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 East Elmhurst

Compassionate TBI Advocacy

Your Guide to Traumatic Brain Injury Claims

A traumatic brain injury (TBI) can change everyday life in an instant. If you or a loved one suffered a head injury in East Elmhurst, you need clear information about what to expect and how a personal injury claim may help cover medical care, rehabilitation, and lost income. The Ahearne Law Firm PLLC represents clients in Queens County and across New York, helping people navigate insurance communications, medical documentation, and claim timelines. Call (845) 986-2777 to discuss your situation with Attorney Allan J. Ahearne, Jr., who works directly with clients to pursue fair outcomes while you focus on recovery.

Traumatic brain injuries range from mild concussions to more serious injuries that affect memory, cognition, mood, and physical ability. Early documentation of symptoms and treatment is important because insurers and other parties will review medical records to understand the full impact of the injury. Our approach is to gather thorough documentation, coordinate with treating clinicians, and explain options so you can make informed decisions. We are based in the Hudson Valley and serve clients in Queens County, including East Elmhurst, and we are available to discuss possible next steps and timelines at no obligation.

Why a Focused TBI Claim Matters

Pursuing a well-prepared claim after a traumatic brain injury can make a meaningful difference in access to necessary care and financial stability. A thoughtfully handled claim helps ensure medical expenses, rehabilitation costs, and wage losses are documented and presented in a way that decision-makers can understand. Beyond financial recovery, a formal claim can create a record that supports long-term care planning and treatment needs. For families in East Elmhurst, properly documenting the course of injury and recovery reduces uncertainty and supports discussions with healthcare providers, insurers, and employers about accommodations and future needs.

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

Ahearne Law Firm PLLC handles personal injury matters for clients in New York, with a focus on obtaining meaningful recovery for those affected by traumatic brain injuries. Attorney Allan J. Ahearne, Jr. meets with clients to review medical records, gather witness statements, and develop claims tailored to each client’s circumstances. The firm emphasizes clear communication and consistent updates so clients understand the process and potential timelines. Located in the Hudson Valley, the firm assists residents of Queens County and surrounding areas, offering practical guidance about medical documentation, insurance negotiations, and how a claim may affect your long-term care options.

Understanding Traumatic Brain Injury Claims

Traumatic brain injury claims involve assembling a record that demonstrates the cause of the injury, the extent of medical treatment, and the ongoing consequences for daily life and work. This often requires gathering emergency room reports, imaging studies, therapy notes, and statements from treating clinicians describing cognitive or physical limitations. Insurers will evaluate both short-term and long-term impacts, so it is important to track symptoms, missed time at work, and any rehabilitation progress. In East Elmhurst cases, timely communication with medical providers and careful documentation of all appointments and recommendations can strengthen a claim and help clarify the recovery trajectory.

Beyond medical documentation, a successful claim may include testimony from family members, co-workers, or caregivers about changes in behavior or functional ability after the injury. Economic losses, such as reduced earning capacity and out-of-pocket costs, should be calculated and supported with bills, pay records, and vocational assessments when needed. The claims process also involves responding to insurer requests and, where appropriate, engaging in negotiations to reach a settlement that accounts for both current needs and future care. Throughout this process, clear explanations and consistent follow-up are essential for making informed decisions about how to proceed.

Need More Information?

Key Terms and Simple Glossary

Traumatic Brain Injury (TBI)

A traumatic brain injury, or TBI, is damage to the brain resulting from an external force such as a fall, vehicle collision, or blow to the head. TBIs can cause a wide range of symptoms including headaches, memory problems, changes in mood or concentration, and physical impairments. The severity can vary from brief disruption of function to prolonged cognitive or physical disability. In the context of a legal claim, documentation of the event, medical treatment, and ongoing symptoms is important to show how the injury has affected daily life, work capability, and the need for continued care or rehabilitation.

Concussion

A concussion is a form of mild traumatic brain injury that occurs when the head experiences a rapid movement or impact, causing the brain to move within the skull. Symptoms can include dizziness, confusion, sensitivity to light, and sleep disturbances, and they may appear immediately or develop over days. Even when categorized as mild, concussions can lead to persistent symptoms that affect work and daily activities. Prompt medical evaluation and follow-up are important to identify ongoing needs and to document any condition that may factor into a personal injury claim.

Loss of Consciousness

Loss of consciousness refers to any period during which a person is not awake or aware following a head injury. The duration and circumstances of unconsciousness are recorded in medical notes and can help medical professionals classify the severity of a TBI. Even brief loss of consciousness is important to document because it provides objective evidence of an impact to the brain. In claims, loss of consciousness is one of several clinical indicators that contribute to an overall understanding of the injury’s seriousness and potential long-term implications.

