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Traumatic Brain Injury (TBI) Attorney Serving Hollis, NY

Hollis TBI Support

Understanding Traumatic Brain Injury Claims

Traumatic brain injuries can change a person’s life in sudden and lasting ways, and people in Hollis and Queens County need clear guidance when pursuing a claim. The Ahearne Law Firm PLLC represents individuals and families facing the aftermath of head injuries, helping to gather medical records, document symptoms, and present a complete picture of damages. Allan J. Ahearne, Jr. and the team work to explain options, timelines, and potential outcomes so clients can make informed decisions. If you or a loved one has experienced a head injury, prompt action to protect rights and preserve evidence is important.

Recovering from a traumatic brain injury often involves multiple healthcare providers, ongoing treatment, and adjustments to daily life and work. Legal claims in New York require careful documentation of both the incident and the medical consequences, and the firm assists with obtaining necessary records, consulting with treating clinicians, and preparing a persuasive claim for insurers or in court. Plaintiffs in Hollis can expect responsive communication about next steps, deadlines, and what to expect during investigation, negotiation, or litigation. Through proactive case handling, the goal is to secure fair compensation to support recovery and future needs.

Why Legal Representation Matters for TBI Claims

A focused legal response to a traumatic brain injury claim helps ensure thorough documentation, accurate valuation of past and future medical needs, and a clear presentation of the accident and resulting harms. Insurers may undervalue or deny claims without a complete record of treatment, diagnosis, and limitations that follow a head injury, and a dedicated legal approach can help preserve timelines, collect witness statements, and coordinate with healthcare providers. For families in Hollis, working with a local attorney means access to someone who understands New York timelines and court procedures, and who will pursue recovery that addresses medical bills, lost income, and ongoing care needs.

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

Ahearne Law Firm PLLC provides personal injury representation to clients across the Hudson Valley and New York City communities, including Hollis in Queens County. Allan J. Ahearne, Jr. focuses on personal injury matters such as traumatic brain injury claims and works with clients to gather medical documentation, coordinate expert testimony when necessary, and pursue settlement or trial options that reflect the full scope of loss. The firm emphasizes clear communication, practical case planning, and preparation for negotiations or litigation to help clients navigate often complex legal and medical issues after a serious head injury.

Understanding Traumatic Brain Injury Claims in New York

A traumatic brain injury can range from a mild concussion to a severe impairment that affects cognition, memory, speech, and motor function. Legally, a TBI claim requires establishing that an incident caused the injury, documenting the medical diagnosis and treatment, and showing the resulting impact on everyday life and earning capacity. In New York, statutes of limitations and procedural requirements must be observed, and timely investigation of accident details, witness accounts, and scene evidence is important. A thorough understanding of both the medical and legal aspects of TBI claims helps ensure that a case is presented effectively to insurers or the court.

Medical records are the backbone of a TBI claim, but they do not tell the whole story on their own. Clinician notes, imaging results, neuropsychological assessments, and therapy progress reports together document diagnosis and need for ongoing care. It is also important to capture changes in daily function, work limitations, and emotional impacts through statements from family, employers, and therapists. Early preservation of records and credible chronology of events help to connect the incident to the injury, while careful evaluation of long-term care needs supports a request for compensation that reflects future medical and living adjustments.

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Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force causes brain dysfunction, often resulting from falls, vehicle collisions, assaults, or workplace incidents. Symptoms can appear immediately or develop over time and may include headaches, dizziness, cognitive changes, memory problems, mood shifts, and sensory disturbances. Diagnosis typically relies on clinical evaluation and imaging studies, and recovery can involve multiple stages of care including emergency treatment, rehabilitation, and long-term therapy. In legal claims, establishing the medical diagnosis and linking it to the incident are key steps in seeking compensation for associated losses and ongoing needs.

Concussion

A concussion is a form of mild traumatic brain injury that results from a blow or jolt to the head or body that causes brief disruption of brain function. While often called ‘mild,’ concussions can produce significant symptoms such as headaches, confusion, memory lapses, sensitivity to light and sound, and emotional disturbance, and they may require medical monitoring and gradual return to activity. Some individuals experience persistent symptoms that interfere with work and daily life, and documentation of treatment and symptom progression is important when pursuing a legal claim for compensation related to a concussion.

Negligence

Negligence is a legal concept that describes a failure to exercise reasonable care that results in harm to another person. In the context of a TBI claim, negligence might involve unsafe property conditions, careless driving, inadequate safety protocols at a workplace, or other lapses that create a foreseeable risk of head injury. To prove negligence, a claimant generally must show that a duty existed, that the duty was breached, that the breach caused the injury, and that actual damages resulted. Evidence such as incident reports, witness statements, and safety records is used to establish these elements.

