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) Lawyer in Harriman, NY

Harriman TBI Claims

Guide to Traumatic Brain Injury Claims

Sustaining a traumatic brain injury in Harriman can change daily life in an instant, creating medical, emotional, and financial challenges that may last for months or years. At The Ahearne Law Firm in the Hudson Valley, we focus on helping people who have been hurt through accidents that cause head trauma and cognitive impairment. This guide explains how TBI claims typically proceed, what evidence matters most, and how to preserve your legal rights while you recover and seek treatment. If you or a loved one is coping with persistent symptoms after a head injury, learning the legal steps now can protect your ability to pursue fair compensation and ongoing care.

Traumatic brain injuries range from mild concussions to life-altering injuries that affect memory, concentration, balance, and personality. Even injuries that appear minor at first can develop long-term consequences, including ongoing headaches, sleep disruption, and cognitive decline. Understanding how medical records, witness statements, accident reports, and expert medical opinions work together is important for building a claim. Ahearne Law Firm PLLC serves clients across Orange County and the Hudson Valley and can explain how the law applies to your situation, what evidence to gather early, and what to expect during settlement discussions or litigation in New York courts.

Benefits of Focused Representation for TBI Claims

Pursuing a traumatic brain injury claim is about more than recovering medical bills; it is about obtaining the resources needed for treatment, rehabilitation, and adjustments to everyday life. A focused legal approach can help preserve important medical documentation, coordinate with treating clinicians, and develop a chronology that shows how the injury has affected work and relationships. In cases with ongoing symptoms, securing compensation can fund therapies, adaptive equipment, and in-home care if necessary. The process also helps hold responsible parties accountable, which can be an important part of emotional recovery for many families in Harriman and throughout the Hudson Valley.

Ahearne Law Firm in Harriman and Its Approach

The Ahearne Law Firm PLLC, led by Allan J. Ahearne, Jr., assists clients with personal injury matters throughout Orange County and the Hudson Valley. The firm concentrates on helping people injured by accidents that result in head trauma and related conditions, working to gather the medical documentation and investigative materials that support a strong claim. The team communicates with treating providers, manages correspondence with insurers, and explains legal options tailored to each person’s recovery needs. Clients are guided through each step so they can focus on healing while the firm addresses the legal and procedural aspects of their case.

Understanding Traumatic Brain Injury Claims in New York

A traumatic brain injury claim typically requires showing how an accident caused the injury, documenting medical treatment and ongoing limitations, and demonstrating the impact on daily life and earning capacity. In New York personal injury cases, establishing negligence often involves proving that another party failed to exercise reasonable care and that this failure led to the injury. Medical records, imaging studies, physician notes, and testimony from treating clinicians and lay witnesses are commonly used to connect the accident to symptoms. Gathering this evidence early, including contemporaneous symptom notes and emergency department records, strengthens a claim and helps the injured person obtain appropriate compensation for past and future needs.

Diagnosing a traumatic brain injury can involve a combination of neurologic exams, cognitive testing, neuroimaging, and ongoing observation of symptoms. Insurance adjusters often review the breadth of medical documentation and may dispute subjective symptoms, which makes consistent, detailed medical records especially important. It is also common to account for rehabilitation needs such as physical therapy, occupational therapy, speech therapy, and mental health treatment when calculating damages. Understanding how medical evidence and expert opinion are used in New York claims helps injured individuals make informed choices about treatment and the timing of legal steps while preserving the right to full compensation.

Need More Information?

Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury refers to any injury to the brain caused by an external physical force such as a blow to the head, acceleration-deceleration events, or penetration of the skull. Symptoms can vary widely and may include headaches, dizziness, difficulty concentrating, memory problems, mood changes, and sensory disturbances. Diagnosis may rely on neurological evaluation, cognitive testing, and imaging studies, and treatment can include rest, medication, therapy, and ongoing rehabilitation. In the context of a legal claim, linking the TBI to the accident and documenting the injury’s effects on daily life and work performance is essential to establishing compensable losses.

