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Traumatic Brain Injury (TBI) Lawyer in Times Square, New York

Recovery, Compensation, Support

Traumatic Brain Injury Claims Guide

If you or a loved one suffered a traumatic brain injury in or near Times Square, you face complex medical, financial, and legal challenges. A traumatic brain injury often produces symptoms that evolve over days, weeks, or months and can affect memory, concentration, mood, and physical function. This guide explains what to expect when pursuing a personal injury claim in New York County and how Ahearne Law Firm PLLC and Allan J. Ahearne, Jr. can help you preserve evidence, document injuries, and pursue recovery through insurance claims or litigation when necessary.

Early steps after a head injury make a meaningful difference in how your claim develops, including prompt medical evaluation, detailed symptom records, and preserving incident information such as witness names and photos. The legal process may involve negotiations with insurers, gathering medical and employment documentation, and, in some cases, filing a lawsuit within New York’s time limits for personal injury claims. Our goal is to explain options clearly, connect you with trusted medical practitioners when needed, and guide the collection of evidence that supports fair compensation for medical care, lost income, and ongoing care needs.

Benefits of Timely TBI Claims

Addressing a traumatic brain injury claim promptly helps protect your legal rights and improves the odds of preserving evidence that supports your case. Timely action can lead to faster access to medical referrals, early negotiation with insurers, and preservation of surveillance footage or witness statements that may otherwise be lost. A properly developed claim documents the full scope of medical care, rehabilitation needs, and economic losses, which supports demands for compensation that reflect both immediate treatment and long term effects. Early legal involvement also helps ensure compliance with procedural deadlines and avoids avoidable missteps when communicating with insurance companies.

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

Ahearne Law Firm PLLC serves clients across New York County and the Hudson Valley, with a focus on serious personal injury matters including traumatic brain injuries. Allan J. Ahearne, Jr. brings many years of litigation experience in New York courts and works directly with clients to evaluate claims, coordinate medical records, and develop a clear plan for pursuing compensation. The firm prioritizes direct communication, careful documentation, and steady advocacy through negotiations and trial when appropriate. If you need a clear explanation of the claims process or help assembling medical and financial documentation, our team is available to assist.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury can range from a mild concussion to a more severe brain injury that requires extended rehabilitation, and the medical and legal implications vary accordingly. Symptoms may be physical, cognitive, or emotional, and diagnostic testing can include imaging, neuropsychological evaluation, and ongoing medical assessments that track progress over time. For legal purposes, a well-supported claim ties the mechanism of injury to documented medical findings and a treating clinician’s records, while also demonstrating the injury’s effect on daily activities, work capacity, and need for ongoing care or accommodations.

Gathering reliable documentation is central to a successful claim and typically includes hospital records, physician notes, imaging results, therapy records, and contemporaneous notes from family or coworkers describing functional changes. Additional supporting materials may include employment records reflecting lost wages, expense receipts for treatment and assistive devices, and affidavits from witnesses who observed the incident or post-injury changes. Because symptoms may evolve, establishing a chronology with consistent medical follow-up and symptom reporting strengthens the connection between the incident and the ongoing impairments being claimed.

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Key Terms and Glossary

Traumatic Brain Injury (TBI)

Traumatic brain injury refers to damage to the brain caused by an external force, such as a blow to the head, a penetrating injury, or rapid acceleration and deceleration. The effects can be immediate or delayed and may include headaches, dizziness, memory loss, cognitive difficulties, mood changes, and sensory problems. From a legal perspective, establishing that a specific incident caused the brain injury requires linking the event to objective medical findings and treatment records, and demonstrating how the injury has affected the claimant’s ability to work, care for themselves, and participate in normal activities.

Concussion

A concussion is a form of mild traumatic brain injury that typically results from a blow or jolt to the head, causing a transient disruption in brain function. Symptoms can include confusion, memory lapses for the event, headaches, sensitivity to light or noise, and balance issues, and they sometimes resolve within days or weeks, though effects may persist longer. Legally, concussions are significant because symptoms may not show on basic imaging, so consistent medical documentation and symptom reporting are required to show impairment and the need for appropriate treatment and compensation.

Neuroimaging

Neuroimaging encompasses diagnostic tests such as CT scans and MRI studies that visualize structures in the brain and can reveal bleeding, swelling, contusions, or other trauma-related changes. These tests are important for identifying injuries that require immediate treatment and for supporting a legal claim by linking the traumatic event to observable findings. In many TBI cases, neuroimaging may be normal despite significant symptoms, so imaging must be considered alongside clinical assessments, neuropsychological testing, and ongoing medical records to fully document the nature and impact of the injury.