Damages

Damages refer to the monetary recovery sought for losses caused by an injury and may include compensation for medical expenses, rehabilitation, lost wages, reduced earning capacity, pain and suffering, and sometimes future care needs. In TBI cases, calculating damages often requires input from medical providers, vocational specialists, and economic calculations that estimate ongoing treatment costs and loss of earning potential. Non-economic damages address the subjective impact of the injury on quality of life and relationships. A clear record of past costs and a reasoned projection of future needs support a fair valuation of damages in negotiation or litigation.

PRO TIPS

Seek Immediate Medical Care

After a head injury, seek medical attention right away so that injuries are documented and timely treatment begins, which can improve recovery and provide critical records for any legal claim. Even if initial symptoms seem mild, medical evaluations and imaging can detect issues that may worsen over time, and early documentation links the event to clinical findings. Keep copies of all records, follow recommended treatment plans, and note any new or changing symptoms so that healthcare history and legal claims reflect the full course of care and recovery.

Document Symptoms and Changes

Track symptoms, cognitive changes, sleep patterns, and emotional shifts in a daily journal, noting dates and how each issue affects work, family life, and daily activities, which helps establish the real-world impact of the injury. Collect statements from family members, coworkers, and employers describing observed changes and limitations to provide a fuller picture beyond clinical notes. Consistent documentation supports medical and legal assessments, aids in valuation of damages, and assists attorneys and healthcare providers in planning appropriate interventions and advocating for necessary care and compensation.

Preserve Evidence and Records

Preserve physical evidence from the scene when possible and obtain copies of police reports, incident reports, and witness contact information promptly to prevent loss of crucial details that can support causation. Request and keep all medical records, imaging results, therapy notes, and billing statements, as these records form the factual basis for a claim and for projecting future needs. Maintaining organized records and communicating openly with legal counsel about missing documents or prior medical history helps ensure the claim can be presented clearly to insurers or a court.

Comparing Legal Approaches for Traumatic Brain Injury Claims

When Full Representation Is Recommended:

Complex Medical Needs

When medical treatment is ongoing and the full scope of recovery is uncertain, a comprehensive legal approach helps secure documentation, expert medical opinions, and a detailed damages analysis that addresses both current and projected needs. Complex cases often involve multiple care providers, prolonged rehabilitation, and possible long-term assistance or vocational adjustments, each of which requires careful valuation. A full legal response coordinates these elements to present a complete claim to insurers or a court and seeks compensation that reflects both immediate and future care and support requirements.

Multiple Liability Parties

Situations where more than one party may share fault for an injury call for a coordinated legal strategy to identify responsible parties, assign comparative fault as governed by New York law, and pursue claims against all applicable defendants. Cases involving government entities, complex insurance coverage issues, or multiple tortfeasors can require procedural steps and investigations that go beyond simple negotiations, such as filing notices, pursuing discovery, and navigating jurisdictional rules. A comprehensive approach seeks to maximize recovery by ensuring all potential sources of compensation are pursued effectively.

When a Limited Representation Approach May Be Appropriate:

Minor, Short-Term Symptoms

If a head injury involves brief symptoms with full recovery and clear, limited medical expenses, a more limited legal approach may address a straightforward settlement with a single insurer without prolonged investigation. In such instances, focused assistance with documentation and negotiation may resolve the matter efficiently while avoiding unnecessary delay. It remains important to confirm medical stability and obtain all records before concluding a settlement to ensure future complications are not overlooked before accepting compensation.

Clear Liability and Quick Recovery

When liability is clearly established and the medical prognosis shows a prompt return to pre-injury function, claim resolution may proceed through targeted negotiation that secures fair payment for documented bills and brief lost income. A limited approach can be useful when both parties agree on facts, the injury is well-documented, and the projected needs do not involve long-term care. Even in these cases, careful review of offers and full documentation is important to prevent settling for less than appropriate compensation for any lingering effects.

Common Circumstances That Lead to TBI Claims

Motor Vehicle Crashes

Motor vehicle collisions are a frequent cause of traumatic brain injuries when occupants experience sudden deceleration, impact, or secondary trauma from objects within a vehicle, and establishing fault involves police reports, accident reconstructions, and witness testimony. Prompt medical evaluation, documentation of emergency and follow-up care, and preservation of vehicle damage evidence help link the crash to the injury and support a claim for medical costs, lost earnings, and other damages arising from the collision.

Slip and Fall Incidents

Slip and fall incidents on public or private property can produce head injuries when hazardous conditions are present, and property owners may be liable where negligent maintenance, inadequate warnings, or unsafe design are factors in the incident. Gathering incident reports, surveillance footage, witness accounts, and maintenance records helps establish liability and the connection between the fall and resulting medical treatment and ongoing needs.

