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Traumatic Brain Injury (TBI) Lawyer in Brockport, NY

Compassionate, Focused Representation

Complete Guide to Traumatic Brain Injury Claims

Suffering a traumatic brain injury is often life-altering, and pursuing a legal claim can feel overwhelming while you focus on recovery. At The Ahearne Law Firm PLLC in Brockport, New York, we help people understand their rights after a head injury caused by a motor vehicle collision, a slip and fall, or another person’s negligence. This guide explains what to expect from the legal process, common medical and legal terms you will encounter, and practical steps to preserve evidence and protect your claim so you can focus on healing and daily life adjustments.

Traumatic brain injuries vary widely in severity and long-term impact, and even a mild concussion can lead to persistent cognitive and emotional symptoms that affect work, family life, and independence. When someone else’s actions cause your injury, you may be entitled to compensation for medical care, lost income, and changes to your quality of life. This page walks through how a claim typically proceeds in Monroe County, what documentation helps prove your case, and how local legal representation can assist with gathering records, communicating with insurers, and advocating for full and fair compensation.

Why Legal Help Matters for Brain Injury Claims

Pursuing a personal injury claim after a traumatic brain injury helps ensure that the full costs of recovery are considered, including ongoing medical treatment, rehabilitation, lost income, and adaptations needed at home. Legal action can secure resources to cover future care, ease financial strain during recovery, and provide accountability for the actions that caused your injury. A well-prepared claim also reduces the risk that insurance companies will undervalue the claim based on short-term symptoms, by properly documenting long-term impacts and medical needs so decision makers understand the real effects on your life.

About The Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC represents injury victims in Monroe County and surrounding areas, with a focus on personal injury matters including traumatic brain injuries. Allan J. Ahearne, Jr. and the team work to gather medical records, consult with treating clinicians, and prepare claims that reflect the full scope of injury-related losses. The firm emphasizes client communication and personalized attention, helping people navigate deadlines, insurance procedures, and legal filings while pursuing fair compensation to address medical bills, rehabilitation, lost wages, and other consequences of a serious head injury.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim typically involves proving that another party’s negligence or wrongful conduct caused a head injury that resulted in measurable damages. That process usually requires documenting how the injury occurred, obtaining emergency and follow-up medical records, and showing a connection between the incident and your current symptoms or need for care. Medical imaging, neuropsychological testing, and treating provider notes are often important. Establishing liability and the extent of damages also depends on witness statements, accident reports, and sometimes expert opinion about causation and prognosis.

In New York, injured persons must also be mindful of procedural rules that affect their case, including the statute of limitations for filing a lawsuit and specific discovery and notice requirements. Insurance companies will often request recorded statements and medical authorizations early in the process, and how those interactions are handled can influence settlement outcomes. Working with legal counsel can help ensure your rights are protected, that you meet critical deadlines, and that evidence is preserved and presented effectively to support a full recovery of damages.

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Key Terms and Simple Definitions

Traumatic Brain Injury (TBI)

A traumatic brain injury is an injury to the brain caused by an external force, such as a blow to the head, sudden acceleration-deceleration, or penetration injury. Symptoms can include headaches, memory problems, difficulty concentrating, mood changes, dizziness, and sleep disturbances. Medical evaluation often includes neurological exams, imaging, and cognitive testing to assess the severity and effects of the injury, and ongoing follow-up care may be necessary to address physical, cognitive, and emotional sequelae over time.

Neuropsychological Testing

Neuropsychological testing is a series of standardized assessments administered by trained clinicians to evaluate cognitive functions such as memory, attention, processing speed, and executive function. These tests help document how a brain injury affects mental abilities and can provide objective evidence of cognitive impairment. Results can inform treatment planning and are often useful in legal claims to demonstrate the functional impact of a brain injury on daily activities, work, and quality of life.

Causation

Causation refers to the requirement in a personal injury case to show that the defendant’s conduct directly led to the injured person’s harm. For brain injury claims, causation involves connecting the incident to medical findings and symptoms through records, provider statements, and sometimes professional opinion. Establishing causation helps determine liability and supports a claim for damages tied to medical treatment, rehabilitation, lost earnings, and other consequences attributable to the injury.

Damages

Damages are the monetary losses a person can seek after an injury, including medical costs, future treatment, lost wages, reduced earning capacity, pain and suffering, and costs of home modifications or personal care. In brain injury cases, damages may be substantial because of ongoing medical needs and long-term impairments. Accurate documentation of past and projected expenses, plus evidence of how daily life has been affected, is essential to support a claim for full and fair compensation.

PRO TIPS

Document Medical Care Promptly

Seek immediate medical attention after any head trauma and keep organized records of all visits, tests, and treatments. Consistent documentation of symptoms, medications, and therapy sessions helps establish a clear timeline of injury and recovery needs. Maintaining a detailed medical file and note of symptom progression strengthens your ability to prove the scope of your injuries in a claim.

