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 Dongan Hills, Richmond County

Compassionate Local Advocacy

Guidance for Traumatic Brain Injury Claims

Sustaining a traumatic brain injury can be life altering, and residents of Dongan Hills and the wider Richmond County deserve clear information about their legal options. The Ahearne Law Firm PLLC focuses on personal injury matters throughout the Hudson Valley, offering focused guidance on traumatic brain injury claims and related damages. Attorney Allan J. Ahearne, Jr. and the firm provide personalized attention to help people understand the claims process, necessary documentation, timelines, and potential recovery paths. This introduction outlines what to expect after a TBI, how a claim typically proceeds, and the steps you can take now to protect your interests and health.

When a traumatic brain injury occurs, there are many practical steps to take that affect both medical recovery and potential legal claims. Early medical records and consistent follow up are important for documenting injury and treatment, while timely notification to insurers and preservation of evidence help preserve legal options. The law firm assists with gathering records, communicating with medical providers, and explaining how injuries and losses are documented for a claim. From initial consultation through resolution, the goal is to offer steady guidance so clients can focus on recovery while the legal and factual matters are attended to carefully.

Why Legal Assistance Helps in TBI Cases

Traumatic brain injury claims often involve complex medical evidence, long term care considerations, and interactions with insurers that may affect the value of a case. Legal assistance helps ensure critical records are collected, appropriate medical opinions are obtained, and deadlines are met. Having representation can also support clear communication with other parties and advocates for fair settlement when injuries have lasting effects on work, family life, and daily functioning. Effective handling of these matters helps families and individuals plan for medical costs, rehabilitation needs, and potential future care, reducing uncertainty during a difficult recovery period.

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

Ahearne Law Firm PLLC serves the Hudson Valley and New York clients in personal injury matters, including traumatic brain injury claims arising in Dongan Hills and Richmond County. Attorney Allan J. Ahearne, Jr. focuses on providing responsive legal representation and practical guidance tailored to each client’s circumstances. The firm emphasizes thorough investigation, careful documentation, and clear communication so clients understand their rights and options. Working closely with medical providers and other professionals, the firm aims to assemble the information needed to pursue appropriate compensation while supporting families through the legal and logistical challenges that follow a serious injury.

Understanding Traumatic Brain Injury Claims in New York

Traumatic brain injuries result from force to the head or rapid acceleration and deceleration of the brain inside the skull, producing symptoms that range from mild and transient to severe and permanent. Medical assessment typically involves neurological exams, imaging studies such as CT or MRI, and cognitive testing to document functional impairments. For legal purposes, establishing causation and documenting the extent of injury are central tasks, which often require coordination among treating physicians, neuropsychologists, and rehabilitation providers. A clear medical record that traces symptoms, treatment, and progress is essential for demonstrating the connection between the incident and the claimed injuries.

Beyond the initial diagnosis, many individuals with traumatic brain injuries face ongoing needs including therapy, medication management, vocational adjustments, and caregiver support. Insurance coverage, Medicare or Medicaid interactions, and lost earnings calculations can all affect recovery planning and claims valuation. Timely action to preserve evidence, obtain thorough medical documentation, and track the effects of the injury on daily life helps create a complete record. That record supports negotiations or litigation when necessary and helps families plan for both immediate and long term care needs that follow a serious head injury.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury is an injury to the brain caused by an external mechanical force, such as a blow to the head, a fall, or a collision. Symptoms can include headaches, confusion, memory problems, dizziness, balance issues, changes in mood, sleep disturbances, and cognitive impairments that affect concentration or decision making. The severity of a TBI is often described as mild, moderate, or severe, based on clinical findings, imaging results, and the duration of any loss of consciousness or memory loss. Accurate diagnosis and documented treatment plans are important for both medical recovery and legal claims.

Intracranial Hemorrhage

An intracranial hemorrhage is bleeding within the skull that can occur after head trauma and may involve bleeding between the brain and skull, within the brain tissue, or in other compartments. This condition can lead to pressure on brain structures, worsening neurological function, and the need for urgent medical treatment. Imaging studies such as CT scans are commonly used to detect bleeding, and the presence of hemorrhage can influence the course of treatment and the long term prognosis. Documenting any hemorrhage and subsequent care is important when evaluating the severity and consequences of a brain injury.

Concussion

A concussion is a type of mild traumatic brain injury caused by a direct blow or a sudden motion that jars the brain, often producing temporary neurological symptoms. People with concussions may experience headaches, transient confusion, memory lapses around the event, light or noise sensitivity, and feeling mentally slowed. While many concussions resolve with rest and gradual return to activity, some individuals experience persistent symptoms requiring ongoing care. Proper documentation of the initial event, symptoms, and recovery milestones helps clarify the medical history for any related claim.

Permanent Impairment

Permanent impairment refers to long lasting or irreversible functional losses that result from a traumatic brain injury and affect a person’s ability to work, care for themselves, or carry out daily activities. This may include cognitive deficits, motor limitations, sensory changes, or emotional and behavioral alterations that persist despite treatment. Assessing permanent impairment often involves input from treating clinicians, neuropsychological testing, and vocational assessments to determine how the injury affects long term quality of life and earning capacity. Documentation of ongoing limitations is important for calculating future care and compensation needs.