Loss of Consciousness

Loss of consciousness refers to a period during which a person is unresponsive and unaware of surroundings after a head injury, and it is one indicator clinicians use when assessing the severity of a brain injury. The presence, duration, and clinical observations surrounding loss of consciousness can affect diagnosis, treatment decisions, and legal evaluation of the case, but its absence does not rule out a serious brain injury. Accurate documentation of any loss of consciousness, as well as other symptoms and altered mental status at the time of injury, strengthens the medical and legal record supporting a claim.

PRO TIPS

Seek Immediate Medical Evaluation

Obtaining a prompt medical evaluation after a head injury is essential to diagnose internal injuries, start appropriate treatment, and create a record that links the incident to the injury. Even if symptoms seem mild at first, medical documentation helps track changes over time and provides contemporaneous evidence that supports a later claim. Always follow up as recommended and keep detailed records of appointments, treatments, and symptom progression to support medical and legal documentation.

Document the Incident Thoroughly

Record details of the incident while they are fresh, including the date, time, location, conditions, and the names of any witnesses, and take photographs of the scene and visible injuries. Collect contact information for witnesses and keep any relevant receipts or employment records that show lost time and wages following the injury. This contemporaneous documentation can substantiate your account and be crucial evidence when presenting a claim to an insurer or in court.

Preserve Medical and Employment Records

Keep copies of all medical records, diagnostic reports, therapy notes, and prescriptions related to the brain injury, and make sure to obtain records from every treating provider. Maintain employment records that document missed work, reduced hours, or changes in job duties caused by the injury, as these documents support claims for lost earnings and diminished earning capacity. Organized records help clarify the scope of recovery needed and make discussions with insurance adjusters or opposing parties more productive.

Comparing Legal Options for TBI Claims

When a Full Legal Approach Is Needed:

Complex or Long-Term Injuries

A comprehensive approach is appropriate when the brain injury produces ongoing medical needs, uncertain long-term prognosis, or significant effects on earning capacity and daily living, because these issues require detailed assessment and valuation. Long term care, rehabilitation, and vocational impacts are often central to a complete claim and benefit from careful documentation and planning. Comprehensive legal work coordinates medical experts, therapists, and vocational professionals to establish future needs and present a full picture of damages to insurers or a jury.

Serious Disputes or Liability Issues

When liability is contested, evidence is incomplete, or there are multiple potential responsible parties, a thorough legal strategy can be necessary to develop proof and negotiate effectively. Investigative steps can include securing surveillance, obtaining witness statements, consulting with medical and accident reconstruction sources, and ensuring admissible records are preserved. These efforts help clarify fault, present damages clearly, and increase the likelihood of a favorable resolution through negotiation or trial preparation when negotiations do not produce fair compensation.

When a Limited Approach May Be Sufficient:

Minor Injuries with Clear Liability

A more limited approach can be appropriate when injuries are minor, medical treatment is brief, and liability is clearly established by indisputable evidence such as video or an admission from a responsible party. In those situations, efficient negotiation focused on medical bills and short term lost wages may resolve the claim without more extensive investigation. Even when pursuing a streamlined resolution, it remains important to document treatment and expenses to ensure any settlement fully reflects the injury’s effects while avoiding unnecessary delay or expense.

Quick Insurance Resolution Desired

If the priority is a prompt settlement to cover immediate medical costs and the insurer is cooperative, a limited strategy may produce a timely outcome without protracted litigation or exhaustive discovery. This route can reduce stress and allow claimants to focus on recovery, but it requires careful evaluation to ensure the proposed settlement is adequate in light of possible future needs. Even in streamlined cases, reviewing offers against realistic projections of future medical and economic impacts helps avoid accepting insufficient compensation.

Common Situations That Lead to TBIs

Motor Vehicle Collisions

Motor vehicle collisions in and around Times Square often lead to head trauma when occupants strike interior surfaces, are jolted by sudden acceleration changes, or when pedestrians and cyclists are struck, and documenting vehicle dynamics, medical treatment, and surveillance footage can be essential. Prompt medical attention and preservation of scene evidence increase the chances that insurance carriers will recognize the injury and the link between the crash and resulting brain injury when evaluating claims.

Falls in Public Spaces

Slip and fall incidents on sidewalks, stairways, or poorly maintained premises can cause significant head injuries when a person strikes a hard surface, and property maintenance records, incident reports, and witness statements are important forms of evidence in these cases. Gathering documentation about hazards, maintenance histories, and any prior complaints can help establish liability and support a claim for medical costs and other losses tied to the brain injury.

Assaults and Workplace Accidents

Assaults, sports injuries, and workplace incidents can result in traumatic brain injuries where responsibility may involve another individual, an employer, or third parties whose actions or negligence contributed to the harm, and police reports, employer investigations, or witness accounts often play a central role. Careful coordination with treating medical providers and preservation of physical and documentary evidence helps ensure the full scope of injuries and losses are documented for a claim or potential legal action.