Concussion

A concussion is a form of mild traumatic brain injury that affects brain function temporarily and can produce symptoms such as headache, confusion, memory loss around the event, and sensitivity to light or noise. Even when symptoms are labeled mild, they can persist for weeks or months and interfere with work, school, and family responsibilities. Medical follow-up, gradual return-to-activity protocols, and symptom management are common components of care. For legal purposes, documenting the initial incident, clinical findings, and any lingering effects helps show the real-world impact of a concussion on an injured person’s life and finances.

Subdural Hematoma

A subdural hematoma is a collection of blood between the brain and its outermost covering that can result from head trauma and may cause increased pressure on brain tissue. Symptoms can include severe headache, nausea, weakness on one side of the body, altered consciousness, and cognitive changes. Treatment ranges from monitoring to surgical intervention depending on size and progression. In claims involving a subdural hematoma, imaging studies, neurosurgical reports, and documentation of functional limitations are important to demonstrate the severity of injury and the associated medical and rehabilitative needs.

Post-Concussion Syndrome

Post-concussion syndrome describes persistent symptoms following a concussion that last beyond the expected recovery period and can include headaches, cognitive difficulties, mood disturbances, and sleep problems. This syndrome can affect daily functioning and the ability to work or participate in social activities. Treating providers may recommend a combination of medical care, cognitive rehabilitation, and symptom-focused therapies. In legal claims, showing a pattern of ongoing treatment and how symptoms have limited activities over time helps establish the long-term consequences that should be reflected in a settlement or court award.

PRO TIPS

Document Symptoms Immediately

After a head injury, start documenting symptoms as soon as you can, noting when each symptom first appeared and how it affects daily activities, work, and personal relationships; this contemporaneous record can be valuable evidence in a claim. Keep a daily symptom journal that includes sleep patterns, headaches, memory lapses, and any cognitive or emotional changes, and share those notes with medical providers so they become part of the medical record. Detailed documentation helps create a clear timeline and supports efforts to obtain compensation for medical care, rehabilitation, and ongoing support when necessary.

Preserve Medical Records

Obtain and preserve copies of all medical records, imaging reports, treatment notes, and billing statements related to the head injury, because these documents form the backbone of a TBI claim. Ask treating clinicians for written summaries of diagnoses, recommended therapies, and expected long-term needs so that the record reflects the full scope of care and recovery timelines. Organized medical documentation ensures that the connection between the accident and the injury is clear and helps when calculating past and future medical expenses during settlement negotiations or litigation.

Avoid Early Settlements

Avoid agreeing to an early settlement before you fully understand the extent of the injury and whether symptoms will persist, because accepting an offer too soon can limit your ability to recover compensation for ongoing needs. Insurance companies may propose quick resolutions that do not account for long-term care, rehabilitation, or lost earning capacity resulting from a TBI, so allow time for medical evaluations and follow-up care to reveal the full impact. Taking a measured approach helps ensure any resolution reflects both current and anticipated future losses connected to the injury.

Comparing Legal Options for TBI Cases

Why a Comprehensive Approach Helps:

Severe and Complex Injuries

When an injury involves significant neurological damage, lengthy hospitalization, or surgical treatment, a comprehensive legal approach can ensure all medical, rehabilitative, and future care needs are documented and valued in a claim, providing a clearer picture of long-term costs. Complex injuries often involve multiple providers and a mix of medical records that must be coordinated to show the full extent of harm and its effect on daily life and employment. A broad approach also helps identify third-party liability, supplemental benefits, and potential sources of compensation to address life changes caused by serious brain injury.

Multiple Liability Sources

Cases involving multiple potential sources of liability, such as multi-vehicle accidents, property defects, or worksite hazards, benefit from a comprehensive strategy that investigates each possible responsible party and preserves the necessary evidence from each scene. Coordinating information from different insurers and identifying all applicable coverage options can increase the likelihood of recovering full compensation for medical care, lost income, and non-economic harms. A thorough approach also helps prevent important claims from being overlooked and supports fair allocation of responsibility among liable parties.

