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) — Old Westbury Personal Injury Lawyer

Compassionate Local Advocacy

Traumatic Brain Injury Claims Guide

Traumatic brain injuries can change lives and create long-term medical, emotional, and financial challenges for people and their families in Old Westbury and throughout Nassau County. This page explains how a personal injury claim for a TBI typically proceeds, what types of evidence are important, and how recovery for damages such as medical bills, lost wages, and future care needs can be pursued. If you or a loved one suffered a head injury after a fall, motor vehicle crash, or other incident caused by another party, this guide is intended to help you understand the claims process and the practical steps to protect your rights and options under New York law.

A traumatic brain injury is often invisible to others but can produce wide-ranging symptoms that affect memory, concentration, mood, and physical abilities. Establishing the link between the incident and the injury requires medical documentation, witness accounts, and careful attention to how symptoms evolve over time. This introduction outlines typical medical and legal milestones in a TBI claim, suggests documentation practices you can follow immediately after an injury, and provides contact information for Ahearne Law Firm PLLC in case you need help navigating deadlines, insurance negotiations, or potential litigation in Nassau County.

Why Pursue a Traumatic Brain Injury Claim

Pursuing a legal claim for a traumatic brain injury can help secure compensation that addresses immediate and long-term needs, including medical treatment, rehabilitative services, home modifications, and lost income. A well-documented claim can also assist families in planning for future care costs and reduce the financial uncertainty that often follows a serious head injury. Timely action preserves evidence and important legal rights under New York statutes, and can provide a framework for negotiating with insurers who may initially undervalue the full extent of cognitive, emotional, and physical losses after a TBI incident.

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

Ahearne Law Firm PLLC serves clients in Old Westbury, Nassau County, and the Hudson Valley region, handling personal injury claims including traumatic brain injuries. Allan J. Ahearne, Jr. leads the firm and focuses on helping injured people navigate insurance procedures, gather medical documentation, and pursue appropriate compensation. The firm emphasizes clear communication, frequent updates, and a practical approach to case preparation so clients can make informed decisions while recovering. If a claim proceeds to litigation, the firm prepares thoroughly to present medical records, expert opinions, and witness testimony to support a fair recovery for the injured person.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim requires demonstrating that an incident caused harm to the brain and that the harm resulted from another party’s negligence or wrongful conduct. Key elements include medical diagnosis, records of treatment, documentation of how symptoms affect daily life and work, and evidence about the circumstances of the incident. Physicians, neurologists, neuropsychologists, and rehabilitation professionals often play a role in describing cognitive and functional impairments, while accident reports, photographs, and witness statements help establish causation and liability. Understanding these components early helps victims prioritize medical care and collect essential documentation for a claim.

Medical records and timely evaluations are especially important because symptoms of a TBI can change over weeks or months, and insurers may resist acknowledging long-term consequences. Documentation should include emergency room notes, imaging studies, follow-up neurology or neuropsychology reports, and records of therapy or home care needs. Employers can provide information on lost income or changes in job duties, and family members can describe alterations in behavior and daily functioning. Gathering this evidence early supports a realistic assessment of damages, facilitates negotiations with insurance companies, and helps preserve rights under New York’s statutes of limitations.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury refers to damage to the brain caused by an external force, such as a blow to the head, sudden acceleration or deceleration in a car crash, or penetrating injury. Symptoms vary widely and can include headaches, memory problems, cognitive changes, mood disturbances, sensory issues, and physical impairments. Severity ranges from mild concussions to severe brain trauma that requires long-term care. Medical evaluation typically includes neurological exams and imaging, and ongoing assessments may be necessary because some deficits appear or evolve after the initial injury.

Causation

Causation in a TBI claim means demonstrating a direct link between the incident and the brain injury and showing that the defendant’s actions or negligence materially contributed to the harm. Establishing causation relies on medical records, expert medical opinions, accident reports, and witness accounts that corroborate the sequence of events and the timing of symptoms. Clear documentation of how the injury occurred and how symptoms manifested afterward strengthens a claim that the defendant’s conduct produced the injury and the resulting losses.

