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 Herricks, NY

Compassionate Local Advocacy

A Practical Guide to TBI Claims and Recovery

If you or a loved one sustained a traumatic brain injury in Herricks, it can affect every area of daily life, from work and relationships to long-term health and independence. At Ahearne Law Firm PLLC we focus on helping people understand their legal options following a brain injury and guiding them through the process of seeking fair compensation. Attorney Allan J. Ahearne, Jr. and our team respond to inquiries promptly, investigate the cause of injury, and work with medical and financial consultants to frame claims. If you need a clear path forward after a traumatic event, we can discuss your situation and next steps by phone or appointment.

Traumatic brain injuries can arise from vehicle collisions, falls, workplace incidents, or assaults, and the consequences are often complex and evolving. A thoughtful legal approach considers the immediate medical needs, ongoing care, rehabilitation costs, lost income, and potential future expenses related to the injury. We aim to explain the legal process in plain language, preserve important evidence, and communicate with insurers and other parties on your behalf. Our goal is to help you make informed decisions with an eye toward both current needs and long-term recovery, while protecting your rights under New York law.

Why Strong Legal Support Helps After a TBI

When a traumatic brain injury occurs, the legal process is one element of a larger recovery plan that must account for medical treatment, rehabilitation, and financial stability. Effective representation helps ensure that evidence is preserved, medical records are organized, and communications with insurers do not harm your claim. Legal support also assists in defining the full scope of damages, including medical costs, lost earnings, and non-economic impacts such as pain and reduced quality of life. By coordinating with medical and vocational professionals and handling negotiations, a law office can give a person and their family the clarity and advocacy needed to pursue a fair outcome.

Overview of Ahearne Law Firm and Its Practice

Ahearne Law Firm PLLC serves residents of Herricks and surrounding areas in Nassau County and across New York, handling personal injury matters with a focus on thorough case preparation and client communication. Attorney Allan J. Ahearne, Jr. leads a team that investigates incidents, gathers medical documentation, and develops claims tailored to each client’s circumstances. The firm works with medical consultants, accident reconstruction professionals, and vocational specialists when necessary to build a comprehensive picture of damages. Throughout the representation, clients receive clear explanations of options and potential outcomes so they can make informed decisions about settlement offers or further legal action.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim centers on establishing how the injury happened, the severity and projected course of medical treatment, and the losses that resulted directly from the incident. For many claimants core issues include diagnosis and prognosis, linking medical findings to the event, documenting therapy and rehabilitation needs, and calculating economic losses such as medical bills and diminished earning capacity. The legal process often involves obtaining hospital records, consulting with treating clinicians, and sometimes engaging independent medical evaluators. Clear documentation and timely action are important to preserve evidence and ensure that a claim accurately reflects both present needs and reasonable future care.

The timeline for resolving a TBI claim varies with the complexity of medical issues, the willingness of insurers to negotiate, and whether litigation becomes necessary. Many matters resolve through negotiation after a careful review of medical records and cost projections; others proceed to litigation when the responsible party or carrier disputes liability or undervalues damages. Throughout this process, claimants must balance immediate financial needs for treatment and household expenses with long-term planning for care and rehabilitation. A focused legal approach aims to clarify legal standards, preserve the right to pursue compensation, and support practical decision making at each stage of recovery.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

Traumatic brain injury refers to an injury caused by a blow, jolt, or penetrating head wound that disrupts the normal functioning of the brain. Symptoms can range from mild, such as short-term memory problems and headaches, to severe, including prolonged loss of consciousness, cognitive impairment, and motor deficits. Medical evaluation commonly includes imaging studies, neurological exams, and cognitive testing to document the nature and extent of the injury. In a legal context, proving a TBI claim involves linking medical findings to the incident, documenting ongoing care, and assessing the injury’s effect on employment, daily activities, and quality of life.

Concussion

A concussion is a type of mild traumatic brain injury often caused by a blow to the head or a rapid back-and-forth motion that causes the brain to move within the skull. Symptoms may include headaches, dizziness, sensitivity to light and noise, problems with concentration, and mood changes. Despite the label “mild,” concussions can have lingering effects and sometimes lead to prolonged symptoms that require medical management and rehabilitation. When pursuing a claim, clear documentation of initial symptoms, ongoing treatment notes, and any functional limitations helps establish the impact of the concussion on a person’s life.

