Traumatic brain injuries (TBIs) can change lives in an instant, and residents of Glen Cove and Nassau County deserve clear information and strong representation after an accident. At The Ahearne Law Firm PLLC, Attorney Allan J. Ahearne, Jr. helps injured individuals by investigating causes, documenting injuries, and pursuing fair compensation for medical bills, lost wages, and long-term care. If you or a loved one suffered a head injury in a motor vehicle collision, fall, or workplace incident, call (845) 986-2777 to arrange a consultation. We serve clients in Glen Cove and across New York with focused attention to each claim’s details and needs.
Legal representation after a traumatic brain injury helps ensure that medical costs, rehabilitation needs, and long-term care considerations are documented and valued appropriately. TBIs often involve cognitive and emotional impacts that may not be immediately apparent, and a thorough legal approach seeks evidence of those ongoing challenges so compensation reflects both present and future needs. An attorney can coordinate with medical providers to obtain clear records, consult with appropriate professionals to explain projected care requirements, and handle negotiations with insurers to reduce the stress on you and your family. This process aims to secure resources to support rehabilitation and daily living adjustments.
A traumatic brain injury, or TBI, occurs when an external force causes damage to the brain, which can result from impacts such as vehicle collisions, falls, or strikes to the head. TBIs range from mild concussions to more severe injuries that cause lasting cognitive, emotional, and physical impairments. Symptoms may include headaches, memory problems, difficulty concentrating, mood changes, dizziness, and sensory disturbances. Accurate diagnosis typically relies on medical imaging, neurological exams, and ongoing symptom tracking to determine the extent of injury and appropriate treatment plans, including rehabilitation and supportive therapies.
A concussion is a form of mild traumatic brain injury that disrupts normal brain function, often after a blow to the head or sudden acceleration–deceleration forces. Symptoms can be immediate or delayed and may include confusion, headache, nausea, memory gaps, or sensitivity to light and sound. While termed “mild” because it is not typically life-threatening, a concussion can still lead to significant short-term and sometimes prolonged cognitive and emotional effects. Proper medical evaluation and gradual return-to-activity plans are important to reduce the risk of further injury and support recovery.
Cognitive impairment after a traumatic brain injury refers to difficulties with memory, attention, problem solving, executive function, and processing speed that affect daily tasks and work performance. These changes may be subtle at first and become more noticeable as demands increase or as recovery progresses. Neuropsychological testing helps measure the nature and extent of cognitive deficits, guiding treatment strategies and providing evidence of functional limitations for legal and vocational assessments. Documenting these impairments is essential when seeking compensation for diminished earning capacity and life changes resulting from the injury.
A life-care plan is a detailed projection of the long-term medical, rehabilitative, and support needs of a person with a significant brain injury, estimating future costs for treatment, therapy, assistive devices, home modifications, and caregiver support. Prepared by medical and rehabilitation professionals, a life-care plan outlines the anticipated course of care based on current condition and prognosis, providing a basis for calculating future damages in a legal claim. Including a life-care plan in a case helps ensure settlement or jury awards consider ongoing expenses and quality-of-life adjustments necessary for the injured person’s support.
After any head injury, keep a detailed record of symptoms, medical visits, and how daily activities are affected in the weeks and months that follow. Note changes in sleep, mood, concentration, and physical ability, and share these observations with treating clinicians to support accurate diagnosis and treatment planning. Consistent documentation creates a clearer picture of ongoing needs for a legal claim and helps clinicians adjust care to address evolving concerns.
Collect contact information for witnesses, take photos of the accident scene when safe to do so, and preserve any equipment or clothing involved in the incident. Early evidence collection supports reconstruction of events and helps demonstrate liability and the circumstances leading to injury. Promptly sharing this information with legal counsel and investigators aids in building a thorough case while details remain fresh.
Attend all scheduled medical appointments and adhere to recommended therapies, even when recovery is slow or symptoms fluctuate. Keeping organized medical records, receipts, and notes about treatment progress strengthens documentation of damages and supports compensation claims. Communicate changes in symptoms to your healthcare team so records reflect the true course of recovery and ongoing needs.
Comprehensive legal attention is necessary when the injury leads to extensive medical treatment, long-term rehabilitation, or ongoing care needs that affect future quality of life. A full case review develops a complete picture of medical trajectories, future care costs, and work limitations, relying on coordinated medical and vocational input. This approach aims to secure compensation that accounts for current expenses and projected needs over time.
