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) Attorney Serving Port Washington, New York

Compassionate TBI Advocacy

Complete Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can change lives in an instant, and understanding your legal options after a serious head injury is important for recovery and future stability. If you or a loved one suffered a TBI in Port Washington, New York, the Ahearne Law Firm PLLC provides careful attention to the medical, financial, and legal issues that follow. Allan J. Ahearne, Jr. and the firm focus on guiding clients through the claim process, coordinating with medical providers and investigators, and pursuing fair compensation when negligence is involved. Call (845) 986-2777 to speak about your situation and next steps.

A traumatic brain injury claim often requires gathering medical records, documenting symptom progression, and connecting injury-causing events to long-term impacts on work, family life, and daily function. Our approach is to listen to each client’s story, develop a clear plan for the claim, and keep clients informed about progress and options. We work with treating physicians and appropriate medical professionals to fully document injuries and rehabilitation needs. If you live in Port Washington or elsewhere in Nassau County, reaching out early helps preserve evidence and supports a stronger claim for compensation and necessary care.

The Importance of Prompt TBI Action and Advocacy

Addressing a traumatic brain injury promptly helps ensure medical needs are met and that legal rights are preserved. Early investigation can secure evidence such as accident reports, witness statements, and video footage while memories remain fresh and physical evidence is intact. Timely legal action also supports coordination with healthcare providers to document symptoms and the course of treatment from the outset, which can be essential when demonstrating the full scope of damages. Taking proactive steps increases the likelihood of obtaining compensation for medical care, ongoing rehabilitation, lost income, and other harms resulting from the injury.

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

Ahearne Law Firm PLLC represents Port Washington and Hudson Valley residents in personal injury matters, with a focus on helping accident victims secure compensation and care after serious injuries such as traumatic brain injuries. Allan J. Ahearne, Jr. guides clients through every stage of a claim, from initial evaluation through negotiation and, if necessary, courtroom advocacy. The firm values clear communication, individualized attention, and careful documentation of injuries and damages. Clients receive support in understanding medical records, loss of earnings, and rehabilitation needs while pursuing a claim that reflects both immediate and future impacts.

Understanding Traumatic Brain Injury Claims in New York

A traumatic brain injury (TBI) claim typically involves showing that another party’s action or inaction led to the injury and that the injury caused measurable harm. Important elements often include establishing how the accident occurred, documenting head injuries with medical records and imaging, and linking those medical findings to real-world effects such as cognitive changes, emotional shifts, or difficulty returning to work. The legal process requires careful collection of evidence, statements from treating clinicians, and often input from rehabilitation professionals to demonstrate the extent of need for ongoing care and support.

Claim development generally includes a thorough investigation of the incident, consultation with treating providers, and preparation of a clear narrative that connects the event to the injury and resulting losses. This means assembling police or incident reports, witness accounts, medical imaging, and records of treatment and therapy. The goal is to create a complete picture of how the injury impacts daily life, employment, and future needs. Throughout the process, maintaining detailed records of symptoms, medical visits, medication changes, and functional limitations strengthens the claim and helps determine appropriate compensation for past and future harms.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force causes damage to the brain, ranging from a mild concussion to more severe injuries that result in long-term impairment. Symptoms can include headaches, dizziness, memory loss, difficulty concentrating, mood changes, and sensory disturbances, and they may appear immediately or emerge over time. Diagnosis often relies on clinical evaluation, neuroimaging, and cognitive testing to assess the nature and severity of the injury. For legal purposes, demonstrating the connection between the incident and the medical diagnosis is essential to support claims for medical care and compensation.

Concussion

A concussion is a type of mild traumatic brain injury caused by a blow, bump, or jolt to the head that disrupts normal brain function. Symptoms can include brief loss of consciousness, confusion, headaches, balance problems, sleep disturbances, and cognitive difficulties. Even when initial symptoms seem mild, concussions can lead to lingering issues that affect work, school, and relationships. Proper documentation of symptoms, medical evaluation, and follow-up care are important when assessing the extent of injury and determining appropriate benefits or damages in a legal claim.

