Traumatic brain injuries can change the course of a life in an instant, and residents of Lakeview deserve clear legal guidance after a serious head injury. If you or a loved one has suffered a TBI because of someone else’s actions, it is important to protect your rights and gather medical and incident information promptly. Allan J. Ahearne, Jr. and the Ahearne Law Firm PLLC serve injured people across Nassau County and New York, helping clients navigate insurance claims, medical documentation, and the timing of legal steps. Call (845) 986-2777 to discuss your situation and learn what options may be available to pursue fair compensation for treatment, lost income, and ongoing care needs.
Legal assistance in a traumatic brain injury case helps ensure medical needs and financial losses are documented and presented clearly to insurers or in court when necessary. That support includes helping to collect complete medical records, coordinating with treating clinicians about treatment plans, and organizing evidence of lost wages and daily living limitations. A legal approach can also help manage communications with insurance companies so injured individuals are not pressured into early settlements that do not cover long-term care. With careful preparation, a claim can pursue compensation for past and future medical costs, rehabilitation, and support services needed for ongoing recovery and quality of life.
A traumatic brain injury occurs when an external force causes damage to the brain and leads to a range of physical, cognitive, or emotional impairments. Symptoms can include headaches, memory loss, difficulty concentrating, mood changes, dizziness, and sensory problems. Diagnosis often involves imaging studies, neurological examinations, and cognitive testing to identify the nature and extent of impairment. Legal claims related to TBI focus on proving that the injury resulted from an accident or negligent conduct, and that it produced measurable losses such as medical costs, lost earnings, and diminished quality of life. Thorough documentation and timely medical care are key to supporting a claim.
A concussion is a form of traumatic brain injury that typically results from a blow to the head or sudden movement that jostles the brain within the skull. Symptoms may include brief loss of consciousness, confusion, headaches, nausea, sensitivity to light, and memory lapses. While many people recover with rest and gradual return to activities, some individuals experience persistent cognitive or emotional symptoms requiring ongoing therapy or accommodations. In legal matters, documenting the onset and duration of concussion symptoms and linking them to the incident is important for establishing injury-related damages and appropriate medical follow-up.
Negligence refers to a failure to act with reasonable care under the circumstances, resulting in harm to another person. To establish negligence in a TBI case, a claimant must generally show that the responsible party owed a duty of care, breached that duty through action or inaction, and that breach caused the injury and measurable losses. Evidence such as accident reports, witness accounts, maintenance records, and safety inspections can illustrate how negligence occurred. Demonstrating negligence helps connect the incident to compensation for medical expenses, lost income, and long-term needs resulting from the brain injury.
Damages are the financial and nonfinancial losses a person suffers as a result of an injury, and in TBI cases these can include past and future medical bills, rehabilitation costs, lost wages, loss of earning capacity, and compensation for pain and suffering. Calculating damages often requires medical documentation, testimony from treating clinicians, and records of work history and household impacts. For more severe injuries, damages may also cover ongoing personal care, home modifications, and long-term therapy or supportive services. A well-documented claim aims to account for both present needs and reasonably anticipated future expenses.
After an accident that may have caused a brain injury, preserve evidence as soon as possible by securing medical records, saving photographs of the scene and injuries, and collecting contact information for witnesses. Keeping a clear timeline and documentation of treatment visits, tests, and prescribed therapies strengthens the factual record when discussing a claim with insurers or counsel. Prompt preservation reduces the risk that important details are lost, and it creates a reliable basis for evaluating medical needs and potential compensation.
Track symptoms, cognitive changes, and daily limitations in a written journal that records dates, severity, and triggers for headaches, memory issues, or mood shifts following a head injury. Daily entries provide a chronological account that complements medical records and helps treating clinicians and legal advisors understand the course of recovery. This ongoing documentation can be persuasive when seeking compensation for pain, suffering, or diminished capacity to carry out routine activities.