Times Square Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for Your TBI Claim

Clients turn to Ahearne Law Firm PLLC for focused representation in cases involving traumatic brain injuries within New York County because the firm emphasizes clear communication, thorough preparation, and consistent case management. Allan J. Ahearne, Jr. and the team prioritize coordinated documentation of medical records, employer statements, and witness accounts to create a persuasive presentation of damages and liability. The firm aims to relieve clients of administrative burdens so they can focus on recovery while we pursue fair compensation for medical costs, lost wages, and future care needs.

From the initial consultation through negotiations or trial preparation, our approach includes a careful review of medical records, assistance obtaining additional evaluations if warranted, and strategic negotiation with insurers to seek settlements that reflect both immediate and future needs. We seek to provide practical guidance about realistic outcomes and procedural timelines under New York law and to keep clients informed at every stage so that decisions about settlement or litigation are made with full context and understanding of potential consequences.

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FAQS

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

Traumatic brain injury refers to brain dysfunction caused by an external force, such as a blow, jolt, or penetrating injury to the head, and it can present with symptoms ranging from headache and dizziness to memory loss, mood changes, and cognitive impairment. Diagnosis often combines a clinical evaluation of symptoms, neurological examinations, and diagnostic tests such as CT scans or MRI when indicated; however, some brain injuries do not show on basic imaging, so clinical history and symptom documentation are equally important. Early and ongoing medical assessment helps identify the nature and severity of the injury and informs treatment planning. Establishing a diagnosis for legal purposes usually involves compiling hospital records, physician notes, imaging reports, and any neuropsychological testing that shows cognitive or functional changes. Because symptoms may evolve, consistent follow-up and clear documentation of functional limitations, therapy progress, and effects on daily living and work strengthen a claim. A well-documented course of care helps link the traumatic incident to ongoing impairments and supports requests for compensation covering medical costs, lost income, and adaptive needs.

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

You should seek medical care as soon as possible after a head injury, even if symptoms seem mild, because some injuries evolve over time and early records create an important contemporaneous account of the incident and initial symptoms. Immediate evaluation can identify conditions that require urgent treatment and begin the documentation process that will support any future claim. Prompt care also helps providers track symptom progression and recommend timely interventions such as imaging, observation, or therapy referrals when appropriate. Delaying medical attention can make it harder to show the connection between the incident and later symptoms, particularly if the insurer questions causation or points to preexisting conditions. Timely treatment establishes a clear timeline and treatment plan, and follow-up visits that record persistent or worsening symptoms, therapy responses, and functional limitations will be central to proving both injury and ongoing needs in negotiations or litigation.

What types of compensation can I pursue after a TBI?

After a traumatic brain injury, claimants may pursue compensation for medical expenses, rehabilitation costs, medications, therapy, and assistive devices necessary for recovery and daily functioning. Economic damages also include past lost wages and reduced earning capacity if the injury affects the ability to work, and non‑economic damages can cover pain and suffering, emotional distress, and loss of enjoyment of life depending on the case facts and severity. When future care or earnings are implicated, damages calculations often rely on projections from medical and vocational sources to quantify ongoing needs. In some cases, claimants may seek reimbursement for out-of-pocket expenses such as transportation to appointments, home modifications, or paid caregiving, and punitive damages can be available in rare situations involving particularly reckless conduct. Building a comprehensive demand requires assembling medical evidence, employment records, and documentation of daily life changes so that negotiations or a court presentation accurately reflect both current and anticipated losses.

How do I prove that the incident caused the brain injury?

Proving that an incident caused a brain injury requires linking the event to medical findings and a documented course of care that shows both the timing and the effects of the injury. Important evidence includes hospital and clinic records created shortly after the incident, diagnostic imaging when available, detailed physician notes that describe symptoms and diagnoses, and records of rehabilitation or therapy that reflect ongoing treatment needs. Witness statements, photographs of the scene, and incident reports can corroborate the circumstances that led to the injury. Because some brain injuries do not produce clear findings on standard imaging, consistent symptom reporting and objective testing such as neuropsychological evaluations can be valuable for demonstrating cognitive or functional impairment. A thorough presentation combines contemporaneous medical records with later assessments, employment and daily activity records showing functional changes, and expert medical opinions when necessary to explain the injury’s impact in legal terms.

What is the statute of limitations for filing a TBI claim in New York?