Preserve Evidence and Records

Save accident reports, photographs, witness contact information, and any correspondence with insurers. Early preservation of physical evidence and reliable witness statements can prevent loss of critical information as time passes. Providing complete records to legal counsel and treating providers supports an accurate assessment of damages and liability.

Communicate Carefully with Insurers

Insurance companies often seek quick statements and releases that can limit recovery if handled improperly. Before providing formal statements or signing authorizations, consider consulting legal representation to understand how to protect your claim. Clear, concise documentation of medical care and losses helps keep communications focused on factual information rather than speculation.

Comparing Legal Approaches for Brain Injury Cases

When a Full Representation Is Beneficial:

Complex Medical Evidence

Cases involving multiple medical providers, inpatient stays, specialized testing, or long-term rehabilitation generally require thorough legal preparation to compile records and explain medical findings. The coordination of medical documentation and expert medical testimony may be necessary to demonstrate the long-term effects and expected future needs. Strong case organization helps present a clear narrative of injury mechanisms, treatment, and anticipated care costs to insurers and triers of fact.

Significant Financial Impact

When a brain injury leads to substantial lost wages, diminished earning capacity, or the need for home modifications and ongoing care, careful claims preparation is essential to quantify those losses accurately. Detailed records of employment, income, and projected work limitations support claims for economic damages. Preparing persuasive documentation helps ensure the claim accounts for both immediate and long-term financial consequences.

When a Focused or Limited Approach May Work:

Mild Injuries with Clear Liability

In cases where liability is undisputed and the injury is mild with a straightforward recovery, a more focused approach to negotiation may resolve the claim efficiently. Basic documentation of medical care and lost time from work may be sufficient to reach a fair settlement. Even in these situations, preserving records and ensuring complete medical documentation remain important to support recovery of damages.

Early Cooperative Resolution

When the responsible party’s insurer offers prompt, reasonable compensation that covers documented medical costs and income losses, a limited claim handling process can be appropriate. Quick resolutions reduce prolonged stress and legal expense while securing needed funds for recovery. However, careful review is still important to confirm that the offer fully accounts for future care and impacts on daily functioning.

Common Situations That Lead to Brain Injury Claims

Motor Vehicle Collisions

Head injuries frequently occur in automobile, motorcycle, and bicycle accidents when impacts or rapid motions cause brain trauma and concussive injuries. These incidents often involve multiple witnesses, police reports, and medical records that form the basis of a legal claim.

Slip, Trip, and Fall Accidents

Falls on hazardous property conditions can produce significant head trauma, particularly for older adults and those who strike their head on hard surfaces. Property owners’ liability and maintenance records are often relevant when pursuing compensation for injuries sustained in a fall.

Workplace and Recreational Injuries

Workplace incidents, sports injuries, and other recreational accidents can cause brain injuries that require medical and rehabilitative care. Determining whether workers’ compensation, third-party claims, or multiple sources of recovery apply is an important part of case planning.

Traumatic Brain Injury Lawyer Serving Brockport and Monroe County

Why Choose The Ahearne Law Firm for TBI Claims

The Ahearne Law Firm PLLC assists clients in Brockport and throughout Monroe County with personal injury claims stemming from traumatic brain injuries. Allan J. Ahearne, Jr. and the team focus on helping injured people gather medical documentation, prepare demand packages, and negotiate with insurers to pursue compensation for medical treatment, lost wages, and ongoing care needs. The firm places priority on client communication and practical guidance so claimants understand options at each stage of the process and can make informed decisions about their recovery and legal path.

When you contact the firm, staff will listen to the circumstances of the injury, help obtain relevant records, and explain time-sensitive requirements such as filing deadlines and medical authorizations. The firm assists with coordinating medical evaluations, assessing economic losses, and preparing persuasive case summaries that reflect the full impact of the injury on daily life. This support aims to reduce administrative burdens for injured persons while advocating for appropriate compensation for treatment and long-term needs.

Ready to Discuss Your Claim? Call (845) 986-2777

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FAQS

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

A traumatic brain injury refers to injury to the brain resulting from an external physical force such as a blow to the head, rapid acceleration-deceleration, or a penetrating injury. Symptoms can range from short-term confusion and headaches to longer-lasting cognitive, emotional, and physical impairments. Diagnosis typically involves a neurological examination, imaging such as CT or MRI when indicated, and sometimes neuropsychological testing to evaluate cognitive function and document deficits. Accurate diagnosis often requires follow-up evaluations because some symptoms evolve over time or become apparent only as the person resumes normal activities. Keeping detailed records of symptoms, medical visits, test results, and treatment plans is important for both clinical care and any legal claim. Coordination between treating clinicians and those reviewing records for legal purposes helps connect medical findings to the event that caused the injury.

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

In New York, the statute of limitations for most personal injury actions is generally two years from the date of the injury, though specific circumstances can affect that timeframe. Missing the applicable deadline can bar a lawsuit, so it is important to determine the correct filing period as soon as possible after an injury. Certain claims or facts may extend or shorten deadlines, and timely notice may be required in cases involving governmental defendants. Because deadlines are strict, contacting a law office early helps protect your legal options while medical needs are addressed. Early consultation also supports preservation of evidence and witness recollections, which can fade with time, and assists in compiling medical documentation required to support a claim within the allowable filing window.