Ensure that all diagnostic tests, treatment notes, therapy reports, and medication records are collected and preserved to establish the full scope of care related to a brain injury. Request copies of emergency room reports, imaging results, and follow-up notes from every provider involved in treatment to avoid gaps in the medical history. Well-organized records help clarify the relationship between the accident and long-term care needs when presenting a claim for compensation.
A comprehensive legal approach is often needed when medical issues are complex, when cognitive or functional impairments require multiple specialists and long-term rehabilitation planning, and when future care costs must be estimated and documented. In such situations, assembling all relevant medical records, treatment plans, and evaluations from treating clinicians is essential to calculate full damages and advocate for adequate compensation. This thorough preparation helps present a clear picture of ongoing needs to insurers or a court.
When a brain injury creates long-term care needs, legal work often includes compiling life care plans, estimating future medical and support costs, and coordinating with medical providers to project ongoing care requirements. Establishing these elements supports claims for future medical expenses and adjustments to income expectations, which are important when negotiating settlements or presenting a case at trial. Accurate forecasting of long-term needs helps ensure that compensation addresses both present and anticipated burdens.
A more limited approach can be appropriate when symptoms are mild, treatment is brief, and recovery is rapid, making damages easier to document and resolve with insurers. In these cases, focused help obtaining medical records, negotiating with the insurer, and ensuring all immediate bills are covered may be sufficient to reach a fair resolution. Timely care and clear records remain important even when injuries appear minor.
If fault is uncontested and economic losses are limited, a streamlined approach that focuses on medical bills and short-term wage loss may allow an efficient settlement without extended litigation. Even then, clients benefit from careful review of settlement offers to confirm they adequately cover all documented expenses. Handling the matter promptly can reduce stress and allow the injured person to concentrate on recovery.
Motor vehicle collisions are a leading cause of traumatic brain injury due to sudden impact forces and rapid head movement that can cause the brain to strike the inside of the skull, producing concussive or more severe injuries. Proper documentation of the crash, timely medical treatment records, and witness information are important to link the collision to persistent symptoms and to support a claim for medical and economic losses.
Slip-and-fall incidents on poorly maintained property or in public spaces can result in serious head injuries when the head strikes a hard surface or an object, and these cases often involve gathering evidence about the property condition and warnings provided. Photographs, incident reports, and prompt medical evaluations help establish causation and the scope of injury-related needs when pursuing compensation.
Work-related accidents, including falls from heights, being struck by objects, or motor vehicle incidents on the job, may lead to brain injuries that implicate workers’ compensation and potentially third-party claims depending on the facts. Keeping detailed records of the incident, employer reports, and medical treatment supports both benefit applications and any additional claims against responsible third parties.
Ahearne Law Firm PLLC focuses on guiding people through the practical and legal challenges after a traumatic brain injury, providing consistent communication, careful case preparation, and coordination with treating medical professionals. Allan J. Ahearne, Jr. works with clients to identify all recoverable losses, including medical care, rehabilitation, lost wages, and ongoing support needs, while keeping clients informed about case progress and options. The firm’s local knowledge of Lakeview and Nassau County procedures helps ensure timely filing, evidence preservation, and organized presentation of each claim.
A traumatic brain injury is damage to the brain caused by an external force, which can range from a concussion to more severe impairment affecting thinking, memory, balance, and mood. Diagnosis typically relies on a combination of clinical examination, neurological testing, and imaging such as CT or MRI scans, along with ongoing evaluations to monitor cognitive and functional changes over time. From a legal perspective, prompt medical documentation that links symptoms to the incident is essential. Keeping thorough treatment records and noting the timeline of symptom onset strengthens a claim by showing how the injury affected daily life and required medical care, which supports requests for compensation.
In New York, the general statute of limitations for personal injury claims is three years from the date of the incident, which often applies to traumatic brain injury cases when pursuing compensation from a private party. Exceptions and different deadlines can apply in certain circumstances, such as claims against government entities or delayed discovery of injury, so specific timelines may vary. Because deadlines can limit available remedies, initiating medical care and consulting with legal counsel promptly helps preserve evidence and allows time to evaluate whether any special rules apply to your case. Early action also supports a clearer record linking the injury to the incident.