Workplace Accidents

Workplace events involving falls, equipment incidents, or struck-by accidents can cause TBIs and may give rise to workers’ compensation claims alongside third-party actions where a non-employer’s negligence contributed to the harm. Obtaining employer reports, safety records, and medical treatment documentation is important for preserving all avenues of recovery and ensuring the injured worker’s medical and income needs are addressed appropriately.

Local Hollis and Queens County TBI Attorney

Why Choose Ahearne Law Firm for Traumatic Brain Injury Claims

Ahearne Law Firm provides dedicated attention to each TBI matter, prioritizing clear communication and a straightforward plan for investigation, medical documentation, and case valuation. For clients in Hollis, working with a local attorney means access to someone who understands New York filing requirements, local medical resources, and court procedures, and who can coordinate timelines with care providers. The firm focuses on compassionate client service, timely updates, and practical planning to pursue compensation that reflects medical needs, lost income, and the broader impacts of a brain injury on daily life and future prospects.

The firm approaches each case by securing medical records, consulting appropriate clinicians when needed, and preparing a clear presentation of liability and damages for insurers or the court. A careful review of insurance coverage, potential defendants, and legal deadlines helps preserve all avenues of recovery while keeping clients informed of options and likely timelines. Whether negotiating a settlement or preparing for trial, the firm aims to advance the client’s interests and obtain financial resources to address medical care, rehabilitation, and changes to work and family life caused by the injury.

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FAQS

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

A traumatic brain injury is an injury to the brain caused by an external force, such as a blow to the head, a sudden jolt, or penetration of the skull, and symptoms can range from brief confusion to persistent cognitive, emotional, and physical impairments. Diagnosis typically involves clinical evaluation by a physician, neurological testing, imaging such as CT or MRI when indicated, and sometimes neuropsychological assessments to evaluate cognitive function and the extent of impairment. Early medical assessment helps document the connection between the incident and the injury, which is important for treatment and any later claim. Medical providers will record symptoms, test results, and treatment plans in the medical record, which together form the clinical basis for a TBI diagnosis and guide ongoing care. In many cases, symptoms evolve over days or weeks, so repeated evaluations and careful documentation are important. For legal purposes, a clear medical narrative that links the accident to subsequent diagnoses and functional limitations improves the ability to pursue compensation for medical costs, therapy, and impacts on employment and daily life.

How do I know if I should pursue a TBI claim after an accident?

If you experienced a head impact or jolt during an accident and have persistent or progressive symptoms—such as headaches, memory problems, dizziness, sleep disruption, or difficulty concentrating—it is advisable to pursue medical evaluation and to consider whether a legal claim is appropriate. A claim may be warranted when an incident was caused by another party’s negligence, when medical treatment and recovery costs are significant, or when the injury affects work or daily functioning in ways that require compensation. Early documentation and preservation of evidence strengthen any potential claim. Deciding to pursue a claim involves reviewing the facts of the incident, available insurance coverage, and the expected course of medical care and recovery, and it helps to consult with counsel who can evaluate liability and damages. Legal counsel can assist in obtaining records, preserving deadlines, and advising on whether negotiation or litigation may be necessary to secure compensation for past and future losses associated with the injury.

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

In New York, the statute of limitations for most personal injury claims is generally two years from the date of the incident, but there are important exceptions and variations that can affect timing, especially when a government entity is involved or when the injury’s onset is delayed. It is important to seek legal advice as soon as possible to identify the applicable deadline, preserve evidence, and file any required notices. Missing a deadline can bar recovery, so early action protects legal rights. Because statutes and procedural rules can be complex, a prompt review of the incident, the parties involved, and the applicable law helps to determine the precise timeline for filing a claim. Even when the basic limitation period appears clear, factors such as discovery of the injury, tolling, or special notice requirements can alter deadlines, so timely consultation is recommended to avoid forfeiture of claims.

What types of damages can I recover in a TBI case?

Damages in a TBI case may include economic losses such as past and future medical expenses, rehabilitation costs, medication, therapy, and lost wages, as well as non-economic damages for pain and suffering, loss of enjoyment of life, and emotional distress. When a brain injury affects earning power, a claimant may also pursue compensation for diminished future earning capacity and vocational retraining or support. Proper valuation requires careful documentation of past costs and reasoned projections of future needs. In more severe cases, damages can include long-term care expenses, home modifications, assistive devices, and support services needed to manage daily activities. Establishing these categories typically involves input from treating clinicians, rehabilitation specialists, and vocational or economic professionals who can provide opinions and calculations to support a request for fair compensation.

