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 Lewiston, NY

Compassionate TBI Representation

Comprehensive Traumatic Brain Injury Legal Guidance

If you or a loved one suffered a traumatic brain injury in Lewiston, you face medical, financial, and emotional challenges that can last for years. At the Ahearne Law Firm PLLC, our approach focuses on helping people navigate insurance claims, hospital bills, and recovery planning while pursuing fair compensation when another party’s negligence caused the injury. We represent clients throughout Niagara County and New York, working to secure resources for medical care, rehabilitation, and family support. This page explains how traumatic brain injury claims typically proceed and what to expect from the legal process in your community.

Traumatic brain injuries vary widely in severity and long-term impact, from concussions that resolve over time to injuries with lasting cognitive, emotional, and physical impairments. Understanding your rights, documenting symptoms and treatment, and preserving evidence are essential early steps. Allan J. Ahearne, Jr. and the team at Ahearne Law Firm PLLC can guide you through reporting procedures, insurance negotiations, and, if necessary, litigation in New York courts. We aim to translate complex medical and legal issues into clear next steps so you and your family can focus on recovery and planning for the future.

Why Legal Help Matters After a Traumatic Brain Injury

When a traumatic brain injury occurs because of someone else’s actions, prompt legal action helps preserve evidence and protect your right to compensation for medical care, lost wages, and rehabilitation. A careful legal approach can identify responsible parties, evaluate insurance coverage, and coordinate with medical providers to document the full scope of injuries and expected ongoing needs. Skilled representation helps level the playing field with insurance companies and institutional defendants, pursuing fair settlements or court awards that address both present costs and anticipated future care requirements. Legal assistance also relieves families from procedural burdens so they can concentrate on healing and planning.

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

Ahearne Law Firm PLLC serves clients across the Hudson Valley and Western New York, including Lewiston and Niagara County. Allan J. Ahearne, Jr. handles personal injury matters with attention to case-specific details, focusing on thorough investigation and clear client communication. The firm coordinates with medical professionals, accident reconstructionists, and other resources to build a complete record of an injury’s cause and consequences. From initial consultations through settlement negotiations or trial, clients receive direct, practical guidance tailored to their situation, with a focus on restoring stability and pursuing the financial recovery necessary for ongoing care.

Understanding Traumatic Brain Injury Claims

Traumatic brain injury claims involve establishing how the injury occurred, documenting medical treatment and functional limitations, and showing that another party’s negligence or wrongful conduct caused the harm. Medical records, imaging studies, witness statements, and accident reports all play a role in creating a persuasive claim. Because symptoms may evolve over time, attorneys often track ongoing treatment and rehabilitation to ensure all future medical needs are considered. The legal team also evaluates potential sources of recovery, including automobile insurers, property owners, employers, and governmental entities where applicable, to determine the best route for compensation.

The dynamics of traumatic brain injury cases can be complex because symptoms may be subtle, delayed, or vary widely between individuals. Cognitive changes, memory difficulties, mood shifts, and physical impairments should be thoroughly documented by qualified medical professionals to link those impairments to the incident. Legal claims commonly include damages for medical bills, diminished earning capacity, pain and suffering, and the cost of long-term care or cognitive therapy. Timely legal engagement helps preserve evidence and keeps insurance deadlines and statute of limitations from undermining a claim, enabling a fuller recovery plan to be pursued.

Need More Information?

Key Terms and Simple Definitions for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury is injury to the brain caused by an external force, such as a blow to the head, a sudden jolt, or penetration by an object. Symptoms may include headaches, confusion, memory loss, sensitivity to light or sound, mood changes, and impaired concentration. Medical providers diagnose severity through clinical exams, imaging, and cognitive testing, while treatment can range from rest and monitoring to intensive rehabilitation. Establishing a clear connection between the incident and symptoms is important in legal claims for compensation and care.

Concussion

A concussion is a form of mild traumatic brain injury often resulting from a sudden impact or rapid movement of the head. Symptoms can be immediate or develop over days and may include dizziness, confusion, headaches, and trouble concentrating. Although many people recover fully, some experience prolonged symptoms that affect daily life and work. Medical documentation of initial assessment and follow-up care is important to demonstrate the extent and duration of symptoms when pursuing insurance claims or legal recovery.

Diffuse Axonal Injury

Diffuse axonal injury refers to widespread damage to nerve fibers in the brain, usually from violent rotation or acceleration of the head. It can cause loss of consciousness, cognitive deficits, and long-term functional impairment. Diagnosis may rely on clinical findings and advanced imaging, and the recovery trajectory is often prolonged and uncertain. Legal claims for this injury type typically address extensive medical needs, long-term care planning, and compensation for reduced quality of life and earning potential.

Neurocognitive Evaluation

A neurocognitive evaluation is an assessment performed by medical providers to measure memory, attention, language, problem solving, and other brain functions. These evaluations help document injury-related deficits, track improvement over time, and support treatment planning. In legal contexts, objective testing results can demonstrate the scope of impairment and the need for ongoing rehabilitation or supportive services, strengthening claims for damages tied to cognitive limitations.