Neuropsychological Evaluation

A neuropsychological evaluation is a series of tests administered by a trained clinician to assess cognitive functions such as memory, attention, processing speed, and executive functioning after a brain injury. These evaluations help identify areas of impairment, measure the degree of cognitive change, and guide rehabilitation planning. Results can also provide objective support for claims about diminished work capacity, the need for therapy, or long-term care planning. For legal purposes, including such evaluations in the record can clarify the injury’s practical effects on daily living and vocational prospects.

PRO TIPS

Document All Medical Visits

Keep a complete record of every medical appointment, test, and therapy session after a head injury, including dates, providers, and treatment notes, because thorough documentation forms the foundation of a claim. Note symptoms, medication changes, and how the injury affects daily routines, sleep, or job performance, and share those observations with treating clinicians to create consistent medical records. Retain bills, receipts, and communication with insurers so you can account for both medical expenses and indirect costs related to recovery.

Track Daily Symptoms and Limitations

Maintain a daily log of symptoms, cognitive changes, and activities that have become difficult since the injury to provide clear examples of functional impact over time. This ongoing record helps clinicians and claim reviewers understand fluctuations in recovery and the ways symptoms interfere with work, school, or family responsibilities. Share the log with your medical team so entries are reflected in clinical notes and can be used to support requests for additional services or accommodations.

Preserve Evidence and Witness Accounts

Collect and store any physical evidence from the incident scene, photographs, and contact information for witnesses who observed the event or changes after the injury because this information can corroborate your account. Obtain written statements from family members, friends, or co-workers who can describe changes in behavior or ability, which may be helpful when medical tests do not capture every daily limitation. Keep copies of all correspondence with insurers and other parties to ensure a clear record of communications and decisions throughout the claim process.

Comparing Legal Paths for TBI Claims

When a Full Claim Approach Is Preferable:

Complex Medical Needs

When medical evidence shows ongoing or evolving needs such as extended rehabilitation, specialized therapies, or cognitive assessments, a comprehensive claim helps address both current and future care costs. Detailed documentation and coordination with medical providers support a full accounting of expenses and losses, which insurers must consider in settlement discussions. A consolidated approach also allows for careful calculation of lifetime care and earning capacity implications when symptoms persist beyond initial treatment.

Disputed Liability or Severity

If there is disagreement about how the injury occurred or the severity of its effects, pursuing a full claim that assembles thorough evidence helps clarify responsibility and the extent of harm. Collecting witness statements, imaging, and specialist evaluations can counter incomplete or conflicting accounts presented by other parties. A comprehensive process creates a stronger record for negotiation or formal resolution when simple claim handling does not resolve disputes satisfactorily.

When a Narrower Claim May Suffice:

Minor Injuries with Clear Recovery

For mild injuries that resolve quickly with minimal follow-up and limited medical costs, a more focused claim may be appropriate to address immediate expenses without extensive documentation. In such cases, the priority is timely submission of medical bills and concise records showing treatment and recovery. A limited approach can reduce time and expense when the effects are short-lived and clearly documented by treating clinicians.

Straightforward Liability and Coverage

When responsibility for the incident is not in dispute and insurance coverage is straightforward, a simplified claim process can resolve medical bills and lost wages more quickly. Clear liability documentation, such as police reports or admissions, allows for direct negotiation of damages without extensive independent evaluations. This approach works best when future medical needs are unlikely and the impact on work and daily life is temporary and well documented.

Common Situations Leading to TBI Claims

Motor Vehicle Collisions

Vehicle collisions often cause head injuries through sudden impact or violent movement of the head, producing symptoms that may appear immediately or over days. Timely medical evaluation and records from the collision scene are important for documenting the injury and its consequences.

Slip and Fall Incidents

Falls on public or private property can lead to head trauma when surfaces, lighting, or hazards contribute to the event, and property owners may be responsible under premises rules. Documenting where the fall occurred and obtaining witness statements supports claims related to facility conditions and negligence.

Assault and Workplace Accidents

Situations involving assault or workplace accidents can result in brain injury and may involve both criminal reports and civil claims to cover medical and occupational impacts. Keeping records of incident reports and employer communications helps establish the sequence of events and related losses.