Negligence

Negligence refers to a failure to exercise reasonable care under the circumstances, leading to harm to another person. In a TBI claim, negligence might involve a driver’s unsafe conduct, a property owner’s failure to remedy hazards, or an employer’s disregard for safety protocols. To prove negligence, a claimant typically must show that the defendant owed a duty of care, that the duty was breached, that the breach caused the injury, and that measurable damages resulted. Establishing these elements requires gathering clear evidence connecting the wrongful action to the brain injury and its consequences.

Causation and Liability

Causation addresses whether the defendant’s conduct directly produced the injury and its effects, while liability determines legal responsibility for the harm. In TBI cases, causation often involves correlating medical findings and symptom progression with the incident, showing that the injury was not due to a preexisting condition or unrelated event. Liability may be shared among multiple parties when several factors contributed to the accident. Demonstrating both causation and liability typically requires careful analysis of records, witness statements, and an explanation of how the injury has impacted the claimant’s life and future needs.

PRO TIPS

Document All Symptoms and Care

Keep a detailed record of symptoms, medical visits, medications, and changes in daily functioning after any head injury because these notes help show the progression and persistence of problems over time. Photographs of injuries, copies of imaging results, and written accounts from family members or coworkers about observed changes can strengthen the factual record supporting a claim. Timely documentation also assists health care providers in tracking recovery and planning rehabilitation, which in turn supports an accurate assessment of damages and future care needs in the legal process.

Seek Timely Medical Evaluation

Arrange medical evaluation as soon as possible after a suspected brain injury so that professionals can assess, diagnose, and document any neurological or cognitive impairments and begin appropriate treatment and monitoring. Early medical records establish an important link between the incident and the injury and can prevent questions later about delayed treatment or intervening causes. Consistent follow-up visits and adherence to recommended therapies create a documented treatment trajectory that supports claims for compensation for both immediate and long-term medical needs.

Preserve Evidence and Witness Details

Collect and preserve any physical evidence from the scene of the incident, such as damaged equipment or clothing, and record contact details for witnesses while memories are fresh to support accurate statements later. Obtaining incident reports, surveillance footage, and official records promptly helps ensure that key information remains available for investigators and treating clinicians. Maintaining organized records and sharing them with legal counsel or medical providers when appropriate improves the ability to reconstruct the event and strengthens the documentation needed to pursue appropriate compensation.

Comparing Legal Approaches for TBI Claims

When a Full-Scale Approach Is Appropriate:

Severe or Multiple Injuries

A comprehensive legal approach is often necessary when a traumatic brain injury is severe or accompanied by multiple injuries that affect rehabilitation and long-term care needs, because the scope of damages extends beyond immediate medical bills to include ongoing therapy, loss of earning capacity, and long-term support. Coordinating medical testimony and life-care planning becomes important to quantify future treatment and accommodation costs in a manner that insurance carriers and courts can evaluate fairly. Pursuing a thorough claim helps ensure that all present and future consequences are considered when seeking compensation.

Complex Liability or Multiple Parties

A full-scale approach is also appropriate when multiple parties may share responsibility, when liability issues are contested, or when issues such as governmental immunity or workplace regulations complicate the claim, because resolving these matters typically requires extended investigation and careful legal strategy. Gathering coordinated evidence from different sources and preparing persuasive legal arguments help clarify fault and the extent of each party’s responsibility. Addressing these complexities thoroughly can improve the chance of securing fair compensation for medical care and long-term needs.

When a Limited Approach May Be Suitable:

Clear Liability and Mild Injury

In situations where fault is clear and the traumatic brain injury appears mild with a straightforward recovery path, a more limited claim focused on documented medical expenses and short-term lost wages may be appropriate to reach a prompt resolution and reduce legal costs. Even in these cases, careful documentation of treatment and follow-up is important to ensure that compensation covers current costs and any lingering effects. A measured approach can be efficient while still protecting the claimant’s interests and preserving options if symptoms persist or new issues arise.