PRO TIPS

Seek Immediate Medical Attention and Document Care

After any head injury, seek medical evaluation promptly and follow recommended treatment and follow-up appointments. Keep copies of all medical records, imaging reports, and notes from health care visits to establish a clear timeline of diagnosis and care. Detailed documentation strengthens insurance claims and any legal action by showing consistent treatment and the progression of symptoms over time.

Preserve Evidence and Gather Witness Information

Collect police reports, incident reports, photographs, and contact information for witnesses as soon as possible following the event. Preserve personal items, damaged property, and any relevant digital records that reflect the incident or its aftermath. Prompt evidence gathering helps recreate the circumstances that caused the injury and supports claims for liability and damages.

Track Symptoms and Daily Impact

Maintain a daily journal recording symptoms, cognitive changes, mood fluctuations, and limitations on work or daily activities after a brain injury. Note how symptoms affect your ability to perform tasks, care for family members, or maintain employment, and share this information with treating clinicians. Consistent symptom records provide a clear account of ongoing challenges and assist in calculating the full extent of damages during settlement or litigation.

Comparing Legal Approaches for TBI Claims

When a Comprehensive Legal Approach Is Appropriate:

Complex Medical Needs and Long-Term Care

Comprehensive legal representation is often necessary when injuries require ongoing medical treatment, rehabilitation, or long-term care planning. A full approach coordinates medical evaluations, life-care planning, and economic analysis to estimate future needs. This broader strategy helps ensure settlements or verdicts account for both present and anticipated expenses linked to the injury.

Multiple Liable Parties or Insurance Issues

When multiple parties or complex insurance coverage are involved, a comprehensive approach evaluates all avenues for recovery and negotiates strategically with insurers and opposing counsel. Investigative resources may be needed to establish fault and uncover relevant policies. This careful handling aims to maximize the total recovery available to cover medical care and related losses.

When a Limited or Focused Approach May Suffice:

Minor Injuries with Quick Recovery

A limited legal approach can be appropriate when symptoms are mild and recovery is swift, with medical costs and lost wages well documented and modest in amount. Simple claims may resolve through direct negotiations with insurers without extensive investigation. Even in these cases, legal review helps ensure settlements fairly reflect all documented losses.

Clear Liability and Straightforward Coverage

If liability is obvious and insurance coverage is straightforward, a targeted negotiation can often secure appropriate compensation efficiently. The focus in such cases is on presenting clear medical records and proof of economic loss to obtain a fair settlement. Legal input remains valuable to confirm that all damages are accounted for before agreement.

Common Situations That Lead to Traumatic Brain Injuries

Motor Vehicle Collisions

Vehicle crashes are a leading cause of traumatic brain injuries and can include impacts from cars, motorcycles, and pedestrians struck by vehicles. Rapid deceleration, head strikes, and direct blows to the skull during collisions frequently result in cognitive and physical injuries requiring medical and legal attention.

Slips, Trips, and Falls

Falls on uneven surfaces, wet floors, or poorly maintained properties can cause head trauma, especially among older adults and workers on the job. Property owners and employers may be responsible when negligence contributes to unsafe conditions leading to injury.

Workplace and Construction Accidents

Work-related incidents, including falls from heights, struck-by events, and equipment failures, can cause serious brain injuries and complex claims involving workers’ compensation and third-party liability. Proper investigation is needed to determine available avenues for recovery beyond employer benefits.

Lewiston Traumatic Brain Injury Attorney — Serving Niagara County

Why Choose Ahearne Law Firm PLLC for TBI Claims

Ahearne Law Firm PLLC provides clients in Lewiston and surrounding communities with attentive representation focused on documenting injuries, coordinating medical evidence, and pursuing appropriate compensation. Allan J. Ahearne, Jr. works with medical providers and other professionals to create a clear record of injury impact and probable future needs. The firm emphasizes straightforward communication so clients understand their options at each stage of the claim process and can make informed decisions about settlement, litigation, and care planning.

From initial investigation through resolution, the firm pursues recoveries that address medical expenses, lost income, rehabilitation, and the personal toll of traumatic brain injury. Legal advocacy includes negotiating with insurers, preparing demands supported by medical and economic evidence, and taking cases to court when necessary to protect client interests. The goal is to secure financial resources that help families access treatment and stabilize their lives after a life-altering event.

Call Now to Discuss Your TBI Case in Lewiston

People Also Search For

Lewiston traumatic brain injury attorney

Niagara County TBI lawyer

traumatic brain injury claim New York

concussion legal help Lewiston

TBI compensation Niagara County

personal injury attorney Lewiston NY

brain injury settlement New York

Ahearne Law Firm TBI claims

FAQS

What should I do immediately after a head injury in Lewiston?