Post-Concussive Syndrome

Post-concussive syndrome describes a collection of symptoms that persist for weeks or months after an initial head injury, including headaches, difficulty with memory or concentration, fatigue, and sleep disturbances. These lingering effects can interfere with work, school, and daily routines, and they often require multidisciplinary care such as neurological follow-up, cognitive therapy, and symptom management. From a legal perspective, evidence of ongoing treatment, consistent symptom reporting, and records showing a decline in functional abilities are important for documenting the long-term consequences of a brain injury and supporting a claim for compensation.

Damages

Damages refer to the monetary compensation sought in a personal injury claim to address the losses caused by an injury. In traumatic brain injury cases, damages can include past and future medical expenses, lost wages, loss of earning capacity, rehabilitation costs, and compensation for pain, suffering, and diminished quality of life. Evaluating damages typically requires review of medical bills, income records, and expert input on projected future care needs. A well-documented damages assessment helps ensure that settlement discussions or litigation reflect the full scope of the claimant’s economic and non-economic losses.

PRO TIPS

Preserve Evidence and Records

Keep a careful record of medical visits, tests, and treatment notes from the first encounter onward, as those documents are central to proving the nature and extent of a brain injury. Take photographs of the scene of the incident when possible and collect contact information for any witnesses who observed the event or its aftermath. Additionally, maintain a daily journal describing symptoms, limitations, and how the injury affects personal and work activities to create a contemporaneous account that supports your claim.

Follow Medical Advice Closely

Adhering to recommended medical treatment and rehabilitation plans not only supports recovery but also strengthens a legal claim by showing the ongoing nature of care and its necessity. Missed appointments or inconsistent treatment records can be cited by opposing parties to question the severity or legitimacy of symptoms. Be sure to communicate changes in symptoms to treating clinicians and obtain referrals for specialized care when recommended so that your medical history accurately reflects the injury’s impact.

Avoid Detailed Social Media Posts

Public posts that describe activities, minimize symptoms, or show physical exertion can be interpreted contrary to your medical records and used by insurers to challenge a claim. Limit what you share publicly about the incident and your recovery, and consider adjusting privacy settings until the matter is resolved. If approached by an insurer for a recorded statement, consult with your legal representative before providing details to ensure your rights and recovery are protected.

Comparing Legal Options for TBI Claims

When Full Representation Is Advisable:

Complex Medical Needs

Comprehensive legal representation is often appropriate when medical needs are complex and long-term, requiring coordination among multiple providers and ongoing cost projections to capture future care. A detailed approach helps ensure that all current and anticipated medical expenses, rehabilitation services, and home care needs are identified and quantified for purposes of settlement or trial. When the medical picture is evolving, consistent legal oversight allows for adjustments to claims and engagement of appropriate professionals to estimate future needs accurately.

Disputed Liability or Damages

If the other party or an insurer disputes responsibility for the incident or undervalues the extent of damages, a full legal approach can be necessary to investigate facts, gather witness statements, and develop persuasive medical and economic evidence. In such situations, negotiation and, if needed, litigation become tools for establishing accountability and securing fair compensation. A comprehensive strategy includes preparing pleadings, managing discovery, and working with specialists who can support claims regarding causation and long-term impact.

When A Limited Approach May Be Sufficient:

Minor, Well-Documented Injuries

A more limited approach can be appropriate when injuries are relatively minor, fully documented, and recovery is expected without extensive ongoing care. In those cases, focused negotiation with an insurer based on clear medical bills and brief treatment records can resolve matters efficiently. Quick, well-documented settlements may help cover immediate expenses without the time and cost of a full legal campaign.

Clear Liability and Small Economic Losses

When liability is clear and the total economic losses are modest, pursuing a streamlined claim may be a practical option to secure fair compensation without protracted procedures. The emphasis in those claims is on assembling straightforward evidence, medical bills, and records showing brief disability or lost wages. This limited path can reduce legal costs and speed resolution while still protecting the claimant’s entitlement to payment for documented losses.

Common Circumstances That Lead to TBI Claims

Motor Vehicle Collisions

Vehicle collisions are a frequent cause of traumatic brain injuries when sudden impact causes the head to strike interior surfaces or when rapid acceleration and deceleration produce brain movement inside the skull. These incidents often produce a mix of physical injuries and cognitive symptoms that require medical evaluation and careful documentation for a legal claim.

Slip and Fall Accidents

Falls on poorly maintained premises can cause head injuries that lead to concussions or more severe brain trauma, particularly among older adults. Establishing liability in these cases focuses on proving that the property owner knew or should have known about the hazard and failed to correct it or warn visitors.