When a More Limited Approach May Be Appropriate:

Minor Concussion with Short Recovery

A narrower approach can be reasonable when a concussion results in short-term symptoms that fully resolve with minimal treatment and there is clear liability and limited financial loss, allowing a prompt resolution without prolonged investigation. In such circumstances, focusing on immediate medical documentation and a concise damages assessment may be sufficient to reach an appropriate settlement. However, even when symptoms seem mild at first, continue medical follow-up to confirm recovery and ensure that late-developing issues are not overlooked before finalizing any agreement.

Clear Liability and Low Damages

If liability is undisputed and the total medical bills and wage losses are limited, pursuing a straightforward claim may be efficient, allowing injured individuals to recover compensation without extended legal proceedings. This route often relies on clear documentation of immediate treatment and a focused negotiation with the insurer based on verifiable costs. Even in these cases, protecting the right to reopen the record for later-emerging conditions is important, so preserving medical records and maintaining follow-up care remains advisable until full recovery is confirmed.

Common Circumstances That Lead to Traumatic Brain Injuries

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries when sudden impact causes the head to strike an interior surface or when rapid acceleration-deceleration forces jolt the brain, potentially producing concussive symptoms or more serious injury; medical evaluation should follow any head impact even when symptoms are delayed. Documentation including police reports, vehicle damage photos, witness statements, and emergency medical records helps establish how the collision occurred and connects the incident to the resulting brain injury, supporting later claims for medical care, rehabilitation, and other losses.

Slip, Trip, and Fall Incidents

Slip, trip, and fall incidents on uneven sidewalks, wet floors, or poorly maintained premises can cause direct blows to the head or indirect brain injury through abrupt falls, and timely medical records showing diagnosis and treatment help link the fall to ongoing symptoms and limitations. In premises liability situations, investigating the property conditions, signage, and maintenance history, along with obtaining photographs and witness accounts, is important for establishing responsibility and pursuing compensation for medical and non-medical losses.

Workplace and Recreational Accidents

Workplace injuries and recreational accidents, such as falls from heights, sports collisions, or industrial incidents, often result in head trauma that requires immediate evaluation and long-term follow-up to address cognitive and functional effects; employers’ incident reports and safety records can be key evidence in these matters. Coordinating workers’ compensation benefits with third-party claims where applicable and documenting the full extent of care and recovery needs helps ensure injured individuals receive necessary medical services and fair financial recovery.

Harriman Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for Your TBI Claim

Choosing legal assistance after a traumatic brain injury means selecting a firm that will prioritize clear communication, careful documentation, and diligent handling of medical records and insurer negotiations. Ahearne Law Firm PLLC represents clients throughout Orange County and the Hudson Valley, helping injured people and families navigate the complexities of TBI claims in New York. The firm focuses on gathering the evidence necessary to show how an injury affects daily life and employment, coordinating with treating providers, and making sure claims reflect past and anticipated needs related to recovery and long-term care.

From the first consultation through settlement or trial, the firm works to explain legal options, deadlines, and practical next steps so clients can make informed decisions while they recover. The team helps manage communications with insurers, requests and reviews medical records, and prepares clear presentations of damages that include medical expenses, lost wages, and non-economic harms like pain and diminished quality of life. Contacting the firm early after an injury helps preserve evidence and creates a structured plan to pursue fair results for injured individuals and their families in Harriman and beyond.

Contact Ahearne Law Firm to Discuss Your Case

People Also Search For

Traumatic Brain Injury lawyer Harriman

TBI attorney Harriman NY

Harriman personal injury TBI

New York traumatic brain injury claim

Hudson Valley TBI lawyer

Ahearne Law Firm traumatic brain injury

Allan J. Ahearne, Jr. TBI attorney

Harriman head injury attorney

FAQS

What symptoms should I watch for after a head injury?