Seek immediate medical attention and follow all recommended diagnostic steps, including imaging and observation when advised. Prompt treatment helps protect your health and creates an essential medical record linking the incident to your symptoms, which is important if you pursue insurance or legal claims later. Document the scene if possible, gather witness contact information, and preserve any evidence such as clothing or damaged items. Report the incident to the appropriate parties, keep copies of all medical records, and contact legal counsel early to ensure deadlines and evidence preservation are handled correctly.

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

New York has a statute of limitations that sets deadlines for filing personal injury lawsuits, and those time limits vary depending on the type of claim and defendants involved. Filing within the applicable period is necessary to preserve your right to sue, so early legal consultation is important to determine the exact timeframe for your case. Certain circumstances, such as claims against governmental entities, may impose shorter notice requirements. Consulting with an attorney promptly helps identify the deadlines that apply, allows for timely evidence preservation, and prevents inadvertent forfeiture of legal rights due to missed time limits.

Will insurance cover long-term care for a traumatic brain injury?

Insurance coverage for long-term care depends on the policies involved, including automobile liability, homeowners, employer insurance, or private long-term care policies. Some policies may cover ongoing rehabilitation or attendant care if the insurer accepts liability and the treatment is documented as necessary by medical professionals. When coverage is limited or denied, legal claims may seek compensation for future care needs through a settlement or verdict. A careful review of available policies and documentation of medical needs helps determine the best route to secure funding for long-term services.

How is fault determined in a TBI case after a car accident?

Fault is established by examining evidence such as police reports, witness statements, traffic citations, vehicle damage, and reconstruction analysis when necessary. Medical records demonstrating the timing and nature of injuries also support causation by linking the collision to the symptoms you experienced. Liability may be shared among parties, and New York’s comparative fault rules can affect recovery. A thorough investigation and clear presentation of evidence are essential to demonstrate another party’s negligence and its role in causing your traumatic brain injury.

Can I pursue a claim if symptoms appear days or weeks later?

Yes. Many traumatic brain injury symptoms can be delayed or evolve over days to weeks after an incident, so delayed onset does not necessarily preclude a claim. It is important to obtain medical evaluation as soon as symptoms appear and to document the timeline and medical findings linking the symptoms to the original event. Early reporting to medical providers and legal counsel is still beneficial because evidence from the scene and immediate aftermath may be lost over time. Prompt action helps preserve witness accounts, surveillance footage, and other materials that can corroborate your claim.

What types of damages are available in a TBI lawsuit?

Damages in TBI cases commonly include past and future medical expenses, lost wages, diminished earning capacity, and compensation for pain and suffering or loss of enjoyment of life. When injuries cause long-term care needs, claims can also seek compensation for rehabilitation, in-home care, and necessary household modifications. Accurate assessment of future needs often relies on medical and economic evaluations to estimate ongoing costs. Demonstrating both the financial and non-economic impact of the injury supports a comprehensive recovery that addresses the full scope of the harm.

Do I need to see a specialist for a TBI diagnosis?

A diagnosis and treatment plan from a qualified medical provider familiar with brain injuries helps establish the nature and extent of impairment. Neurocognitive testing, imaging, and follow-up observations by physicians or neurologists provide objective documentation of deficits and recovery patterns that are important for claims. Legal claims often rely on these medical records to support causation and quantify damages, so timely and consistent medical care is essential. If your treating clinician recommends additional evaluations, following those referrals strengthens the record for both treatment and any legal pursuit.

How long do TBI cases usually take to resolve?

The timeline for resolution depends on factors such as the complexity of the injury, the clarity of liability, insurance responsiveness, and whether the case settles or proceeds to trial. Some claims resolve within months when liability and damages are straightforward, while complex cases involving long-term care estimates or contested fault may take years to conclude. Ongoing communication with legal counsel helps clients understand likely timelines and the steps needed to move a case forward. The priority is obtaining a fair recovery that addresses both present and future needs rather than rushing to a premature settlement.

What evidence is most important in a traumatic brain injury claim?

Key evidence includes medical records and imaging studies showing diagnosis and treatment, witness statements, police or incident reports, photographs of the scene or injuries, and documentation of lost wages and expenses. Consistent medical follow-up and objective testing results are particularly important to demonstrate ongoing impairment. Preserving physical evidence, gathering witness information promptly, and obtaining expert medical assessments when necessary all strengthen a claim. Timely legal involvement ensures that evidence collection is coordinated and that critical materials are not lost or degraded over time.

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

Ahearne Law Firm PLLC can help by reviewing your medical records and incident details, identifying responsible parties and insurance sources, and coordinating with medical and economic professionals to document care needs and damages. The firm handles negotiations with insurers and prepares claims designed to secure the compensation necessary for treatment and recovery planning. From filing required notices through trial preparation if needed, the firm supports clients through each stage of the process while keeping communication clear and focused on client needs. Early contact allows the firm to preserve evidence, meet legal deadlines, and pursue the best possible outcome given the facts of the case.

Personal Injury Services in Lewiston

Explore our injury practice areas

⚖️ All Personal Injury Services