Will my TBI case have to go to trial?

Many TBI cases are resolved through negotiation with insurers and do not proceed to trial, but the likelihood of settlement versus trial depends on the strength of liability evidence, the clarity of medical records, and whether insurers make reasonable offers that reflect actual losses. Preparing a case as if it could go to trial strengthens negotiation positions by ensuring that documentation, witness testimony, and expert input are ready to support the claim. Clients should be prepared to weigh settlement offers against the time and uncertainty of litigation. When settlement is not achievable, litigation may be necessary to pursue fair compensation, and the court process includes discovery, motion practice, and possibly a trial where a judge or jury evaluates the evidence. A well-prepared claim increases the prospects for a favorable outcome, whether by a negotiated resolution or a judicial decision that addresses the full scope of damages caused by the injury.

How is fault determined in a brain injury claim?

Fault in a brain injury claim is determined by examining the circumstances of the incident, applicable duties of care, and whether a responsible party breached those duties in a way that caused the injury, with evidence including incident reports, photographs, surveillance, witness statements, and relevant records. In New York, comparative fault rules may reduce recoverable damages if the injured party is found partially at fault, so establishing the strongest possible proof of the other party’s negligence is important. Investigations often involve gathering documentation from multiple sources to build a clear narrative of causal connection and responsibility. In some cases, multiple parties may share liability, and determining each party’s role requires careful analysis of responsibility and actions leading to the incident. When government entities may be involved, special notice requirements and procedural rules apply, so early identification of potential defendants and timely compliance with legal prerequisites helps preserve claims against all responsible parties.

Can I recover compensation for future medical care and lost earning capacity?

Yes, it is possible to recover compensation for future medical care, ongoing therapy, assistive needs, and reduced earning capacity when a TBI results in long-term or permanent limitations, but such claims require reasoned projections supported by medical opinions and economic analysis. Treatment plans, rehabilitation trajectories, and expert assessments can help estimate future costs and the magnitude of income loss over time. Presenting a detailed, evidence-based projection strengthens the case for including future damages in a settlement or judgment. Documenting long-term needs often involves collaboration with treating clinicians, rehabilitation professionals, and vocational or economic experts who can quantify anticipated care, supports, and lost earning potential. These assessments are important to ensure compensation is sufficient to address ongoing medical needs and life adjustments that result from the brain injury, rather than covering only immediate expenses.

What medical records and evidence are most important for a TBI claim?

The most important medical records and evidence for a TBI claim include emergency room records, imaging reports such as CT or MRI scans, clinic notes from neurologists and other treating physicians, therapy and rehabilitation progress notes, and records of prescriptions and medical billing. Neuropsychological testing and cognitive assessments can be especially valuable in documenting cognitive deficits and functional limitations. Together, these records establish diagnosis, treatment, and the relationship between the incident and the injury. Non-medical evidence is also critical: police and incident reports, witness statements, photographs or video from the scene, maintenance or inspection records for premises claims, and employment records showing lost wages and job impacts all contribute to a complete case. Early collection and preservation of this evidence supports a clearer presentation of liability and damages to insurers or the court.

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

The timeline to resolve a TBI case varies widely depending on the severity of the injury, the complexity of liability, the need for ongoing treatment, and the willingness of insurers to negotiate fairly; some claims may settle within months, while others require years if litigation and appeals become necessary. Cases involving uncertain prognosis or significant future needs often take longer because it is important to have a clear medical picture before finalizing a settlement. Patience and realistic expectations are important while the legal and medical fact-finding takes place. Throughout the process, staying engaged with medical care and promptly providing requested information helps avoid unnecessary delays, and a proactive approach to investigation and negotiation can expedite resolution when adequate compensation is offered. Regular communication with legal counsel about progress and settlement options helps clients make informed decisions about the timing and terms of any proposed resolution.

What will it cost to have an attorney handle my traumatic brain injury claim?

Many personal injury attorneys handle traumatic brain injury claims on a contingency fee basis, meaning there is typically no upfront cost and fees are paid only if a recovery is obtained, but the specific fee arrangement and expenses should be discussed and confirmed in a written agreement before representation begins. Contingency fees help clients pursue claims without immediate financial outlay, and the agreement will also outline how litigation expenses, expert fees, and other costs are handled, which may be deducted from any recovery according to the contract. Before engaging representation, ask about fee percentages, how out-of-pocket costs are managed, whether there are any flat fees or hourly charges for certain services, and how settlement or judgment distributions are calculated. Transparency about costs and clear lines of communication ensure clients understand the financial aspects of representation and can make informed decisions about pursuing a claim.

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