Many people experience a range of symptoms after a head injury, including headaches, dizziness, difficulty concentrating, memory lapses, sensitivity to light or noise, mood changes, sleep disturbances, and balance problems; tracking these symptoms from the first days and weeks helps medical providers assess recovery and supports later documentation for a claim. Even symptoms that seem mild initially can persist or fluctuate, so documenting their onset, severity, and effects on daily tasks and work responsibilities creates a clearer record for both treatment and legal purposes. If you notice cognitive changes, worsening headaches, persistent nausea, loss of consciousness, or any new neurological signs, seek medical evaluation promptly to rule out serious injury; contemporaneous medical records and diagnostic imaging are often key to establishing a causal link between the accident and later symptoms when pursuing compensation. Timely treatment not only protects health but also helps preserve evidence that supports claims for past and future medical care and related losses.

How soon should I seek medical attention following a suspected TBI?

You should seek medical attention as soon as possible after a suspected traumatic brain injury to document symptoms, receive appropriate treatment, and establish an early medical record that links the injury to the incident; emergency care may be necessary for severe symptoms such as loss of consciousness, repeated vomiting, or clear neurological deficits. Early assessment often includes a neurological exam, cognitive screening, and, when indicated, imaging studies that can detect bleeding or structural injury needing urgent care. Even if symptoms are subtle at first, follow-up with a primary care physician, neurologist, or concussion clinic provides ongoing evaluation and helps identify any delayed or persistent symptoms that require treatment. Timely medical records and diagnostic documentation are important not only for health reasons but also for legal claims, as they make it more straightforward to demonstrate when symptoms began and how they progressed over time.

Can I pursue a claim if symptoms appeared days or weeks after the accident?

Yes, a claim can often be pursued when symptoms develop days or weeks after the accident, but documenting the sequence and the medical assessments that show a connection between the incident and the later symptoms is important to support the claim. Many traumatic brain injuries present delayed symptoms, and medical records that reflect the patient’s timeline, diagnostic findings, and treating clinicians’ opinions help establish causation in New York claims. Because delay in symptom onset can complicate the evidentiary picture, preserving all records, maintaining a symptom diary, and seeking regular medical follow-up strengthens the case by creating a continuous narrative of treatment and reporting. Prompt legal consultation also helps identify what additional documentation or expert input may be needed to tie the symptoms to the accident and to address insurer inquiries effectively.

What types of compensation can be recovered in a TBI case?

Compensation in a traumatic brain injury case can include reimbursement for past and future medical expenses such as emergency care, hospital stays, surgeries, rehabilitation services, medications, and assistive devices, as well as reimbursement for out-of-pocket costs related to treatment and recovery. Damages may also include compensation for lost wages, diminished earning capacity when a person cannot return to the same job, and the cost of vocational rehabilitation if career changes are necessary due to cognitive or physical limitations. Non-economic damages may compensate for pain and suffering, loss of enjoyment of life, and emotional distress caused by the injury, and in certain cases, families may seek recovery for loss of consortium or the impact on household services. Accurately valuing these categories requires detailed documentation of medical care, functional limitations, and the overall effect on daily living and relationships, which should be gathered during treatment and evaluation.

How long does it take to resolve a traumatic brain injury claim in New York?

The time to resolve a traumatic brain injury claim in New York varies widely depending on injury severity, the complexity of liability issues, the need for long-term medical evidence, and whether the case settles or proceeds to trial, with some matters resolving within months and others taking several years to reach final resolution. Cases involving significant ongoing treatment, disputed causation, or multiple responsible parties often require longer timelines to develop the medical and factual record necessary to support full compensation for future needs. Pursuing a careful approach that allows time for recovery and for doctors to project future care needs can produce stronger outcomes, but it may extend the resolution timeline. Early communication with insurers, systematic collection of records, and clear documentation of functional impacts can help move a claim forward efficiently while ensuring that recoveries reflect both current and anticipated long-term consequences of the injury.