Workplace and Construction Injuries

Workplace incidents, including falls from heights or struck-by accidents, can result in TBIs and involve both workers’ compensation and third-party liability questions. Identifying responsible parties and coordinating claims is important when workplace conditions or equipment failures contribute to an injury.

Herricks TBI Legal Services — Nassau County

Why Choose Ahearne Law Firm for Your TBI Claim

Clients who come to our office after a traumatic brain injury receive a clear, practical plan for pursuing their legal rights while focusing on recovery and daily needs. We prioritize timely investigation of the incident, preservation of medical and scene evidence, and explanation of how damages are calculated under New York law. Our approach emphasizes consistent communication, realistic assessments of settlement offers, and coordination with medical professionals to project future care needs and financial impacts. Throughout representation, we aim to relieve clients of procedural burdens so they can focus on treatment and family support.

We also work to ensure that insurers and responsible parties understand the full scope of losses caused by a brain injury by preparing thorough medical summaries, gathering witness statements, and presenting clear economic calculations of past and future expenses. When necessary, we engage with treatment providers and vocational consultants to clarify how the injury affects earning potential and daily functioning. By handling negotiations, paperwork, and legal filings, we seek to achieve resolutions that provide for ongoing care and financial stability for clients and their families.

Schedule a Free Case Review Today

People Also Search For

Traumatic brain injury lawyer Herricks

TBI attorney Nassau County

brain injury claim Herricks NY

concussion lawyer Herricks

personal injury attorney Herricks

Ahearne Law Firm TBI

Nassau County brain injury claim

TBI compensation New York

FAQS

What should I do immediately after a suspected traumatic brain injury?

Seek immediate medical attention and follow the recommendations of treating clinicians, even if symptoms seem mild at first, because early diagnosis and documentation are essential for both health and any future claim. Keep a record of medical appointments, tests, and treatment plans, and make note of any changes in cognition, sleep, mood, or physical abilities. Preserving evidence from the scene, such as photographs and witness contact details, can also be important in establishing what happened. Contact a law office to discuss your situation once urgent medical needs are addressed; a legal review can help identify what evidence to gather, what communications to avoid with insurers, and how to preserve important records. Legal guidance can also assist in ensuring that medical documentation clearly links symptoms and treatment to the incident, which is often central to a successful claim.

How is a traumatic brain injury diagnosed and documented for a claim?

Diagnosis of a traumatic brain injury typically begins with medical history, a neurological exam, and imaging such as CT scans or MRI when indicated, along with cognitive and neuropsychological testing to assess deficits. Treating physicians document symptoms, test results, and ongoing care recommendations in the medical record, creating the primary evidence used to support a legal claim. Accurate, contemporaneous medical notes and test results are critical for establishing both the diagnosis and the likely course of recovery. For legal purposes, additional documentation that may be useful includes rehabilitation records, notes from therapists or occupational specialists, and vocational assessments if work capacity is affected. When needed, independent medical evaluations or consultant reviews can provide objective analysis of diagnosis and prognosis, helping to clarify the relationship between the incident and the injury for insurers or the court.

What types of damages can be recovered in a TBI case?

Damages in a traumatic brain injury case commonly include compensation for past and future medical expenses such as hospital stays, surgeries, doctor visits, therapy, assistive devices, and projected future care costs related to the injury. Economic damages can also cover lost wages, loss of earning capacity, and costs associated with household help or modifications needed for long-term care. Documented receipts, billing statements, and expert cost projections help quantify these losses for settlement or trial. Non-economic damages may cover pain and suffering, emotional distress, loss of enjoyment of life, and changes in relationships that result from the injury, and these are assessed based on the severity and permanence of the condition. In appropriate cases, compensation may also address the impact on family members who provide care or suffer secondary effects due to the claimant’s injury.

How long will it take to resolve a TBI claim?

The timeline for resolving a traumatic brain injury claim varies significantly depending on the complexity of medical issues, whether liability is disputed, and the need for long-term care projections. Simple claims with clear liability and limited medical treatment may resolve within months, while cases involving extensive medical treatment, contested liability, or the need for future cost estimates often take much longer. The process can include medical discovery, settlement negotiations, and potentially litigation, all of which affect timing. Part of the timeline also depends on waiting until the claimant attains medical stability so future care needs and prognosis can be reasonably estimated. Pursuing a premature settlement before long-term needs are understood can result in inadequate compensation, so thorough documentation and patience are often necessary to secure an outcome that addresses both immediate and future expenses.

