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Traumatic Brain Injury (TBI) Attorney in Manhasset Hills — Personal Injury

Recover, Rebuild, Recover Rights

Complete Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can change the course of daily life for injured people and their families in Manhasset Hills and throughout Nassau County. When a head injury results from a motor vehicle collision, a fall, an assault, or another preventable event, understanding legal options becomes an important step toward securing needed medical care, compensation for lost income, and support for long-term needs. Allan J. Ahearne, Jr. and the team at The Ahearne Law Firm PLLC provide focused personal injury representation for residents of New York, offering attentive client communication and guidance through each phase of a claim. To discuss your situation, call (845) 986-2777.

This page explains what a traumatic brain injury is, common causes, typical symptoms, and the types of damages that may be recoverable under New York law. You will find practical steps to take right after an injury, an outline of how claims are investigated, and information about evidence that helps establish causation and liability. The goal is to give clear, accessible information so you can make informed decisions about medical care and legal steps. If you have questions about timing, fees, or potential outcomes, call The Ahearne Law Firm PLLC at (845) 986-2777 to arrange a case review with Allan J. Ahearne, Jr.

Why Legal Assistance Matters for Traumatic Brain Injury Claims

Pursuing a personal injury claim after a traumatic brain injury helps protect your rights and can provide access to compensation for medical expenses, rehabilitation, lost income, and ongoing care. Legal representation helps ensure medical records are preserved, bills are documented, and deadlines for filing claims are met under New York law. A careful legal approach can also help in negotiating with insurers, preparing demands that reflect long-term needs, and, if necessary, presenting a case at trial. For many families, this support reduces stress and provides a clearer path to obtaining fair recovery that addresses both current and future consequences of the injury.

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

The Ahearne Law Firm PLLC serves Hudson Valley and New York clients with a long-standing focus on personal injury matters, including traumatic brain injury claims. Allan J. Ahearne, Jr. and the firm handle cases for individuals injured in Manhasset Hills and surrounding communities, emphasizing clear communication, thorough case preparation, and advocacy for appropriate compensation. The firm works closely with medical professionals, vocational specialists, and investigatory resources to document injuries and losses. Clients can expect straightforward explanations of legal options, timely updates throughout the process, and a commitment to pursuing outcomes that address both immediate medical needs and longer-term care considerations.

Understanding Traumatic Brain Injury Claims and Recovery

A traumatic brain injury can range from a mild concussion to a severe, life-altering injury that affects cognition, memory, personality, and physical abilities. Symptoms may include headaches, dizziness, confusion, mood changes, sleep disturbances, and difficulties with concentration or memory, and some effects may not appear right away. Establishing the nature and extent of the brain injury requires medical evaluation, including imaging, neurological exams, and sometimes neuropsychological testing. From a legal standpoint, documenting the diagnosis and linking it to the incident that caused the injury is fundamental to pursuing compensation for medical treatment, rehabilitation, lost income, and other damages under New York law.

Proving a traumatic brain injury claim involves gathering medical records, accident and police reports, witness statements, and evidence of lost earnings and expenses. For certain cases, consultation with medical providers, occupational therapists, and neuropsychologists helps quantify the injury’s effects on daily life and employment. Liability must be established by showing how the defendant’s actions or negligence caused the incident that produced the brain injury. Timely collection of evidence and preservation of records are important because memories fade and documentation can be lost. A thoughtful legal approach coordinates medical care and investigation to support a claim for appropriate recovery.

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Key Terms and Glossary for Traumatic Brain Injury Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force causes damage to the brain, which can result from events such as vehicle collisions, falls, assaults, or sports injuries. Symptoms vary widely and may include headaches, cognitive impairment, memory loss, mood changes, and sensory disruptions. Diagnosis typically involves clinical evaluation, neurological testing, and imaging studies when indicated. For legal claims, demonstrating that an event caused the brain injury and documenting the medical treatment and resulting impacts on daily functioning and employment are key steps in seeking compensation for medical care, rehabilitation, and other losses.

Concussion

A concussion is a form of mild traumatic brain injury that can result from a blow or jolt to the head or body that transmits force to the brain. Symptoms often include short-term confusion, headaches, dizziness, and memory lapses, but some people experience longer-lasting cognitive or emotional effects. Even when imaging does not show visible damage, the functional effects of a concussion can be significant and may require medical monitoring and therapy. In legal matters, accurate documentation of symptoms, medical visits, and any work limitations is important to support recovery for medical expenses and related losses.

Liability

Liability refers to the legal responsibility of a person or entity whose actions or failures to act caused an injury. Establishing liability in a traumatic brain injury case means proving that the defendant owed a duty of care, breached that duty, and that the breach directly caused the injury and resulting damages. Evidence such as witness statements, accident reports, surveillance footage, maintenance records, and expert medical opinions may be used to show how the defendant’s conduct led to the injury. Clear documentation of the incident and timely investigation strengthen the ability to establish liability under applicable law.