Will my pre-existing conditions affect my TBI claim?

Pre-existing medical conditions can affect a TBI claim because insurers may argue that some symptoms are attributable to an earlier issue rather than the accident, but New York law typically recognizes that a liable party takes an injured person as they are, meaning that if an accident worsens a pre-existing condition, the aggravation is recoverable. Medical records that clearly differentiate between prior baseline functioning and new or worsened symptoms after the incident are important to show how the accident changed the person’s health and needs. Documenting baseline functioning, prior medical history, and the trajectory of decline or new symptoms following the accident helps demonstrate the causal connection and the additional damages caused by the incident. Working with treating providers to obtain explicit treatment notes that describe changes related to the accident strengthens the ability to recover compensation for the aggravation of any pre-existing condition.

What evidence is most important in proving a TBI claim?

The most important evidence in proving a TBI claim includes detailed medical records, diagnostic imaging reports, treating clinician notes, and documentation of rehabilitation needs, because these materials establish both the diagnosis and the practical effects of the injury on daily life and work. Police reports, witness statements, photos from the scene, and employer records showing lost time or altered duties can further connect the accident to the injury and demonstrate its consequences for income and household duties. A contemporaneous symptom diary, statements from family members about changes in behavior or functioning, and clear billing records for medical care and therapy help quantify damages. In more complex cases, medical opinions that explain how the accident produced the injury and project future care requirements can be necessary to support claims for long-term needs and diminished earning capacity.

Should I give a recorded statement to the insurance company?

Insurance companies often request recorded statements early in the claims process, but providing a recorded statement without careful preparation can create opportunities for misinterpretation or for statements to be used against you later; it is generally advisable to consult about how to respond to such requests and whether to provide a statement at all. Declining or postponing a recorded statement while medical records are being collected and a clear understanding of the symptoms and timeline is established can protect an injured person from inadvertently weakening their case. If a statement is given, focus on factual descriptions of the incident, symptoms, and treatment dates, avoiding speculation or detailed explanations of how symptoms will affect the future; consult with a legal professional if you are unsure how to answer questions or if the insurer’s questions become argumentative. Careful handling of communications with insurers supports a clearer presentation of the claim and minimizes the risk of statements being taken out of context.

Can family members recover damages for changes in a loved one after a TBI?

Family members may be able to recover damages for the effects a traumatic brain injury has on household relationships and support services, such as loss of consortium or for additional caregiving responsibilities that arise when a loved one’s cognitive or physical abilities are diminished. Documentation of changes in family roles, increased caregiving tasks, and how the injury has altered the injured person’s participation in family life can support claims related to the broader impact on relatives and partners. In some cases, family members’ own expenses and lost time caring for the injured person may be recoverable, and clear records of those efforts and costs are important when presenting the full picture of the injury’s consequences. Discussing these concerns early with a legal advisor can help identify which family-related damages are available under New York law and how to document them effectively for recovery.

How does the statute of limitations affect my ability to file a claim?

In New York, the statute of limitations for most personal injury claims requires that a lawsuit be filed within three years from the date of the accident, although there are exceptions and specific rules that may shorten or extend deadlines depending on the circumstances; preserving your right to file within the applicable period is important to avoid losing your claim. Timely steps such as obtaining medical treatment, documenting the incident, and consulting about legal options help ensure important deadlines are met and that evidence is preserved while a claim is developed. Because different rules can apply to claims against municipalities, state entities, or in situations involving minors or delayed discovery of injury, it is important to consult promptly to determine the precise filing deadline for your case. Early consultation helps clarify deadlines, coordinate evidence collection, and, where appropriate, present timely notice to entities that require additional procedural steps before litigation may proceed.

Personal Injury Services in Harriman

Explore our injury practice areas

⚖️ All Personal Injury Services