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 Highland Mills, NY

Protect Your Recovery

Personal Injury Representation for Traumatic Brain Injury

A traumatic brain injury (TBI) can change daily life in an instant, creating medical, financial, and emotional challenges for survivors and their families. When a TBI results from another party’s negligence, pursuing a personal injury claim can help secure compensation for medical care, lost income, and ongoing support needs. At The Ahearne Law Firm PLLC in Highland Mills, we focus on helping clients in the Hudson Valley navigate complex injury claims and pursue fair outcomes. Allan J. Ahearne, Jr. and the firm work with medical professionals and other partners to gather documentation, explain options, and advocate for clients throughout the legal process.

If you or a loved one suffered a TBI in Highland Mills, prompt action matters for both health and legal rights. Seeking medical care right away, documenting treatment, and preserving accident details are important early steps. The Ahearne Law Firm PLLC assists clients across Orange County and surrounding New York communities by investigating liability, assembling medical records, and communicating with insurers. We provide a careful, client-centered approach to claims, and we welcome a confidential conversation to review the facts and discuss potential next steps. Call our office at (845) 986-2777 to schedule a consultation and learn how we can help protect your recovery.

Why Legal Representation Matters After a Traumatic Brain Injury

Pursuing a legal claim after a traumatic brain injury helps injured individuals address immediate and long-term needs that arise from the injury. Legal representation can assist with obtaining complete medical records, calculating past and anticipated future expenses, and presenting that information to insurance companies and opposing parties. A coordinated claim can seek compensation for medical treatment, rehabilitation, lost wages, diminished earning capacity, and non‑economic losses such as pain and suffering. Having a focused advocate handle the details of negotiations and, if needed, litigation, helps preserve evidence, meet procedural deadlines, and pursue a recovery that reflects the full scope of the harm suffered.

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

The Ahearne Law Firm PLLC serves clients in Highland Mills, Orange County, and the broader Hudson Valley with a focus on personal injury matters, including traumatic brain injury claims. Allan J. Ahearne, Jr. has handled a wide range of injury cases on behalf of individuals and families, guiding claim development, settlement negotiations, and courtroom advocacy where necessary. The firm emphasizes responsive communication, careful case preparation, and a practical approach to resolving disputes. Clients benefit from local knowledge of New York procedures, established relationships with medical providers, and a team committed to advancing client needs throughout the life of a claim.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury is a physical injury to the brain that can result from blows to the head, rapid acceleration or deceleration, falls, motor vehicle collisions, sports incidents, or workplace accidents. Symptoms range from brief confusion and headaches to memory loss, mood changes, cognitive impairment, and physical limitations. Because symptoms can emerge over time and vary in severity, thorough medical evaluation and ongoing documentation are essential. For legal purposes, establishing a causal link between the incident and the injury, along with detailed records of diagnosis, treatment, and functional limitations, forms the foundation of a claim seeking compensation for harms and future care needs.

A TBI claim typically requires proof of liability, medical causation, and measurable damages. Liability involves showing another party’s negligence or wrongful conduct led to the incident. Medical records, physician reports, and imaging studies support causation and show the nature and extent of injury. Damages may include current and anticipated medical costs, lost income, reduced earning capacity, and non‑economic harms like pain and diminished quality of life. Building a successful claim often requires assembling a chronological treatment history, statements from treating clinicians, and factual documentation of the accident circumstances to present a persuasive account to insurers, opposing counsel, or a judge or jury.

Need More Information?

Key Terms and Glossary for Traumatic Brain Injury Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury refers to an injury to the brain caused by an external force, such as a blow to the head, a penetrating injury, or rapid head movement in a collision. Symptoms can include cognitive difficulties, sensory changes, headaches, mood shifts, and physical impairments. A TBI may be classified as mild, moderate, or severe based on clinical findings and imaging. For legal and medical purposes, diagnosis and ongoing treatment records are central to documenting the injury, monitoring recovery, and evaluating the need for rehabilitation, adaptive services, or long‑term care planning as part of a claim for damages.

Concussion

A concussion is a type of mild traumatic brain injury that typically results from a blow to the head, a fall, or a sudden force that causes the brain to move within the skull. Symptoms often include brief loss of consciousness, confusion, memory issues, headaches, dizziness, and sensitivity to light or noise. While many people recover within weeks, some experience prolonged symptoms that affect daily functioning. Accurate documentation of the event, timely medical assessment, and follow‑up care are important both for recovery and for establishing the medical basis of a claim when the injury is linked to another party’s conduct.