Damages

Damages are the monetary compensation sought for losses resulting from an injury, and in traumatic brain injury cases they can include past and future medical expenses, rehabilitation costs, lost earnings, diminished earning capacity, pain and suffering, and other forms of economic and non-economic harm. Calculating damages often requires input from medical providers, vocational specialists, and financial professionals to estimate long-term care needs and income losses. Properly documenting bills, treatment plans, and limitations on daily activities helps ensure that claims reflect the full scope of the injury’s impact on the injured person and their family.

PRO TIPS

Tip: Seek Immediate Medical Attention

After any head injury, seeking prompt medical attention protects your health and creates a documented medical record linking treatment to the incident, which supports any later legal claim. Even if symptoms seem mild at first, medical evaluation can identify conditions that require monitoring or treatment and provide objective documentation for insurers and courts. Timely care also helps shape recovery plans and ensures that necessary referrals, diagnostic testing, and follow-up are arranged to address both immediate and ongoing medical needs.

Tip: Keep Detailed Records

Maintain thorough records of medical visits, treatments, medications, and therapy sessions, and keep copies of bills, receipts, and employer communications about time missed from work. Note symptom changes, limitations in daily activities, and how the injury affects cognition, mood, or relationships to create a clear history of impacts over time. Detailed documentation not only supports claims for economic losses but also helps demonstrate non-economic harms such as changes in quality of life, which can be important components of a recovery.

Tip: Preserve Evidence and Witness Information

Collect and preserve any physical evidence, photographs of the scene and injuries, and contact information for witnesses who observed the incident or the immediate aftermath. Obtain copies of accident reports, maintenance records, or medical records as soon as possible because prompt evidence collection can prevent loss or alteration of critical information. Preserving evidence and documenting circumstances early supports a thorough investigation into liability and strengthens the foundation for negotiating with insurers or pursuing litigation if needed.

Comparing Legal Paths for Traumatic Brain Injury Claims

When a Comprehensive Approach Benefits Your TBI Claim:

Complex Medical Causation and Long-Term Care

Comprehensive legal attention is often warranted when the medical picture is complex, such as when neurocognitive testing, imaging, and multidisciplinary care are needed to establish causation and treatment needs. A thorough approach coordinates medical opinions, documents rehabilitation and ancillary services, and projects future care and lost earning capacity to accurately quantify damages. When lifelong care or vocational limitations may result from the injury, a full evaluation of past and anticipated losses ensures that compensation demands address both present and future needs for ongoing treatment and support.

Disputed Liability or Multiple Defendants

When fault is contested or multiple parties may share responsibility, a comprehensive approach gathers evidence, interviews witnesses, and analyzes records to build a cohesive theory of liability. Investigative efforts may include obtaining surveillance, maintenance logs, or expert opinions to establish how the defendant’s conduct caused the incident and resulting injury. This fuller investigation improves the prospects of reaching a fair settlement or presenting a convincing case in court when negotiations do not resolve the dispute.

When a Limited Approach May Be Appropriate:

Minor Injuries with Clear Causation

A more streamlined approach can be suitable when a concussion or mild head injury results in short-term symptoms, medical treatment is straightforward, and liability is clear, such as when police reports and witness accounts plainly establish fault. In those cases, focused documentation of medical expenses and lost wages can support direct settlement discussions with insurers without extensive ancillary investigations. However, even in seemingly minor cases it is important to track symptoms and treatment to ensure no delayed effects are overlooked and that compensation reflects actual losses.

Low Medical Costs and Quick Recovery

When medical care is limited, recovery is rapid, and projected future needs are minimal, a limited legal effort aimed at resolving outstanding medical bills and short-term wage losses may be appropriate. This approach focuses on efficient documentation and negotiation to obtain fair compensation for identifiable expenses and time away from work. Even in these scenarios, confirming that all necessary records are preserved helps avoid underestimating the full scope of the injury or overlooking potential future complications.

Common Situations That Lead to Traumatic Brain Injury Claims

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries when occupants suffer blows to the head, rapid acceleration-deceleration forces, or secondary impacts, and such incidents often require immediate medical evaluation and ongoing monitoring for cognitive or neurological symptoms. Documenting the crash through police reports, medical records, photographs, and witness statements is critical to establishing fault and linking the collision to the resulting brain injury for a claim seeking compensation for medical care and lost income.