Will my pre-existing conditions affect a TBI claim?

Pre-existing conditions do not automatically bar a claim, but they can complicate proof of how much a specific incident contributed to the claimant’s symptoms or overall impairment. Medical records that document the pre-injury baseline and any change in symptoms or function after the incident are essential to demonstrate a causal link and to separate new injury-related limitations from prior conditions. Courts and insurers consider whether the incident materially aggravated an existing condition when evaluating claims. A careful review of prior medical history, along with expert or treating provider opinions about the change in condition, helps establish the extent to which the incident worsened pre-existing problems. When aggravation is proven, a claimant can recover for the additional harm caused by the incident, including medical costs and diminished earning ability attributable to the aggravation.

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

When a traumatic brain injury occurs at work, workers’ compensation generally covers medical treatment and partial wage replacement, but that system may not address all damages such as pain and suffering or lost future earning capacity from third-party negligence. If a third party outside the employer’s control contributed to the injury, such as a negligent driver or equipment manufacturer, a separate third-party claim may be available in addition to workers’ compensation benefits. Pursuing both avenues often requires careful coordination and attention to procedural rules. Reviewing the facts promptly helps determine the best strategy for pursuing available compensation while protecting workers’ compensation rights. Legal review can assist in identifying potential third-party defendants, handling subrogation interests, and ensuring that claims are filed within applicable deadlines so that all available recovery avenues remain open.

How do you prove that the injury was caused by the incident?

Proving causation in a traumatic brain injury claim requires establishing a direct link between the incident and the resulting medical condition through medical records, imaging, treating physician opinions, and sometimes independent evaluations. Contemporaneous documentation showing the onset of symptoms after the incident, consistent medical treatment notes, and diagnostic test results provide the strongest foundation for demonstrating causation. Witness statements and scene evidence that corroborate the mechanism of injury also support the claim. When pre-existing conditions are present, clinicians or medical reviewers often provide opinions about how the incident aggravated or accelerated prior problems, clarifying the degree to which the new incident caused additional harm. Presenting a cohesive narrative supported by medical and factual evidence is essential to overcome disputes about causation and to secure compensation that aligns with the injury’s real impact.

What role do medical experts play in a TBI claim?

Medical professionals play a central role in documenting diagnosis, treatment, prognosis, and the expected course of recovery, all of which form the backbone of a traumatic brain injury claim. Treating clinicians provide essential records that describe symptoms, tests, therapies, and ongoing needs, while rehabilitation providers supply information about functional limitations and necessary supports. These records are used to quantify medical damages and to explain how the injury affects daily living and employment. In complex claims, medical consultants or independent reviewers may be retained to provide objective assessments of prognosis, likely future care needs, and the relationship between the incident and any long-term impairments. Their input can be critical when insurers dispute the extent of injuries or when estimating future costs for life-long care, vocational impact, or specialized therapeutic services.

How much does it cost to have the firm review my case?

Initial case reviews are typically offered without charge so that prospective clients can explain the incident, outline the medical and factual circumstances, and learn about potential legal options without upfront commitment. A free review allows the firm to assess whether the claim has merit, identify key evidence that should be preserved, and suggest immediate steps to protect the client’s legal position. This early guidance can be especially important in time-sensitive situations where evidence needs to be collected promptly. If representation proceeds, fee arrangements are explained clearly and in writing, including whether the matter will be handled on a contingency basis, billed hourly, or through another arrangement appropriate to the case. Understanding fee structure in advance helps clients make informed decisions about moving forward while ensuring access to legal advocacy when pursuing compensation for significant injuries.

What if the insurance company offers a quick settlement?

A quick settlement offer from an insurance company may be tempting, but it is important to consider whether the proposed amount fairly addresses all current and future needs related to the injury. Early offers may not reflect the full scope of medical care, rehabilitation, or long-term economic impacts, especially when symptoms evolve over time. Before accepting any offer, obtaining a clear estimate of future care costs and discussing the proposal with a legal representative can prevent an inadequate resolution. Legal review of any settlement considers medical records, projected future expenses, and the broader impact on quality of life, and seeks to ensure that the client is compensated for both immediate and anticipated losses. If a prompt offer is fair and sufficient, it can be accepted, but when gaps exist a negotiated or litigated resolution may be necessary to secure appropriate compensation.

Personal Injury Services in Herricks

Explore our injury practice areas

⚖️ All Personal Injury Services