In New York, the statute of limitations for most personal injury actions, including many traumatic brain injury claims, is three years from the date of the incident that caused the injury, and missing that deadline can bar the claim unless a recognized exception applies. Certain claims against government entities follow different timeframes and procedures that require prompt notice, and there may be other special rules depending on the facts, so it is important to consult promptly to preserve rights and comply with procedural deadlines. Timely legal review helps identify any exceptions that could affect filing requirements. Waiting to consult or file until after the statutory deadline has passed can permanently foreclose recovery, which is why early evaluation of your claim is recommended. Collecting evidence, obtaining medical documentation, and meeting filing or notice requirements all take time, so starting the process quickly helps ensure that the claim proceeds within the applicable legal windows and that critical evidence is not lost.

How does comparative negligence affect a brain injury case in New York?

New York follows a comparative negligence rule that reduces a claimant’s recovery by their percentage of fault for an incident, meaning that if a factfinder allocates some portion of responsibility to the injured person, the award is adjusted accordingly rather than barred outright. For example, if a claimant is found partially responsible, the total damages are reduced by that percentage, so clear documentation of the defendant’s negligence and efforts to minimize any perception of claimant fault are important when pursuing maximum recovery. Demonstrating safe behavior and highlighting the other party’s actions can influence apportionment discussions. Comparative fault can influence settlement negotiations and litigation strategy, and addressing it requires gathering evidence that undermines any claim of significant claimant responsibility while emphasizing the defendant’s conduct. Establishing eyewitness accounts, surveillance, maintenance records, or official reports that show the other party’s role helps limit the application of comparative negligence and maintain a stronger position during settlement talks or in court.

Should I accept the insurance companys first settlement offer?

Insurance companies may present an early settlement offer that appears convenient, but accepting a first offer without fully assessing current and future medical needs can leave claimants undercompensated for ongoing care or long term effects. Evaluating any offer requires reviewing medical prognoses, likely rehabilitation or therapy needs, potential lost earnings or vocational limitations, and other non-economic impacts such as changes to family roles and daily activities. A careful analysis helps determine whether the offer fairly addresses both immediate expenses and projected long term consequences of the brain injury. When considering an offer, it is important to confirm that all bills and future care needs are accounted for and to understand any release language that accompanies the payment. Negotiating from an informed position typically produces better outcomes than rushing to accept an early offer, and having assistance to quantify future damages and review settlement terms helps protect against unintended waivers of important rights.

What kinds of medical records and evaluations are important?

Key medical records for a traumatic brain injury claim include emergency department notes, hospitalization records, physician progress notes, imaging reports such as CT or MRI, therapy and rehabilitation documentation, neuropsychological evaluations, and any prescriptions related to treating the injury. These records should show the timing of treatment, diagnostic findings, symptom descriptions, recommended therapies, and functional limitations, and they create the medical foundation for establishing causation and quantifying damages. Consistent longitudinal records that reflect symptom progression and treatment response are particularly valuable when symptoms evolve over time. Beyond clinical documents, collateral materials such as employer records showing lost time, caregiver statements describing changes in daily living, and receipts for related expenses strengthen the claim by documenting the injury’s practical effects. When gaps in the record exist, arranging additional evaluations or testing can help fill evidentiary needs and present a complete picture of the injury and its consequences during settlement or trial preparation.

Can a mild concussion lead to long term problems?

A mild concussion can lead to persistent symptoms for weeks or months in some individuals, and in certain situations cognitive, emotional, or physical effects may last substantially longer and affect work and daily activities. Even when a diagnosis is categorized as mild, thorough follow-up and documentation of ongoing symptoms and functional limitations are essential to ensure appropriate treatment and to support claims for compensation for continued medical needs and lost income. Ongoing monitoring helps identify lingering deficits that may require rehabilitation or accommodations. Because outcomes vary, early evaluation and consistent recordkeeping are important to document any prolonged effects and to inform decisions about treatment and benefits. If symptoms persist, additional clinical assessments or neuropsychological testing can provide objective information about deficits, which can be critical in establishing the need for further care and in valuing losses for legal or insurance purposes.

How can an attorney help with a claim while I focus on recovery?

An attorney can help organize medical and employment documentation, preserve evidence, and communicate with insurers so that you can concentrate on recovery while the legal process proceeds. By evaluating the strength of a claim and coordinating necessary medical assessments or vocational evaluations, an attorney helps ensure that demands for compensation address both current bills and anticipated future needs, and also helps navigate procedural deadlines and notice requirements that might otherwise be overlooked. This organizational support reduces stress and clarifies the options available for resolution. Legal representation also provides advocacy during negotiations and, if necessary, trial preparation, which can influence the willingness of insurers to offer fair settlements without protracted litigation. An attorney can explain the likely range of outcomes, assist in weighing settlement offers against projected future costs, and pursue discovery and evidence development when disputes about liability or damages arise, all while keeping clients informed so they can make timely, informed decisions.

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