Falls and Slip-and-Fall Accidents

Falls, whether from a height or at ground level, can produce significant head injuries, particularly for older adults or in poorly maintained premises where hazards contributed to the incident, and immediate medical attention helps document injuries and begin necessary treatment. Collecting evidence such as incident reports, surveillance footage, maintenance logs, and witness accounts supports a claim by demonstrating the conditions that caused the fall and the relationship between the event and the brain injury.

Assaults and Workplace Injuries

Assaults and certain workplace incidents can result in traumatic brain injuries when an individual suffers a forceful impact to the head or body that transmits force to the brain, and these cases may involve criminal proceedings or separate civil claims for compensation. Careful documentation of medical treatment, incident reports, witness testimony, and any safety violations is important to establish how the injury occurred and to pursue recovery for medical costs, lost earnings, and related damages.

Manhasset Hills Traumatic Brain Injury Attorney

Why Choose The Ahearne Law Firm for Your TBI Claim

Clients choose The Ahearne Law Firm PLLC for personal attention, local knowledge, and a practical approach to documenting and pursuing traumatic brain injury claims in New York. Allan J. Ahearne, Jr. and the team focus on clear communication, timely investigation, and working with medical providers to compile the records and opinions needed to support claims for compensation. The firm guides clients through interactions with insurers, helps arrange for evaluations when needed, and strives to resolve claims efficiently while protecting the client’s rights under applicable statutes and case law.

From the initial case review through settlement negotiations or court proceedings, The Ahearne Law Firm aims to make the process as understandable and manageable as possible for injured individuals and their families. The firm assists with compiling bills and records, estimating future needs, and identifying appropriate avenues for recovery, including third-party claims and insurance benefits. If litigation becomes necessary, the firm prepares the case thoroughly to present the full scope of damages, while keeping clients informed about options and likely timelines at every stage of the matter.

Call (845) 986-2777 for a Case Review with Allan J. Ahearne, Jr.

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FAQS

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

Seek immediate medical attention and document everything about the incident, including how it happened and any symptoms you experience, because a medical record that connects the injury to the event is a central piece of evidence for any later claim. Even if symptoms appear mild initially, early evaluation helps identify injuries that may evolve over time and ensures treatment begins promptly to protect long-term recovery. Contacting local emergency services or visiting an urgent care or hospital may be necessary depending on the severity of symptoms. Report the incident to the appropriate authorities or property managers when applicable, preserve physical evidence such as damaged equipment or photographs of the scene, and obtain contact information from witnesses. Keep a detailed diary of symptoms, medications, appointments, and how the injury affects work and daily activities, since contemporaneous notes can be helpful when building a claim for medical costs and other damages. If you wish to discuss legal options and whether to pursue a claim, call The Ahearne Law Firm PLLC at (845) 986-2777.

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

In New York, the statute of limitations for most personal injury claims, including those for traumatic brain injury, is generally two or three years from the date of the injury, depending on the specific legal theory and the government or private status of potential defendants, so timely action is important to preserve your rights. Missing applicable deadlines can prevent a court from hearing your claim, which is why prompt consultation with counsel and early investigation are recommended to determine the correct filing period and any exceptions that might apply. There are special rules and exceptions for claims against public entities or for injuries discovered after the incident, so an early legal review helps identify deadlines specific to your situation. Even when the deadline appears months away, evidence can fade, witnesses can become unavailable, and documents can be lost, so beginning an investigation sooner rather than later increases the chances of preserving critical information needed to support a successful claim.

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

Compensation in traumatic brain injury cases can include reimbursement for past and future medical expenses, which covers hospital stays, surgeries, rehabilitation, cognitive therapy, medications, and assistive devices, as well as costs for ongoing care and special accommodations when necessary. Economic damages may also include lost wages for time away from work and reduced future earning capacity if the injury affects the ability to perform prior employment, and documentation such as paystubs and vocational assessments are typically used to quantify these losses. Non-economic damages may cover pain and suffering, loss of enjoyment of life, emotional distress, and the impact of the injury on relationships and daily functioning. In some cases, punitive damages may be available when the defendant’s conduct was particularly reckless or wanton, but those remedies depend on the facts of the case and the applicable legal standards. A careful valuation process examines both immediate treatment needs and projected long-term effects to seek recovery that reflects the full scope of harm.

How is causation established in a traumatic brain injury case?

Causation is established by showing that the defendant’s conduct caused the event that led to the traumatic brain injury and that the injury resulted from that event rather than an unrelated condition. Medical records linking the diagnosis to the incident, timely medical evaluations, witness statements, accident reports, and any available video or photographic evidence help connect the incident to the harm. Medical opinions and testing can further explain how the injury was produced and how it affects functioning over time. When liability or causation is disputed, additional investigative steps such as obtaining maintenance logs, vehicle or workplace records, or consulting medical professionals for opinions may be necessary. Demonstrating both the occurrence of the incident and the medical link to the brain injury forms the backbone of a persuasive claim for damages, and preserving evidence early strengthens the causal connection.