What types of compensation can I recover for a traumatic brain injury?

Compensation in a traumatic brain injury claim can include recovery for past and future medical expenses, rehabilitation, therapies, and necessary assistive devices or home modifications. Economic damages may cover lost wages and reduced earning capacity, while non-economic damages can address pain and suffering, loss of enjoyment of life, and emotional impact caused by the injury. Accurately valuing these damages often depends on medical records, vocational assessments, and documentation of daily limitations. Gathering comprehensive records and clear evidence of how the injury changed employment prospects and daily functioning supports a claim for both current costs and anticipated future needs tied to the injury.

How do medical records and tests affect a TBI claim?

Medical records and diagnostic testing form the foundation of most brain injury claims by documenting the injury, treatment provided, and ongoing medical needs. Imaging studies, hospital notes, neurologic assessments, and therapy reports help show the nature and severity of the injury, while neuropsychological testing can quantify cognitive impairments and functional limitations. Consistent treatment records that reflect symptom progression and rehabilitation goals strengthen the connection between the incident and the injury’s effects. Missing or inconsistent documentation can make it more difficult to prove the extent of damages, so careful record-keeping and authorization to obtain relevant records are critical components of building a persuasive claim.

Should I accept a quick settlement offer from an insurance company?

A quick settlement offer from an insurer may be tempting, but it should be evaluated carefully to ensure it fully covers current and future medical costs, lost income, and other long-term impacts. Initial offers are often aimed at resolving claims quickly for less than the full value, and accepting early may prevent recovery of future expenses that become apparent as recovery progresses. Before accepting any offer, review all medical information and consider potential future needs; if necessary, obtain a professional assessment of long-term care and vocational implications. Consulting with a legal representative can help determine whether an offer is appropriate or whether further negotiation is warranted to secure fair compensation that accounts for anticipated future costs related to the injury.

How can I prove that the injury was caused by the incident?

Proving causation requires connecting the incident to the injury through evidence such as medical records, witness accounts, accident reports, and sometimes specialized medical opinion. Timely medical evaluation after the event, consistent treatment records, and documentation that symptoms began or worsened following the incident help establish that the injury was caused by the event in question. When causation is disputed, medical professionals and focused assessments can be used to explain how the mechanism of injury is consistent with the brain injury diagnosed. Collecting contemporaneous evidence, including photos of the scene and statements from witnesses, supports a coherent narrative that links the incident to the resulting harm and associated losses.

What role do witness statements and accident reports play in my case?

Witness statements and official accident reports provide independent accounts of how an incident occurred and can corroborate your version of events. These documents often include observations regarding fault, roadway or property conditions, and immediate reactions that help establish the circumstances leading to a brain injury. Gathering contact information for witnesses early helps preserve their recollections, and police or incident reports can be used as contemporaneous records that support liability. Together with medical documentation and other evidence, witness and official reports strengthen a claim by painting a fuller picture of causation and responsibility for the injury.

Can I recover for future care and lost earning capacity?

It is possible to recover for future medical care and diminished earning capacity when there is a reasonable medical basis to predict ongoing needs and wage impacts. Documentation such as treatment plans, prognosis statements from treating clinicians, and vocational assessments can substantiate claims for anticipated future costs and lost earning potential attributable to the injury. Accurately projecting future damages requires careful collection of medical opinions and economic analysis, which may include input from treating providers and vocational professionals. Presenting these projections clearly helps insurers and decision makers understand why compensation beyond immediate medical bills is necessary to address the long-term consequences of a brain injury.

What costs are involved in pursuing a traumatic brain injury claim?

Costs involved in pursuing a traumatic brain injury claim can include fees for obtaining medical records, costs for specialized assessments or testing, and potential expert evaluations to explain medical findings and future care needs. Many personal injury firms handle cases on a contingency basis, meaning fees and costs are addressed from any recovery, but it is important to confirm fee arrangements and how costs will be advanced or managed. Understanding how legal fees, medical-legal assessments, and case expenses are handled upfront helps injured persons make informed decisions about pursuing a claim. Discussing anticipated expenses and fee structures early in the process provides clarity about financial responsibilities and how a recovery will be distributed to cover costs, fees, and client compensation.

How do I start the process of filing a claim in Brockport?

To start a claim in Brockport, gather any available medical records, accident reports, witness contact information, and documentation of lost income and expenses, then contact a law office that handles personal injury matters. Early consultation helps identify immediate steps to preserve evidence, meet filing deadlines, and collect necessary records while you continue medical care. When you reach out, the firm can explain next steps including obtaining medical records, communicating with insurers, and assessing potential claims against responsible parties. Filing a claim may involve settlement negotiations or litigation if necessary to obtain fair compensation, and prompt action supports evidence preservation and case preparation.

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