Preference for Quicker Resolution

Some claimants prefer a limited course of action to achieve a faster settlement when future needs seem manageable and the evidence for immediate damages is clear, because a quicker resolution can reduce uncertainty and allow focus on recovery. In these cases, negotiating with insurers based on documented medical bills and wage loss may lead to acceptable results without extended litigation. It remains important to consider potential delayed symptoms and to reserve rights where appropriate so that new information can be addressed if long-term effects develop.

Common Circumstances That Lead to Traumatic Brain Injuries

Motor Vehicle Collisions

Motor vehicle collisions are a frequent source of traumatic brain injuries because sudden impact forces can cause the brain to move within the skull, resulting in concussions or more severe injuries; documenting crash reports, vehicle damage, and witness accounts is important for linking the event to medical findings. Prompt medical evaluation and careful follow-up records help establish the trajectory of symptoms and support claims for both immediate and long-term care needs following an automobile incident.

Slip and Fall Accidents

Slip and fall incidents on public or private property can result in head trauma when a fall leads to direct impact or secondary head strikes, making it important to document surface hazards, incident reports, and witness statements to support a claim against a property owner or manager. Early medical documentation of head injury symptoms and treatment helps connect the fall to any ongoing cognitive or physical impairments requiring rehabilitation and possible compensation.

Workplace Trauma

Workplace accidents, including falls, struck-by incidents, or equipment malfunctions, can cause traumatic brain injuries and may involve workers’ compensation alongside potential third-party claims when external negligence is a factor, requiring careful coordination of benefits and legal options. Keeping detailed incident and treatment records and notifying appropriate employer contacts supports both medical care and any legal claims that arise from the workplace injury.

Port Washington Traumatic Brain Injury Attorney — Local Representation

Why Choose Ahearne Law Firm for Your TBI Claim

Clients choose Ahearne Law Firm because the team places a priority on communication, careful documentation, and practical guidance through the often-complex stages of a traumatic brain injury claim. Allan J. Ahearne, Jr. works with medical providers and rehabilitation professionals to assemble a clear record of diagnosis, treatment, and ongoing needs, and he keeps clients informed about the strengths and challenges of a claim. The firm’s focus on individualized attention means each case is evaluated on its particular facts so that strategies reflect the claimant’s medical and financial needs.

When pursuing compensation for a traumatic brain injury, thorough preparation and focused advocacy can make a meaningful difference in outcomes for medical care, lost income, and future support needs. Ahearne Law Firm assists clients in obtaining necessary records, arranging for independent medical assessment when appropriate, and presenting a persuasive narrative to insurers or courts. Individuals in Port Washington and across Nassau County can contact the firm at (845) 986-2777 to discuss case details and options for moving forward with a claim.

Contact Ahearne Law Firm for a Case Review Today

People Also Search For

Traumatic Brain Injury lawyer Port Washington

TBI attorney Port Washington NY

Port Washington brain injury claim

Nassau County TBI attorney

Hudson Valley brain injury lawyer

Personal injury TBI Port Washington

Allan J. Ahearne Jr. traumatic brain injury

TBI compensation New York

FAQS

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

A traumatic brain injury is any injury to the brain caused by an external force, such as a blow, jolt, or penetration, that disrupts normal brain function. Diagnosis typically begins with a clinical evaluation by a medical professional who will assess symptoms, cognitive function, and neurological signs; imaging studies like CT scans or MRIs are often used to identify structural damage, while cognitive testing can reveal functional impairments that are not visible on scans. Proper documentation of symptoms and medical findings over time is essential for both treatment planning and any related legal claim. Medical records, emergency department notes, imaging reports, and follow-up evaluations form the core of a medical record that links the incident to the brain injury, and ongoing documentation of rehabilitation, therapy, and symptom changes helps establish the trajectory of recovery or long-term impairment. Timely medical attention and consistent follow-up care create a clear record that supports both medical management and any future claim for compensation related to the injury.