Damages

Damages are the monetary losses and harms that a person with a TBI may pursue in a claim, including past and future medical costs, rehabilitation, lost wages, reduced earning capacity, and compensation for pain and suffering or diminished quality of life. Calculating damages often requires input from medical providers, vocational experts, and financial planners to estimate long-term care needs and income losses. A complete damages assessment helps ensure that settlement discussions or court proceedings consider both immediate bills and ongoing expenses related to the injury.

Liability

Liability refers to legal responsibility for causing an accident that led to a traumatic brain injury and depends on the facts of the incident and applicable law. Liability may be based on negligence, reckless behavior, product defects, or intentional misconduct, depending on the situation. Identifying liable parties can include drivers, property owners, employers, or manufacturers. Each potential defendant’s role is evaluated through investigation, evidence gathering, and legal analysis to determine who can be held accountable for the injury and resulting damages.

PRO TIPS

Document Symptoms and Treatment

Keep a detailed diary of symptoms, medical appointments, and how the injury affects daily activities. Obtain copies of all medical records, imaging studies, and therapy notes to establish a clear treatment history and chronology. Timely documentation helps preserve evidence and supports accurate assessment of short and long-term needs in a claim.

Collect Evidence Early

Photographs of the scene, witness contact information, and a copy of any accident report should be gathered as soon as possible. Early preservation of evidence prevents loss of important details and strengthens causation and liability assertions. Prompt investigation also facilitates communication with insurers and helps preserve legal rights under New York law.

Prioritize Medical Follow-Up

Follow medical recommendations and attend all specialist appointments to document the course of recovery and any lingering deficits. Consistent care records help demonstrate the extent and longevity of impairment for damages calculations. Delays in treatment or missed appointments can create disputes about the severity and cause of symptoms.

Comparing Legal Paths for TBI Claims

When a Full Legal Approach Matters:

Complex Medical Needs and Ongoing Care

Comprehensive legal attention is often necessary when a TBI results in long-term medical and rehabilitative needs that are not easily quantified. A thorough approach helps project future care expenses, vocational losses, and necessary home modifications or assistive services. Addressing these issues early supports accurate valuation and stronger negotiation with insurers over lifetime damages.

Multiple Potential Liable Parties

When more than one party may share responsibility for an injury, a comprehensive strategy ensures each potential source of recovery is explored. This includes investigating vehicle occupants, property conditions, employer liability, or product defects that contributed to the trauma. Coordinating these lines of inquiry protects the injured person’s ability to pursue all appropriate claims.

When a Focused, Limited Approach May Work:

Minor Injuries with Clear Liability

A more focused approach can be appropriate when injuries are minor, the path to recovery is straightforward, and liability is undisputed. In such cases, limited negotiation with insurers and precise documentation of medical costs and lost wages may resolve the matter efficiently. This narrower route can reduce time and legal expense while still seeking fair compensation for measurable harms.

Small, Quantifiable Damages

A limited strategy is often suitable when damages are primarily past medical bills and a short period of lost income with limited future needs. Handling claims directly with insurers and focusing on clear billing records may reach timely resolution. However, even in these cases, careful documentation and an awareness of legal deadlines remain important to protect recovery.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Vehicle crashes, including passenger car, motorcycle, and pedestrian accidents, are frequent causes of traumatic brain injuries due to sudden impact or whiplash forces. These incidents can produce concussions or more severe brain trauma that require immediate and ongoing medical attention.

Slip and Fall or Premises Accidents

Workplace and Construction Injuries

Work-related falls, struck-by incidents, or equipment failures can produce serious brain injuries that affect a person’s ability to return to work. Understanding both workers’ compensation options and third-party liability pathways is important in these cases.