Damages in a TBI case can include past and future medical expenses, costs of rehabilitation and therapy, lost wages and reduced earning capacity, and compensation for pain and suffering and diminished quality of life. More severe cases may also include claims for ongoing personal care, home modifications, and vocational support to address long-term limitations. Accurate documentation from medical providers, records of lost income, and analyses of future care needs help quantify damages. Presenting a well-supported case increases the likelihood that settlement discussions or a court decision will reflect both current and anticipated needs related to the injury.
Proving that a TBI was caused by another party’s negligence requires showing that the responsible party owed a duty of care, breached that duty, and that the breach was a proximate cause of your injury and losses. Evidence such as police or incident reports, witness statements, safety records, and photographs of the scene can demonstrate how the incident occurred and who was at fault. Medical records that link the timing and nature of symptoms to the accident are also critical. Together, factual and medical evidence create a record that explains how the incident led to the brain injury and supports a claim for compensation.
Yes, compensation for long-term care needs can be pursued when a brain injury results in ongoing medical treatment, therapy, or assistance with daily living activities. Documenting current and projected care requirements through treatment notes, therapy plans, and, where appropriate, life care evaluations helps establish the scope and cost of future needs. Settlement agreements or court awards can be structured to address future expenses through lump-sum awards or other arrangements designed to cover medical treatment, caregiving, and necessary modifications to living environments. Proper documentation and planning are central to seeking adequate recovery for long-term care.
It is not uncommon for some symptoms of a brain injury to appear hours or days after an accident, and that delay does not prevent a valid claim so long as medical attention is sought and a link to the incident is documented. If symptoms develop later, seek medical evaluation promptly and be sure to report the connection to the treating clinician so it is included in the record. Documenting the timeline of symptom onset, ongoing treatment, and any changes in condition helps demonstrate how the injury evolved after the accident and supports later claims for medical expenses and related losses tied to the incident.
Many TBI cases are resolved through settlement, as insurers and claimants often prefer a negotiated resolution that avoids prolonged litigation; however, some matters proceed to trial when a fair settlement cannot be reached. Whether a case settles or goes to trial depends on the facts, strength of the evidence, and how parties value the damages and risks associated with continued litigation. Preparing for either outcome means gathering thorough medical documentation, witness statements, and other evidence to support the claim. Being prepared to litigate when necessary often improves the ability to negotiate a meaningful settlement.
Future medical costs are calculated by estimating the likely course of care based on current medical records, treatment plans, and professional recommendations from treating clinicians and rehabilitation providers. These estimates may include projected therapy, surgical procedures, assistive devices, caregiving, and any modifications needed in the home environment to support daily living. Cost projections are typically supported by medical documentation and cost data, and they are presented along with records of past medical expenses to create a comprehensive picture of the financial impact of the injury over time. Accurate forecasting helps ensure compensation considers both present and anticipated needs.
Seeing a doctor who treats brain injuries or a clinician experienced with neurological assessment is important when you suspect a traumatic brain injury, because specialized evaluation can identify subtle cognitive, sensory, or emotional changes that ordinary exams might miss. Prompt medical attention provides treatment, mitigates risks of worsening, and creates an official medical record linking symptoms to the incident. A documented medical evaluation also supports any legal claim by showing the nature and severity of the injury, how it was treated, and whether ongoing care is necessary. Early and appropriate medical care strengthens both health outcomes and the factual record for pursuing compensation.
Many personal injury attorneys handle traumatic brain injury cases on a contingency fee basis, meaning legal fees are paid as a percentage of any recovery rather than as upfront hourly charges, which allows clients to pursue claims without immediate out-of-pocket legal fees. Clients should discuss fee arrangements, what percentage applies, and how litigation costs or advances are handled so there are no surprises about financial obligations. In addition to fees, some cases require expenses for medical records, expert evaluations, or specialist reports; how those costs are advanced and repaid varies by agreement, so clear communication at the outset helps set expectations and ensures that claims proceed with transparent financial arrangements.
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