What should I do immediately after a suspected TBI?

After a suspected traumatic brain injury, seek prompt medical evaluation even if symptoms seem mild, because some signs can emerge or worsen over time and early documentation supports both health and legal needs. Make sure to describe all symptoms to the treating clinician, obtain copies of any imaging or test results, and follow recommendations for follow-up care and cognitive evaluation. Keeping a symptom journal that tracks headaches, memory problems, sleep changes, or mood shifts can provide important evidence of how the injury affects daily life and recovery. In addition to medical care, collect basic evidence from the incident scene when possible, such as photographs, contact information for witnesses, and written descriptions of how the event occurred. Notify appropriate parties such as employers or property managers when relevant, and preserve any physical items related to the event, like damaged helmets or safety gear. These steps help protect your legal rights and support a clear claim if compensation for medical care or other losses becomes necessary.

How long do I have to file a traumatic brain injury claim in New York?

New York law sets specific time limits for bringing personal injury claims, commonly referred to as statutes of limitations, and the exact deadline can depend on the nature of the claim and the parties involved; for many kinds of personal injury claims, the time limit is measured in years from the date of the accident. It is important to consult with counsel early because missing a filing deadline can bar recovery, and there are exceptions and special rules that may apply depending on whether the defendant is a government entity, an employer, or another party, so prompt action preserves legal options. Starting an investigation soon after the injury helps preserve evidence, identify witnesses, and obtain medical documentation necessary to present a strong case within those legal time frames. Even when a claimant is focused on medical recovery, contacting an attorney to discuss deadlines and initial evidence preservation can prevent inadvertent loss of important rights, and it allows time to prepare a claim that accounts for both present and future needs arising from the injury.

What types of compensation can I recover in a TBI claim?

Compensation in a traumatic brain injury claim can cover a range of economic and non-economic losses, including past and future medical expenses, costs of rehabilitation and assistive services, lost wages and diminished earning capacity, and expenses related to home or vehicle modifications when needed. Non-economic damages may include compensation for pain and suffering, loss of enjoyment of life, and emotional distress resulting from the injury. The total value of a claim depends on the severity of the injury, the duration and cost of treatment, and the degree to which the injury affects daily activities and future earning potential. Documenting all aspects of harm, from medical bills and therapy records to testimony from treating clinicians about future care needs, helps quantify both immediate costs and ongoing needs. A thorough claim presentation that includes medical projections, vocational assessments, and life-care planning materials can assist in negotiating fair compensation or presenting the case persuasively in litigation when necessary to recover damages that address both current and long-term impacts of the injury.

Do I need to see a doctor if I feel okay after a head impact?

Yes, seeing a doctor after a head impact is important even when you feel fine initially, because symptoms of a traumatic brain injury can be delayed and some signs may not be evident without clinical assessment or imaging. Early evaluation helps identify any acute issues that require immediate care and establishes a baseline for monitoring recovery. A documented medical visit soon after the event also strengthens a later claim by showing a direct connection between the incident and subsequent symptoms or diagnoses. If symptoms such as persistent headache, dizziness, confusion, memory loss, vision changes, or mood shifts develop, arrange prompt follow-up care and adhere to medical recommendations for rest, therapy, and gradual return to activities. Consistent care and documentation of symptom progression and treatment outcomes are essential for both medical management and any legal claim seeking compensation for the full scope of injury-related losses.

How do you prove that a TBI was caused by the accident?