Old Westbury Traumatic Brain Injury Representation

Why Contact Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC provides local representation for residents of Old Westbury and Nassau County who are pursuing traumatic brain injury claims. The firm assists with gathering medical documentation, communicating with healthcare providers and insurers, and evaluating both immediate and long-term financial impacts. Clients receive practical guidance about deadlines, documentation practices, and what to expect during negotiations or court proceedings, helping them focus on recovery while the firm manages the procedural aspects of the claim.

The firm works to provide clear assessments of potential recovery and to identify all available avenues for compensation, including insurance benefits and claims against responsible parties. When cases require litigation, the firm prepares thoroughly to present medical records, witness testimony, and valuations of future care needs. Clients are kept informed at every stage so they can weigh options and make decisions that align with their recovery and financial needs in New York.

Contact Ahearne Law Firm in Old Westbury Today

People Also Search For

Old Westbury TBI lawyer

traumatic brain injury claim Nassau County

TBI compensation New York

head injury attorney Old Westbury

concussion lawsuit Nassau County

TBI medical documentation New York

brain injury settlement Old Westbury

Ahearne Law Firm TBI

FAQS

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

A traumatic brain injury occurs when an external force injures the brain, and it can range from a mild concussion to severe brain trauma that affects cognition, mood, and physical functioning. Diagnosis typically begins with a medical evaluation that includes a neurological exam, symptom assessment, and in many cases imaging such as CT or MRI scans. Because some symptoms emerge or change over time, follow-up assessments and neuropsychological testing may be necessary to document the full extent of impairment and to guide treatment plans. Accurate diagnosis is important for medical care and for any legal claim. Detailed medical records that trace symptoms, treatments, and functional limitations are central to establishing causation and damages in a personal injury case. Early and consistent documentation by treating providers strengthens the record and helps ensure that both immediate and ongoing consequences of the injury are recognized and addressed in compensation discussions.

How soon should I seek medical care after a head injury?

You should seek medical attention as soon as possible after a head injury, even if symptoms initially seem mild, because some signs may evolve in hours or days. Early evaluation documents the timing of symptoms and can identify issues that require urgent care, which is important for both health and for establishing a clear record for a potential claim. Waiting to seek medical care can complicate proving that an incident caused the injury or may lead insurers to attribute symptoms to other causes. Prompt follow-up care is also key to tracking recovery and treatment needs. Detailed notes from emergency rooms, primary care, neurologists, and therapists create a continuous medical history that supports claims for compensation. If ongoing symptoms persist, continued documentation of how those symptoms affect daily activities and employment helps evaluate long-term damages and informs settlement or litigation strategies.

What types of compensation are available for TBI victims?

Compensation in a traumatic brain injury claim can include reimbursement for past and future medical expenses, costs for rehabilitation and home care, lost wages, reduced earning capacity, and non-economic damages for pain and suffering or diminished quality of life. The specific categories depend on the injury’s severity, the expected course of recovery, and the individual’s ability to work and perform daily activities. Economic damages are supported by bills, receipts, and expert projections, while non-economic losses may be supported by detailed accounts of life changes and testimony from treating providers or family members. Each case is unique, and calculating future needs often requires input from medical professionals, vocational counselors, and financial planners to arrive at realistic estimates of care costs and income loss. Gathering comprehensive documentation and careful valuation of future needs helps ensure a claim accounts for the full impact of a TBI on an injured person’s life over time.

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

In New York, the time limits for filing personal injury claims are governed by statutes of limitations that generally require bringing suit within a specific period after the injury. For most personal injury cases, the limitation period is a few years from the date of the accident, but there are exceptions, such as claims involving government entities which often have shorter notice requirements. Missing the applicable deadline can prevent recovery, so it is important to determine the relevant timeline for your case soon after an injury. Because deadlines can vary depending on the facts and the parties involved, seeking legal advice early helps preserve rights and ensures any required notices are filed timely. Even during ongoing medical treatment, taking steps to protect legal claims preserves options for compensation while you focus on recovery.

What evidence is most important in a TBI claim?