Liability

Liability refers to legal responsibility for harm caused by negligent or wrongful actions. In the context of a TBI claim, establishing liability means showing that another party failed to exercise reasonable care and that this failure caused the accident and resulting injury. Evidence may include witness statements, photographs, police reports, maintenance records, and relevant safety protocols. Proving liability enables a claimant to seek compensation for economic and non‑economic losses. When liability is disputed, careful investigation and documentation are essential to clarify fault and support a claim for recovery.

Damages

Damages are the monetary awards sought in a personal injury claim to compensate for losses resulting from an injury. For a TBI, damages may cover past and future medical expenses, rehabilitation costs, lost earnings, reduced earning capacity, and non‑economic losses such as pain, suffering, and loss of enjoyment of life. Calculating damages requires a close review of medical bills, earnings records, vocational assessments, and projections for ongoing care. The goal of assessing damages is to present a comprehensive estimate of the financial and personal impact of the injury so that a claim reflects both immediate needs and long‑term consequences.

PRO TIPS

Document Symptoms and Treatment

After a traumatic brain injury, record symptoms and treatment carefully from the outset, including dates of medical visits, medications prescribed, therapy sessions, and changes in cognition or behavior. Keep copies of all medical records, imaging results, and bills, and maintain a daily journal to capture memory lapses, headaches, sleep disturbances, or emotional shifts that might not appear in clinical notes. Detailed documentation helps medical providers monitor recovery and forms essential evidence to support a claim for compensation when another party’s actions contributed to the injury.

Preserve Evidence of the Accident

Whenever possible, preserve accident scene evidence such as photographs, contact information for witnesses, police reports, and any physical items involved in the incident. Promptly collecting these materials supports a clear factual picture of how the injury occurred and who may be responsible. If surveillance footage or maintenance records might exist, note where those materials would be stored and how to request them, as retrieving such evidence early can prevent loss and strengthen a claim.

Be Careful When Communicating with Insurers

Insurance adjusters will often contact injured individuals early after an accident; it is wise to be cautious when providing recorded statements or signing releases before medical treatment is complete. Ensure that all injuries and symptoms are fully assessed and documented before accepting any settlement offers, and consider consulting with a legal representative who can review communications and advise on preserving rights. Thoughtful handling of insurer interactions helps avoid premature resolutions that may not cover ongoing care or future needs.

Comparing Legal Approaches for Traumatic Brain Injury Cases

When Full Representation Is Recommended:

Complex Injuries and Long‑Term Care Needs

Full representation is often appropriate when a traumatic brain injury has significant medical complexity or when the injured person will need ongoing rehabilitation and long‑term care planning. Cases with extended treatment, disputed medical causation, or complicated future care projections benefit from comprehensive development of medical and financial records to accurately quantify damages. A thorough approach includes coordinating with treating clinicians, obtaining vocational assessments, and preparing detailed cost estimates so that negotiations or a trial presentation reflect the full scope of both present and future needs stemming from the injury.

Disputed Liability or Insurance Denials

When liability is contested or insurers deny coverage, full representation helps protect an injured person’s rights through targeted investigation, witness interviews, and legal motions if necessary. Gathering evidence to counter defense positions and building a compelling narrative of causation and impact can be time consuming and legally intricate. In such circumstances, an engaged legal team can manage discovery, preserve crucial documents, and pursue the litigation steps required to create leverage in settlement discussions or to present a case effectively in court.

When Limited Assistance May Be Appropriate:

Minor, Well‑Documented Injuries

A limited approach may be suitable when a traumatic brain injury is minor, fully documented, and treatment is complete with minimal ongoing needs. If liability is clear and the total damages are modest, focused assistance in handling insurance forms and negotiating a reasonable settlement can be sufficient. Even with a limited approach, it is important to preserve records and confirm that future complications are addressed, because symptoms can sometimes develop later and affect the overall evaluation of damages.

Clear Liability and Straightforward Damages

When liability is unmistakable and the financial losses are limited to documented medical bills and short‑term lost wages, a more targeted legal engagement may resolve the matter efficiently. In such cases, negotiating directly with insurers using a concise package of medical records and billing documentation can lead to a timely resolution. However, it remains important to consider potential long‑term effects and consult with a legal advisor about whether a fuller investigation is warranted to protect future interests.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries when occupants strike their heads, experience abrupt acceleration or deceleration, or are exposed to penetrating impacts. These incidents often require prompt medical evaluation, careful documentation, and preservation of police reports, witness accounts, and vehicle damage evidence to support a claim for recovery of medical costs and related losses.