Traumatic Brain Injury Attorney Serving East Elmhurst

Why Choose Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC focuses on guiding injured people through the complexities of TBI claims in Queens County and across New York. The firm assists clients by organizing medical records, coordinating with treating clinicians, and explaining potential claim paths so you can make informed choices. Whether dealing with insurance companies, medical bills, or long-term care planning, the firm aims to provide steady communication and practical next steps. Attorney Allan J. Ahearne, Jr. meets with clients to review their situation, identify key documentation, and outline realistic expectations for resolution.

Working with a law firm that understands both medical documentation and claim procedures helps streamline the process and reduce the burden on injured people and their families. The firm prioritizes careful record-keeping, timely responses to insurer inquiries, and clear explanations of settlement options and potential timelines. For residents of East Elmhurst, the firm serves as a central point for gathering necessary evidence, preparing claims, and discussing whether negotiation or other resolution avenues are most appropriate given the facts of the case.

Contact Us to Discuss Your TBI Claim

People Also Search For

Traumatic brain injury lawyer East Elmhurst

TBI attorney Queens County

head injury claim New York

concussion injury compensation East Elmhurst

brain injury medical documentation

personal injury TBI New York

Ahearne Law Firm TBI claims

Allan J. Ahearne traumatic brain injury

FAQS

What qualifies as a traumatic brain injury (TBI)?

A traumatic brain injury occurs when an external force causes the brain to be injured, whether through impact, rapid acceleration and deceleration, or penetrating trauma. Symptoms can range from brief confusion and headache to longer-term cognitive, emotional, or physical changes, and the classification of injury often depends on factors such as loss of consciousness, imaging results, and observed neurological deficits. For legal purposes, a clear link between the incident and subsequent medical findings helps frame the claim and supports requests for compensation related to medical care and functional losses. Medical records, imaging studies like CT or MRI scans, emergency room notes, and follow-up documentation are commonly used to establish the occurrence and severity of a TBI. Detailed clinical notes that describe symptoms, changes over time, and treatment plans strengthen a claim by showing continuity of care. In some cases, additional assessments such as therapy notes or neurocognitive testing can provide objective evidence of ongoing impairment, which is important when evaluating the need for rehabilitation or long-term supports.

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

Seek medical attention as soon as possible after a head injury, even if symptoms seem mild at first, because some signs of brain injury develop over hours or days and early documentation helps create a clear medical record. Prompt evaluation allows clinicians to perform necessary imaging or cognitive assessments and to advise on symptom management, which can prevent complications and guide appropriate follow-up care. For legal purposes, immediate medical attention also establishes a temporal link between the incident and the injury, which is important during claim review. If symptoms change after initial treatment—such as worsening headaches, new memory problems, dizziness, or mood changes—return to a healthcare provider right away and document those visits. Maintaining dated records of all evaluations, test results, and recommendations supports both medical recovery planning and any later claims for compensation. Keep copies of all discharge instructions, test reports, and referral notes to create a comprehensive timeline of care.

What types of damages can be recovered in a TBI claim?

A TBI claim can seek compensation for a range of economic and non-economic losses depending on the facts of the case, including medical expenses, rehabilitation costs, assistive devices, and projected future care needs. Lost wages and diminished earning capacity may be included when the injury affects the ability to return to prior work or requires reduced hours. Out-of-pocket expenses such as travel to appointments, home modifications, and caregiving support can also be documented and claimed when supported by receipts and provider notes. Non-economic damages, like pain and suffering or loss of enjoyment of life, may be part of a recovery calculation in appropriate cases and are evaluated based on the injury’s impact on daily function and relationships. Gathering comprehensive medical documentation, statements from treating clinicians, and records of how the injury changed routines or activities aids in quantifying both economic and non-economic losses for settlement discussions or other resolutions.

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

The timeline for resolving a traumatic brain injury claim varies depending on factors such as the severity of the injury, the completeness of medical documentation, and whether liability is contested by the other parties. Some straightforward claims with clear liability and limited ongoing care can be resolved relatively quickly once bills and records are submitted. More complex cases that involve disputed fault, evolving medical needs, or assessments of long-term care may take longer and require additional evaluations or negotiations to reach a fair resolution. It is common to wait until the course of treatment reaches a more settled point so future needs and costs can be reasonably estimated, but each situation is different. Regular communication about progress and periodic reassessment of medical records and projected care helps guide timing for negotiations. If a case cannot be resolved through negotiation, formal proceedings may extend the timeline further, but structured preparation aims to reach efficient and appropriate results based on documented needs.

Will an insurance company pay for rehabilitation and long-term care?