When fault for the accident is contested or evidence is complex, thorough investigation and preparation are essential to demonstrate causation and liability. Collecting witness statements, accident reports, and expert opinions helps clarify how the incident occurred and the relationship between the event and the brain injury. A comprehensive strategy anticipates challenges from insurers and positions the claim for stronger negotiation or trial presentation.
A more focused legal response can be appropriate when injuries are mild, recovery is expected to be short-term, and medical expenses are limited and well documented. In such cases, negotiation with the insurer using clear medical bills and records often resolves the claim without extensive investigation. However, careful monitoring remains important in case symptoms persist or new issues emerge.
If the at-fault party’s liability is undisputed and the insurer engages constructively, claims may be settled more quickly with targeted documentation and direct negotiations. Even when the path seems straightforward, documenting all treatment and functional limitations helps ensure settlement offers fairly reflect the full scope of damages. Caution is advised to confirm future needs are accounted for before accepting a final settlement.
Motor vehicle collisions are a frequent cause of traumatic brain injuries due to rapid deceleration and impact forces affecting the head and brain. Claims often involve multiple parties, vehicle damage evidence, and medical documentation of head trauma and cognitive changes.
Falls on unsafe property or icy surfaces can result in significant head injuries, with liability issues tied to property maintenance and warnings. Establishing the conditions that caused the fall and linking them to the injury is central to these claims.
Head injuries on job sites may involve multiple responsible parties, equipment failures, or inadequate safety measures. Coordination with workers’ compensation matters and third-party claims can be necessary to secure full recovery for medical and non-medical losses.
Clients choose The Ahearne Law Firm PLLC for traumatic brain injury matters because the firm emphasizes careful documentation, responsive communication, and a practical approach to securing compensation. Attorney Allan J. Ahearne, Jr. and the team focus on gathering medical records, consulting appropriate medical professionals, and preparing clear presentations of damages to insurers or the court. We prioritize keeping clients informed about case developments and advocating for fair settlement values while protecting the client’s long-term needs and recovery prospects.
Seek medical attention as soon as possible after a head injury, even if symptoms seem mild at first, because timely evaluation can reveal issues that are not initially obvious. Emergency providers can perform scans and neurological assessments to determine whether immediate treatment is necessary, and documenting your medical care early helps create a record that connects the incident to the injury. Keep copies of all emergency room notes, imaging, test results, and instructions given by healthcare providers. After initial medical care, track symptoms and follow up with recommended specialists or therapists, keeping detailed notes on changes in memory, mood, sleep, and physical ability. Preserve any evidence from the scene, obtain witness contact information if possible, and report the incident to appropriate authorities or property owners when required. Promptly contacting an attorney can help ensure key evidence is preserved and deadlines are met while allowing you to focus on treatment and recovery.
In New York, personal injury claims generally must be filed within a specific statute of limitations, and missing these deadlines can bar recovery. The standard timeframe for many personal injury actions is two years from the date of the injury, though there are exceptions depending on the circumstances, parties involved, and whether government entities or medical providers are defendants. Because rules vary, it is important to assess your case early to determine the applicable deadline and any steps needed to preserve claims. Timely investigation also helps capture perishable evidence like witness recollections and scene conditions, which can be crucial to proving liability and damages. Consulting an attorney soon after the incident enables preservation of evidence, coordination with medical providers for documentation, and a careful review of the legal timeline so that any necessary filings or notices are completed within the required period.
Medical bills incurred as a result of a traumatic brain injury may be recoverable through a personal injury claim when another party’s negligence caused the accident. Compensation can cover emergency care, hospital stays, diagnostic testing, surgeries, outpatient therapies, and prescribed medical equipment, as well as related travel expenses and caregiver costs. To pursue these damages, it is important to maintain thorough medical records and receipts that clearly link each treatment to the injury sustained in the incident. If you have health insurance or another third-party benefit, coordination of benefits may affect how bills are paid initially and how claims are managed later. An attorney can help clarify how medical payments will be handled, work toward reimbursement issues, and advocate for a settlement that reasonably accounts for both paid and anticipated future medical expenses so the injured person’s ongoing needs are supported.