Falls and Slip‑and‑Fall Accidents

Falls that result from hazardous conditions such as uneven sidewalks, wet floors, or poorly maintained property can lead to head trauma and long‑term cognitive effects. Documenting the location, cause, and any property owner negligence, along with medical treatment records, is essential to establishing liability and pursuing compensation for injuries sustained in these incidents.

Workplace and Construction Incidents

On the job, accidents including falls from heights, struck‑by events, or machinery incidents can cause traumatic brain injuries that require immediate care and comprehensive documentation. Understanding workplace reporting procedures, preserving safety records, and coordinating medical care are important steps for employees seeking compensation through insurance or third‑party claims.

Highland Mills Traumatic Brain Injury Attorney

Why Choose The Ahearne Law Firm for TBI Cases

Clients in Highland Mills and throughout the Hudson Valley turn to The Ahearne Law Firm PLLC for focused attention to traumatic brain injury matters. The firm emphasizes clear communication, thorough case preparation, and personalized support for each client and family. We work to gather complete medical documentation, consult with treating clinicians, and prepare accurate assessments of economic and non‑economic losses. Our office is accessible locally, and we strive to keep clients informed about developments so they can make informed decisions about settlement offers or further legal steps.

Handling a TBI claim involves coordinating multiple elements, from medical records and billing histories to witness statements and accident investigations. The Ahearne team assists clients by assembling a full record, explaining options, and advocating for compensation that addresses both current needs and anticipated future care. Whether negotiating with insurers or proceeding to trial when necessary, our approach centers on advancing client priorities and pursuing fair compensation for the lasting impacts of a traumatic brain injury.

Contact Our Highland Mills Office Today

People Also Search For

Traumatic Brain Injury Lawyer Highland Mills

TBI Attorney Highland Mills NY

Highland Mills brain injury claim

Hudson Valley TBI attorney

Orange County traumatic brain injury lawyer

personal injury TBI Highland Mills

head injury lawyer Highland Mills

Ahearne Law Firm TBI attorney

FAQS

What should I do immediately after a suspected traumatic brain injury?

Seek immediate medical attention as the first priority when a traumatic brain injury is suspected, even if symptoms appear mild at first. Document the visit, obtain copies of diagnostic tests and medical reports, and follow medical recommendations for follow‑up care. Quick evaluation not only protects health but also creates an early medical record that links the injury to the incident. In addition to medical care, preserve evidence from the accident scene whenever possible and record details about what happened, including witness names, photographs, and police reports. Avoid admitting fault or making recorded statements to insurers until you understand the full extent of your injuries. Consulting with a legal representative can help you understand next steps for protecting your rights and preserving necessary documentation for a potential claim.

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

In New York, the statute of limitations for most personal injury actions based on negligence is three years from the date of the injury, although exceptions and different rules can apply depending on the parties involved and the circumstances. Certain claims against government entities have shorter notice requirements, and other unique deadlines may be relevant depending on the case facts. It is important to act promptly to protect legal rights and avoid missing critical filing deadlines. Because time limits can vary and because some situations present special procedural requirements, it is wise to consult about your potential claim as soon as possible following a traumatic brain injury. Early consultation helps identify applicable deadlines, preserve evidence, and coordinate necessary medical documentation so that a claim can proceed without procedural obstacles.

How are damages calculated in a traumatic brain injury case?

Damages in a traumatic brain injury claim typically encompass both economic and non‑economic losses. Economic damages include past and future medical expenses, rehabilitation costs, lost wages, and diminished earning capacity when the injury affects the ability to work. Non‑economic damages address pain and suffering, emotional distress, and the impact on quality of life. Valuing future care or long‑term support needs often requires input from medical providers and vocational assessors to estimate anticipated costs and limitations. Presenting a comprehensive damages assessment requires assembling thorough medical records, billing statements, employment and earnings documentation, and expert opinions from treating clinicians regarding prognosis and ongoing needs. The clearer and more detailed the supporting records, the better positioned a claimant is to seek compensation that reflects both present losses and likely future consequences of the injury.

Will my health insurance cover TBI treatment and how does that affect a claim?

Health insurance commonly covers medically necessary care for a traumatic brain injury, including emergency treatment, imaging, hospitalization, and rehabilitative services, although coverage terms can vary. When health insurance payments are made, those insurers may have subrogation or repayment interests depending on the circumstances, and coordination between a personal injury recovery and healthcare coverage must be managed carefully to address reimbursement obligations. From a claims perspective, documenting all treatments covered by health insurance and understanding any liens or repayment obligations is an important part of resolving a case. A legal representative can help clarify interactions between insurance payments and a personal injury recovery so that settlement calculations account for medical costs, outstanding balances, and any rights health plans may assert to recover funds from a settlement.