Whether an insurance company will cover rehabilitation and long-term care depends on the terms of the applicable policy and the documented medical necessity of those services. Insurers generally consider clinician recommendations, therapy progress notes, and test results when evaluating the need for ongoing care, and clear documentation from treating providers is important to justify coverage or to support a claim for compensation that would fund such care. If treatment is recommended and recorded by qualified medical professionals, that documentation strengthens the case for coverage or reimbursement. When coverage is disputed, presenting a comprehensive record that includes objective findings, therapy outcomes, and projections from treating clinicians can help in settlement discussions or formal claims. In some situations, claims can be structured to account for future rehabilitation and assistance costs, provided those needs are reasonably supported by medical evidence and documented care plans. Keeping meticulous records of all therapy sessions, referrals, and care recommendations is essential to demonstrating ongoing medical necessity.

How do I prove that my daily difficulties are caused by the TBI?

Proving that daily difficulties stem from a TBI requires consistent medical documentation linking symptoms to the incident and showing how those symptoms affect functional abilities. Medical notes that describe cognitive testing results, therapy progress, and clinician observations are fundamental, as are objective tests such as imaging or neurocognitive assessments when available. A detailed timeline of symptom onset and progression, along with treatment records, helps demonstrate that the reported difficulties are related to the injury rather than unrelated conditions. Supplemental information from family members, employers, or caregivers can also illustrate changes in memory, attention, mood, or physical capability that interfere with work or home life. Vocational assessments or functional capacity evaluations may be used to translate medical findings into practical impacts on employment and daily tasks. Collecting comprehensive evidence from multiple sources creates a clearer picture of how the injury affects everyday functioning and supports claims for appropriate recovery.

Can family testimony help my claim?

Yes, testimony from family members, friends, or co-workers can be valuable in a TBI claim because these witnesses can describe observable changes in behavior, memory, or physical ability that may not be fully captured by clinical tests. Personal accounts of how the injury has altered relationships, routines, or job performance provide context for medical findings and help explain the real-world effects of cognitive or physical limitations. Witness statements can be included in the claim record to supplement clinical documentation and paint a fuller picture of daily challenges. When using witness accounts, it is helpful to gather statements that focus on specific examples and changes rather than general impressions. Details about dates, specific incidents, and observable effects help corroborate the claimant’s own reports and support the assessment of non-economic impacts like loss of enjoyment of life. Clear, consistent witness statements that align with medical records strengthen the overall credibility of the claim.

Do I need a neuropsychological evaluation for my claim?

A neuropsychological evaluation is often recommended when cognitive complaints persist or when objective measurement of memory, attention, and other functions is needed to guide treatment and claims. These evaluations offer standardized testing that can detect subtle deficits and provide a baseline for tracking recovery or planning rehabilitation. In cases where everyday functioning and work ability are in question, such testing can supply objective data that supports requests for therapy, workplace accommodations, or longer-term care arrangements. While not all claims require a full neuropsychological assessment, it can be a critical tool when symptoms are subjective or when insurers request more detailed documentation of cognitive impairment. Discussing the potential benefits of an evaluation with treating clinicians can clarify whether testing would add meaningful information for both treatment planning and claim support. If ordered, the results should be included in the claim file along with interpretation from qualified providers.

What should I do with medical bills and lost wage records?

Keep all medical bills, receipts for related expenses, and documentation of missed work in an organized file to support reimbursement or compensation requests. These records should include itemized bills, explanation of benefits from insurers, and written statements from employers about lost hours or wages. Clear financial records make it easier to calculate both actual costs and projected future expenses related to recovery, and they provide the necessary support when negotiating with insurers or preparing settlements. Additionally, maintain copies of appointment summaries, referral notes, and therapy invoices to show the continuity of care and the scope of medical services received. If there are out-of-pocket expenses for travel, home modifications, or caregiving, retain receipts and notes to document these costs. A comprehensive financial and medical record helps establish the full scope of losses tied to the injury.

How can I schedule a consultation with Ahearne Law Firm?

To schedule a consultation with Ahearne Law Firm, contact the office by phone at (845) 986-2777 or visit the firm’s website to request an appointment. During the initial discussion, you can share basic information about the incident, symptoms, and any medical treatment already received, and the firm can explain possible next steps for documentation and claims. The consultation provides an opportunity to review relevant records and determine whether pursuing a claim is an appropriate next step based on the facts and medical evidence. Bring available medical records, incident reports, and a list of questions to the consultation so the discussion can be focused and productive. If further documentation or evaluations are needed, the firm can advise on how to obtain those materials and how best to preserve evidence and witness information while you continue with treatment and recovery.

Personal Injury Services in East Elmhurst

Explore our injury practice areas

⚖️ All Personal Injury Services