Important evidence in a TBI claim includes medical records and imaging studies that document diagnosis, treatment, and ongoing symptoms, witness statements and accident reports that describe how the injury occurred, and documentation of lost wages and other economic losses. Photographs of the scene and the injury, employer records, and testimony from treating medical providers or rehabilitation specialists also strengthen the record. Together, these items establish causation, liability, and the extent of damages. Additional supportive evidence can include diary entries about symptoms and daily limitations, statements from family members describing changes in behavior or function, and expert evaluations that explain how the injury affects future care and work capacity. Early collection and preservation of this evidence are essential for a thorough and persuasive claim.

Can a mild concussion lead to long-term problems?

A mild concussion can lead to persistent symptoms for some people, such as headaches, cognitive difficulties, sleep disturbances, and mood changes. While many individuals recover fully, others experience ongoing impairments that affect work, relationships, and daily activities. Monitoring symptoms and following up with medical professionals helps determine the appropriate course of care and whether symptoms are likely to be long lasting. Documenting any persistent symptoms and their impact on daily life is important for both health management and potential claims for compensation. Continued treatment reports, therapy notes, and functional assessments provide evidence to support recovery of damages if the concussion or mild TBI produces lasting effects that require medical or rehabilitative services.

Will insurance cover future rehabilitation or long-term care?

Insurance coverage for rehabilitation and long-term care depends on the type of policy, the terms and limits of coverage, and whether the insurer accepts responsibility for the injury. Health insurance, auto insurance, and homeowners or liability policies may each cover different portions of medical or care-related costs, but limits and exclusions can affect how much is paid. Reviewing policy language and coordinating benefits can help identify available coverage sources for necessary treatments and services. When insurance benefits are insufficient or denied, pursuing a tort claim against a responsible party can address gaps in coverage, including costs for future care and loss of earning capacity. Proper documentation of the need for future services and professional projections of care costs are key to pursuing compensation beyond what insurance provides for immediate treatment.

How are future medical needs and lost earning capacity calculated?

Future medical needs and lost earning capacity are calculated by combining medical projections, cost estimates, and vocational assessments that consider the injured person’s age, education, work history, and the likely course of recovery. Medical providers and rehabilitation specialists outline anticipated therapies and assistive needs, while financial planners or vocational analysts translate those recommendations into lifetime cost estimates. This multidisciplinary approach yields a reasoned projection of the economic impact of a TBI over time. Presenting these calculations to insurers or a jury requires clear documentation and credible support from treating providers and professionals who can explain how the injury will affect future care needs and the ability to work. Accurate projections help ensure compensation addresses both immediate bills and long-term financial burdens associated with the injury.

What should family members do to support a TBI claim?

Family members can support a TBI claim by documenting changes in behavior, daily functioning, and care needs, keeping a symptom diary, and collecting records of appointments, medications, and therapies. Statements from close family can help convey the injury’s effect on relationships, routine tasks, and overall quality of life. Such firsthand accounts supplement medical documentation and help provide a full picture of the injury’s impact. Family involvement also includes preserving evidence like photographs, witness information, and communication about lost wages or household responsibilities. Coordinating with medical providers to ensure consistent documentation and maintaining organized records of expenses and care routines strengthens the factual record needed to pursue appropriate compensation.

How does Ahearne Law Firm assist with TBI cases in Old Westbury?

Ahearne Law Firm PLLC assists TBI clients in Old Westbury by helping to gather medical records, secure necessary evaluations, and coordinate documentation that supports claims for both current and future needs. The firm can communicate with insurers, obtain accident reports and witness statements, and help identify all potential sources of recovery for medical bills, lost income, and long-term care. Being local, the firm can work directly with area providers and offer guidance tailored to Nassau County procedures and resources. When litigation is necessary, the firm prepares and presents medical documentation, witness testimony, and professional projections of future costs and losses. Throughout the process, clients receive information about legal deadlines, treatment documentation best practices, and options for resolving claims so they can focus on healing while the procedural and evidentiary aspects of the case are addressed.

Personal Injury Services in Old Westbury

Explore our injury practice areas

⚖️ All Personal Injury Services