How long does it typically take to resolve a TBI claim?

The timeline for resolving a traumatic brain injury claim varies widely based on factors such as the severity of the injury, whether liability is disputed, the need for ongoing medical treatment, and whether the case settles or proceeds to litigation. Some claims may resolve within months when liability is clear and damages are limited, while more complex cases involving long‑term care projections or contested liability can take several years to conclude. A deliberate approach often helps ensure fair compensation that accounts for future needs. Regular communication and realistic expectations are important throughout the process. Early case preparation, preserving evidence, and obtaining clear medical documentation can help streamline negotiations. If litigation becomes necessary, additional time is needed for discovery, depositions, and trial preparation, all of which contribute to a longer resolution timeframe but may be necessary to achieve a full recovery for significant injuries.

Do I need medical documentation to support a TBI claim?

Yes, medical documentation is essential to support a traumatic brain injury claim. Records from emergency care, hospital stays, imaging studies such as CT or MRI reports, physician notes, therapy summaries, and medication records form the primary evidence that links an accident to the injury and shows the scope of treatment. Consistent, timely treatment notes and specialist evaluations strengthen the medical record and the credibility of claimed injuries. Beyond treatment records, maintaining a symptom journal, collecting statements from treating providers about functional limitations, and obtaining reports that estimate future care needs are valuable. Medical documentation also supports calculations of past and anticipated medical expenses, and helps demonstrate how the injury affects daily living and earning capacity when seeking compensation.

What happens if I was partially at fault for the accident that caused my TBI?

New York follows a comparative negligence standard that allows an injured person to recover damages even when they were partially at fault, but any recovery is reduced by the claimant’s percentage of fault. For example, if an injured person is found to be partially responsible for an accident, their compensation will be decreased proportionally to reflect that share of responsibility. This framework makes it important to develop evidence that minimizes or explains the injured party’s role in the incident. When fault is contested, careful investigation, witness statements, and accident reconstruction can help clarify how the incident occurred and allocate responsibility. Even if some fault is attributed to the injured person, pursuing a claim can still yield meaningful recovery to cover medical costs and other losses, especially where another party’s negligence was a significant contributing factor.

Can my case settle without filing a lawsuit?

Many traumatic brain injury cases resolve through negotiation and settlement without filing a lawsuit, particularly when liability is clear and damages are quantifiable. Settling a case can provide a faster resolution and avoid the time and expense of litigation. It is important to evaluate settlement offers in the context of all current and potential future needs, as accepting an early offer may limit the ability to address ongoing treatment or long‑term care requirements. If settlement discussions are not productive, filing a lawsuit preserves legal rights and can create additional avenues for gathering evidence during discovery. Deciding whether to accept a settlement or proceed to litigation depends on the specific circumstances of the case, the scope of damages, and the willingness of the opposing party or insurer to offer full and fair compensation for the injury’s impacts.

What role do medical records and imaging studies play in a TBI case?

Medical records and imaging studies play a central role in proving a traumatic brain injury claim. Diagnostic imaging, physician notes, neuropsychological testing, therapy records, and hospital documentation establish both the diagnosis and the course of treatment. These materials demonstrate how the injury affected cognitive and physical functioning, support claims for medical expenses, and inform projections for future care and rehabilitation needs. Detailed records also help counter defense arguments that symptoms are unrelated to the accident or pre‑existing. When imaging results, continuous treatment notes, and specialist assessments are organized coherently, they form a persuasive medical narrative for insurers, opposing counsel, or a jury, supporting a claim that fully reflects the injury’s impact on the claimant’s life.

How should I choose a lawyer for a traumatic brain injury claim?

When selecting a lawyer for a traumatic brain injury claim, look for an attorney or firm that handles personal injury cases regularly, communicates clearly, and can explain the steps needed to develop a strong claim. Relevant criteria include local court experience, a practical track record of handling claims and negotiations, the ability to coordinate medical documentation, and a commitment to keeping clients informed throughout the process. It is also helpful to choose a team that understands how to work with medical professionals to document prognosis and projected care needs. Discussing case strategy during an initial consultation can help you evaluate how an attorney approaches evidence gathering, settlement evaluations, and, if necessary, litigation. Choose representation that prioritizes client goals, demonstrates an ability to manage complex medical records, and shows a clear plan for pursuing compensation that addresses both immediate and long‑term impacts of the injury.

Personal Injury Services in Highland Mills

Explore our injury practice areas

⚖️ All Personal Injury Services