Will my case require expert medical evaluations?

Many traumatic brain injury cases involve medical evaluations by neurologists, neuropsychologists, or rehabilitation specialists to document cognitive, behavioral, and functional impairments and to project future care needs. These evaluations can include neurocognitive testing, imaging when appropriate, and multidisciplinary assessments that help quantify the injury’s effects on daily life and work capacity. Medical opinions assist in explaining symptoms that may not be visible on basic imaging but that nevertheless significantly affect quality of life and earning potential. While not every claim requires lengthy testing, involving qualified medical providers when symptoms persist or when long-term impacts are suspected helps ensure damages are properly documented. A legal review can determine which types of medical assessments will most effectively support a claim based on the nature of the injury and the issues likely to be disputed by insurers or defendants.

How does the claims process work with insurance companies?

Interactions with insurance companies typically begin with filing a claim and submitting medical records and bills, after which insurers will investigate liability and the extent of injuries, sometimes offering an early settlement to resolve the matter quickly. It is common for insurers to request recorded statements or to raise questions about pre-existing conditions and causation, so having legal guidance during these exchanges helps ensure your interests are protected and that you do not inadvertently accept a low offer before all damages are known. A careful claims process involves compiling comprehensive documentation of medical treatment, lost wages, and projected future needs before entering settlement negotiations, and negotiating effectively may require detailed demands and supporting materials. If negotiations do not result in a fair resolution, filing a lawsuit and pursuing litigation may be necessary to obtain appropriate compensation, and your legal representative will explain options and timelines throughout the process.

Can I pursue a claim if the injury occurred at work?

If a traumatic brain injury occurs at work, different recovery paths may be available, including workers’ compensation benefits for medical care and partial wage replacement, but workers’ compensation typically does not provide damages for pain and suffering or full recovery for lost earnings capacity. In some cases, third-party claims against a negligent contractor, vehicle driver, or property owner may be pursued in addition to workers’ compensation, which can provide an avenue for additional compensation for non-economic damages and broader economic losses. Evaluating whether a third-party claim exists requires careful analysis of the facts and potential defendants beyond the employer, and early investigation helps identify responsible parties and preserve evidence. Consulting with legal counsel can help coordinate workers’ compensation benefits while also assessing whether a separate civil claim should be pursued to address losses not covered by the workers’ compensation system.

What evidence is most important in a TBI claim?

Important evidence in a traumatic brain injury claim includes medical records, imaging reports, hospital discharge summaries, therapy notes, and documentation of ongoing treatment needs, all of which help establish the nature and extent of the injury. Accident reports, photographs of the scene, surveillance footage, witness statements, and maintenance or safety records can help demonstrate how the incident occurred and who is at fault, which supports the liability component of a claim. Additional useful materials include employment records showing lost wages or reduced hours, financial documentation of medical and caregiving expenses, and personal journals that record symptoms and day-to-day limitations, since these sources help quantify damages. Timely collection and preservation of these items strengthen the evidentiary foundation for settlement negotiations or litigation, and a coordinated effort to gather records improves the likelihood of a full assessment of losses.

How long does it take to resolve a traumatic brain injury case?

The timeline to resolve a traumatic brain injury case varies depending on the complexity of medical issues, the degree of dispute over liability, and whether settlement negotiations succeed or the case proceeds to trial. Some straightforward claims with clear liability and limited injuries can be resolved in several months, while cases involving serious, long-term impairments or contested liability may take a year or more to conclude, particularly if expert evaluations and detailed damage projections are required. If litigation becomes necessary, additional months or longer may be needed to complete discovery, obtain expert testimony, and schedule trial dates, and appeals can extend the timeline further. Throughout the process, effective case management focuses on preserving evidence, coordinating medical documentation, and keeping clients informed about realistic timelines and likely milestones toward resolution.

How can The Ahearne Law Firm help with my TBI claim?

The Ahearne Law Firm assists with timely case evaluation, coordination of medical documentation, investigation of liability, and drafting demands that reflect both present needs and projected long-term care requirements, working to secure compensation for medical expenses, lost earnings, and non-economic harms. Allan J. Ahearne, Jr. and the firm aim to provide clear guidance about legal options, potential timelines, and strategies for negotiation or litigation, while helping clients understand how damages are quantified and what evidence is most persuasive in support of a claim. The firm also helps arrange for necessary medical evaluations and connects clients with appropriate healthcare providers and vocational resources when needed to document functional limitations and future needs. By handling correspondence with insurers, organizing bills and records, and advocating for full recovery, the firm seeks to reduce the administrative burden on injured people so they can focus on healing and rehabilitation.

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