidence, compiling medical and vocational documentation, and negotiating with insurers to address both immediate and long term needs. Attorney Allan J. Ahearne, Jr. and the firm prioritize clear communication, helping clients understand legal steps, timelines, and options so they can make informed decisions while managing medical care and family responsibilities.

Clients working with Ahearne Law Firm receive practical guidance on documenting symptoms, working with treating providers, and planning for future rehabilitation and support. The firm helps coordinate evaluations that quantify medical and vocational impacts, and it advocates for settlements or court remedies that reflect full damages associated with a traumatic brain injury. For families navigating recovery and financial concerns, trustworthy legal advocacy can reduce administrative burdens and guard against premature or undervalued insurance resolutions.

Contact Us for a Free Consultation in East New York

People Also Search For

Traumatic brain injury lawyer East New York

TBI attorney Kings County

brain injury claim Brooklyn

concussion legal help New York

head injury compensation East New York

personal injury lawyer TBI Hudson Valley

Ahearne Law Firm traumatic brain injury

Allan J. Ahearne Jr. TBI attorney

FAQS

What are common signs and symptoms of a traumatic brain injury?

Signs and symptoms of a traumatic brain injury can vary widely and may include persistent headaches, dizziness, memory or concentration problems, mood changes, sleep disturbances, and sensory issues such as blurred vision or ringing in the ears. Some symptoms appear immediately after an injury while others develop or persist over time, and symptoms may affect cognitive, emotional, and physical functioning, impacting daily tasks and work performance. Because TBIs can evolve, keep a detailed symptom log and report changes to medical providers for ongoing assessment and documentation. Clear medical records that track symptoms, diagnostic imaging, and treatment support both medical care and any legal claim by linking symptoms to the incident and demonstrating the injury’s impact on life and earning capacity.

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

You should seek medical attention as soon as possible after any significant head trauma, even if symptoms appear mild at first, because prompt evaluation helps diagnose injuries and create a baseline for future comparisons. Early documentation by medical professionals provides essential evidence that may support a later claim, and it enables timely treatment that can improve outcomes and reduce long term complications. Delays in treatment can complicate medical and legal matters by creating gaps in records or disputes about when symptoms began. If immediate emergency care is not required, schedule a follow up with a primary care provider or a neurologist and keep thorough records of all visits, imaging, and recommendations.

Can I pursue a claim if symptoms appear weeks after the incident?

Yes, you can pursue a claim if symptoms appear weeks after an incident, provided you can demonstrate a connection between the event and the later diagnosed brain injury through medical records and clinician assessments. Traumatic brain injuries sometimes present delayed or progressive symptoms, and medical documentation that traces the onset and progression of symptoms supports a causal link. It is important to preserve all relevant evidence even if symptoms are delayed, including incident reports, witness information, and medical evaluations. Consulting with legal counsel early can help identify necessary records and ensure timely filing of any required claims or notices while medical assessments continue.

What types of compensation are available in a TBI claim?

Compensation in a TBI claim can include past and future medical expenses, costs of rehabilitation and long term care, lost wages and reduced earning capacity, and non economic damages such as pain and suffering and diminished quality of life. Awards also may cover necessary home modifications, assistive devices, and vocational retraining costs when the injury limits previous work abilities. Accurately estimating compensation typically involves collaborating with medical providers, accountants, and vocational evaluators to document current bills and project future needs. Negotiations or court proceedings aim to reflect both tangible expenses and the intangible effects of the injury on daily living and relationships.

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

New York’s statute of limitations for personal injury claims generally requires filing a lawsuit within three years from the date of the incident, though exceptions can apply in certain circumstances and different rules may govern claims against government entities. Timely action is essential to avoid losing the right to pursue compensation, and preserving evidence and documentation early strengthens any later filing. Because each case has unique facts and potential exceptions, consult promptly with legal counsel to understand deadlines that apply to your situation and to ensure required notices or filings are completed within the appropriate time frames to protect your claim.

Will my case require expert medical testimony?

While the term expert should be avoided in certain contexts, medical testimony is often necessary to explain the diagnosis, prognosis, and functional limitations associated with a traumatic brain injury, especially when symptoms are subtle or contested. Treating clinicians, therapists, and medical evaluators provide the medical foundation that links the injury to the incident and details ongoing care needs and recovery expectations. Legal preparation also frequently involves coordination with vocational and rehabilitation professionals to quantify future care and earning capacity impacts. Thorough medical and vocational documentation helps create a credible presentation of both current impairments and projected long term consequences for claim valuation.

How do I document losses related to a brain injury?

Document losses related to a brain injury by keeping comprehensive records of medical visits, diagnoses, test results, therapy sessions, medication costs, and receipts for related expenses. Track time missed from work, reduced hours or duties, and changes in earning potential, and maintain a journal describing daily limitations, cognitive or emotional changes, and how the injury affects personal and occupational activities. Organize bills, insurance explanations of benefits, employer statements, and any vocational assessments that estimate future care needs. Clear and continuous documentation supports accurate calculation of economic damages and provides persuasive evidence for negotiations or court proceedings.

What if multiple parties share fault for the injury?

When multiple parties share fault for an injury, New York’s comparative negligence rules may reduce recoverable damages proportionate to the injured person’s share of fault, but claimants still may recover compensation from other responsible parties. Identifying all potentially liable entities and allocating responsibility among them requires careful investigation of the incident, which may include examining safety practices, maintenance records, and witness accounts. Coordinating claims against multiple defendants and addressing potential fault apportionment is part of building a comprehensive case that seeks fair recovery reflective of each party’s contribution to the event. Legal guidance helps ensure claims are filed against all appropriate parties and that liability evidence is presented effectively.

How does workers compensation interact with third party claims?

Workers compensation typically provides benefits for medical care and lost wages for employees injured on the job, but it may not cover non economic damages such as pain and suffering. When a third party, such as a negligent contractor or vehicle driver, contributed to the injury, an injured worker may pursue a separate third party claim in addition to workers compensation benefits. Coordinating these claims requires attention to how workers compensation liens and subrogation rights affect recovery, and careful handling ensures medical bills and benefits are addressed while preserving the right to pursue additional compensation from third parties responsible for the traumatic brain injury.

What should I bring to my initial consultation?

For an initial consultation, bring any relevant medical records, imaging reports, hospital discharge summaries, and lists of treating providers, along with police or incident reports and photographs of the scene or injuries if available. Also bring documentation of lost wages, employer absence records, insurance correspondence, and contact information for any witnesses to the incident. Providing a clear timeline of events, a symptom log, and copies of bills and receipts helps the attorney assess the claim’s scope and advise on next steps. Early review of these materials enables timely preservation of evidence and appropriate planning for medical and legal follow up.

Personal Injury Services in East New York

Explore our injury practice areas

⚖️ All Personal Injury Services