Fault in a traumatic brain injury case is established by demonstrating that a party owed a duty of care, breached that duty through negligent actions or omissions, and that breach caused the injury and resulting damages. Evidence such as accident reports, witness statements, surveillance footage, maintenance records, and expert analysis of the incident helps show how the event occurred and who is responsible. In many cases, medical records linking the injury to the event are essential to prove causation. Comparative fault rules may apply in New York, meaning responsibility can be divided among parties and may affect the amount of recovery based on each party’s share of fault. Thorough investigation and clear presentation of the chain of events and resulting injuries strengthen the ability to show liability and to obtain fair compensation despite potential disputes over responsibility.
Yes, symptoms of a traumatic brain injury can emerge or evolve days, weeks, or even longer after the initial incident, which is why ongoing monitoring and follow-up are important. Common delayed or evolving symptoms include memory difficulties, concentration problems, persistent headaches, sleep disturbances, mood changes, and sensitivity to light or noise. Because symptoms can fluctuate, continuing to document changes and communicating them to treating clinicians helps build a clear medical record for legal purposes. Delayed symptom onset underscores the need for early medical evaluation and follow-up care even if the initial injury seemed minor. If symptoms appear later, it is important to seek prompt assessment so records reflect the full course of injury and treatment, which supports claims for both immediate and long-term effects when pursuing compensation.
A traumatic brain injury claim can seek recovery for medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and compensation for pain and suffering and loss of enjoyment of life. In more severe cases, claims may include costs for long-term care, home modifications, assistive devices, and ongoing caregiver support. Accurately demonstrating these damages usually requires medical documentation, billing records, and, when appropriate, professional evaluations like life-care plans or vocational assessments. Non-economic damages such as emotional distress and diminished quality of life are also considered in TBI claims, reflecting the injury’s effect on relationships, hobbies, and day-to-day functioning. Establishing the extent of these losses relies on consistent documentation of symptoms, testimony about life changes, and medical opinions that describe how the injury affects the individual’s ability to live and work as before.
Seeing a neurologist or another qualified medical specialist can be important for diagnosing the nature and extent of a traumatic brain injury, arranging appropriate testing, and guiding treatment and rehabilitation plans. Specialist evaluations often include neurological exams, cognitive testing, and review of imaging studies, and their findings provide authoritative medical evidence that supports a legal claim for damages. Records from specialists carry weight in demonstrating the severity and prognosis of the injury. Even if initial care is provided in an emergency setting, follow-up with specialists documents ongoing symptoms and needed therapies, strengthening the link between the accident and long-term impacts. Legal counsel can help coordinate the gathering of specialist reports and ensure that relevant medical opinions are included in the case presentation to insurers or courts.
A life-care plan projects an injured person’s future medical and support needs and places estimated costs on those services, which can be a critical component when valuing a traumatic brain injury claim. Prepared by medical and rehabilitation professionals, a life-care plan outlines anticipated needs such as ongoing therapy, medical equipment, home modifications, and caregiver hours. Including that projection in settlement discussions helps ensure offers account for future, as well as present, financial obligations related to care and daily functioning. When negotiating, having a life-care plan provides a basis for calculating future damages and helps prevent undervaluing long-term needs that may not be evident from current treatment alone. It offers a structured, professionally grounded estimate that can be presented to insurers and the court to support a fair award for ongoing care and quality-of-life accommodations.
If the at-fault party has limited insurance coverage, recovery options may include pursuing uninsured or underinsured motorist benefits, identifying additional responsible parties, or seeking compensation from personal assets when available. The options depend on the case facts, the types of insurance involved, and any applicable policy limits. An early review of insurance coverage and potential responsible entities helps formulate a strategy to maximize available recovery. Coordinating claims and understanding the scope of available coverage are important steps in planning for both immediate medical payments and long-term damages. Legal guidance can help identify applicable policies, pursue all viable avenues of compensation, and advise on the implications of accepting a settlement when insurance limits are constrained, always aiming to protect the injured person’s future needs.
The Ahearne Law Firm PLLC commits to regular, clear communication so clients understand case progress, options, and next steps at each stage of a traumatic brain injury claim. We provide timely updates by phone and email, promptly return messages, and explain legal procedures in plain language so you can make informed decisions. Our goal is to reduce uncertainty by keeping clients apprised of discovery needs, settlement discussions, and anticipated timelines. We also coordinate with medical providers and investigators on your behalf, handling document requests and evidence collection to streamline the process for you and your family. If you have questions about medical records, bills, or potential settlement offers, we review them with you and discuss the likely implications, always prioritizing the injured person’s long-term needs and recovery plans.
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