Proving that a traumatic brain injury was caused by a particular accident involves assembling medical records that document the injury, linking those records to the timing and circumstances of the incident, and demonstrating that the diagnosis and functional impairments are consistent with the reported event. Evidence commonly used includes emergency department and hospital reports, imaging results, treating physician notes, and records of ongoing rehabilitation that trace the course of symptoms and recovery. Witness statements, incident reports, and sometimes scene photographs or video can corroborate how the injury occurred. Medical opinions and evaluations from treating clinicians and rehabilitation professionals help explain how the incident produced the observed medical condition and how symptoms impact daily life and work. When necessary, independent medical assessments or vocational evaluations may be used to support claims about future care needs and lost earning capacity, and clear connecting evidence between the accident and the injury is essential to prevailing on causation in a claim.

What if the at-fault party does not have insurance?

If the at-fault party lacks insurance, recovery options depend on the claimant’s own insurance coverage, available uninsured or underinsured motorist benefits, or potential claims against other responsible parties whose policies might apply. For workplace injuries, workers’ compensation may cover some medical care and wage loss regardless of fault, and third-party claims may be possible when another party’s negligence contributed to the injury. Exploring all available coverage sources and possible responsible parties helps identify paths to recover compensation when the primary at-fault party has limited resources or no insurance. A careful review of insurance policies, employer obligations, and other potentially liable entities is important to determine the best approach for pursuing recovery and ensuring medical needs and financial losses are addressed. Early investigation and coordination with insurance providers protect rights and help identify coverage options that may apply to medical bills, rehabilitation costs, and lost income resulting from the injury.

Will my TBI case require going to court?

Many traumatic brain injury claims are resolved through negotiation or settlement with insurers after careful preparation of medical records and documentation of damages, but some cases proceed to litigation when liability is disputed or settlement offers fail to address the full scope of losses. The decision to pursue a trial typically depends on the strength of the evidence, the complexity of liability, the availability of fair settlement offers, and the claimant’s goals for recovery. Preparing a claim as if it may go to court helps ensure strong documentation and persuasive presentation when negotiating with insurers. Whether a case goes to trial, maintaining organized medical records, witness statements, and clear evidence of the injury’s effects is important to maximize the chance of a favorable outcome. Even when litigation becomes necessary, resolve and commitment to document past and future needs can support a claimant’s position and help secure compensation that reflects the true impact of the injury.

How long will it take to resolve a TBI claim?

The timeline to resolve a traumatic brain injury claim varies widely based on the severity of the injury, the time needed for medical stabilization and rehabilitation, the complexity of liability, and whether the matter settles or proceeds to trial. Minor claims with clear liability and limited damages may resolve in a matter of months, while complex cases that require long-term medical monitoring, life-care planning, or litigation can take a year or longer to reach resolution. Allowing time to document the likely future course of medical needs helps avoid settling too early when future issues remain uncertain. Ongoing communication with medical providers and methodical preparation of records improves the ability to evaluate settlement offers and the timing of a claim, and claimants should expect that meaningful recovery and claim resolution often require patience. Working with counsel to determine when a case is sufficiently developed to pursue maximum recovery helps balance the benefits of prompt resolution with the need to account for future care and losses.

How much is my traumatic brain injury claim worth?

There is no single formula for valuing a traumatic brain injury claim because each case depends on medical severity, prognosis, age, occupation, and the ways the injury affects daily life and future earning potential. Economic damages can include past and future medical expenses, rehabilitation costs, lost wages, and reductions in earning capacity, while non-economic damages address pain and suffering and loss of enjoyment of life. The total value reflects both quantifiable losses and the subjective impact the injury has on a person’s life, and assembling thorough documentation is essential for an accurate valuation. Accurate valuation often requires input from treating clinicians, rehabilitation planners, and vocational professionals to estimate future care needs and earning losses, and courts or insurance adjusters will review medical records and testimony when assessing fair compensation. Presenting a comprehensive claim that includes medical projections, therapy plans, and evidence of functional limitations gives a clearer picture of the compensation needed to address both current expenses and long-term consequences of the injury.

Personal Injury Services in Port Washington

Explore our injury practice areas

⚖️ All Personal Injury Services