PRO TIPS

Get Immediate Medical Attention

Seek medical attention immediately after any head injury, even if symptoms seem mild at first, because some effects can emerge slowly and early records are critical for both health and legal reasons. Prompt evaluation by an emergency clinician, followed by appropriate imaging and referrals to neurologists or rehabilitation providers, helps document the injury and begin a treatment plan. Keeping detailed records of visits, diagnoses, and prescribed therapies will provide a clearer picture of the injury’s progression and support any claim for damages related to the event.

Document Everything

Maintain thorough documentation of all medical visits, treatments, medications, and therapy sessions following a traumatic brain injury, as consistent records strengthen the link between the incident and its consequences. Note any changes in memory, mood, sleep, or daily functioning in a journal and preserve communications with insurers, employers, and witnesses. Detailed evidence of how the injury affects work, family life, and routines helps clarify the full scope of losses when discussing claims or negotiating settlements.

Preserve Records and Witnesses

Keep copies of all medical records, imaging reports, bills, and receipts related to treatment for a traumatic brain injury, and request written notes from treating providers when possible, since these materials form the backbone of a claim. Collect contact information for witnesses and preserve physical evidence or photographs of the scene when appropriate, as this can help establish cause and liability. Timely action to gather and secure documentation reduces the risk that important details are lost and supports a complete presentation of the injury’s impact over time.

Comparing Legal Approaches for Traumatic Brain Injury Matters

When Full Legal Representation Is Advisable:

Complex Medical Issues

Comprehensive legal representation is often appropriate when medical issues are complex or evolving, such as when multiple specialists are involved or when the long term prognosis is uncertain. In those situations, coordinated review of medical records, expert medical opinions, and detailed presentation of future care needs and costs can be necessary to support a claim. Working with attorneys who understand how to compile and present medical and financial evidence can help ensure these complexities are clearly explained to insurers, mediators, or a jury if the case proceeds to trial.

Significant Long-Term Costs

A full legal approach is recommended when a traumatic brain injury produces significant long term care needs, potential loss of earning capacity, or ongoing therapy that affects future expenses. In such cases, accurate life care planning, vocational assessments, and economic analyses are often needed to estimate future costs and losses. Legal representation that coordinates these assessments and presents them clearly can better position a claimant to seek compensation that addresses both current bills and projected long term needs.

When a Focused Approach May Suffice:

Minor, Short-Term Symptoms

A more limited approach to a traumatic brain injury claim may be appropriate when symptoms are mild, resolve quickly, and medical care is brief, with minimal ongoing treatment or impact on daily activities. In these cases, pursuing resolution through direct negotiation with insurers and careful documentation of immediate costs may be sufficient. That said, even mild injuries should be documented, monitored, and reassessed if symptoms persist, because what appears minor initially can sometimes evolve and produce unexpected consequences.

Clear Liability and Minimal Damages

When liability is clear and monetary damages are limited to short term medical bills and modest lost wages, a focused claim handled without extensive investigation may lead to efficient resolution. In such circumstances, gathering clear medical invoices, a concise record of missed work, and straightforward communications with the insurer often resolves things without protracted dispute. Even in these cases, it is important to ensure the settlement fully accounts for any lingering symptoms or potential follow up care that could arise after the agreement is reached.

Common Situations That Lead to Traumatic Brain Injuries

Motor Vehicle Collisions

Motor vehicle collisions are a frequent cause of traumatic brain injuries, where sudden impact or rapid motion causes the brain to strike the inside of the skull and produce symptoms that may appear immediately or develop over time. Documenting the crash scene, obtaining police and medical reports, and recording any witness accounts are important steps to establish how the collision caused injury and to preserve evidence for any related claim.

Slip and Fall Accidents

Slip and fall incidents on public or private property can result in TBIs when a person strikes their head during the fall, and building owners or managers may be responsible when hazards were present or warnings were inadequate. Gathering photographs of the location, incident reports, and maintenance records helps document conditions that contributed to the fall and supports recovery of damages tied to medical treatment and related losses.

Workplace Injuries

Workplace accidents in construction, transportation, or other industries can cause head injuries, and affected workers may need both immediate medical care and a careful review of workers’ compensation and third party liability options. Preserving incident reports, notifying employers promptly, and documenting medical follow up help ensure that workplace injuries are properly recorded and that appropriate benefits and legal avenues are explored.

Dongan Hills Traumatic Brain Injury Attorney — Serving Richmond County

Why Choose Ahearne Law Firm for Your TBI Claim

Ahearne Law Firm PLLC provides focused attention to traumatic brain injury cases in Dongan Hills and the surrounding Hudson Valley communities, emphasizing clear communication and careful handling of medical evidence and claims. Attorney Allan J. Ahearne, Jr. works to understand each client’s medical history, treatment needs, and financial impacts to assemble a thorough presentation of losses. The firm aims to coordinate with medical providers and other professionals to document current and anticipated care needs, enabling informed decisions about settlement offers or further action as needed.

Clients can expect practical guidance about how to preserve records, communicate with insurers, and document the full scope of damages including medical bills, therapy costs, and lost income. The firm addresses both immediate needs and potential long term concerns, assisting with providers and documentation to support a claim. Clear timelines, candid assessments of options, and steady communication are prioritized so clients understand the process and can make informed choices while focusing on recovery and family obligations.

Schedule a Consultation Today

People Also Search For

Dongan Hills TBI lawyer

traumatic brain injury attorney Dongan Hills

Richmond County brain injury lawyer

Hudson Valley traumatic brain injury claim

New York TBI attorney

personal injury traumatic brain injury

Allan J. Ahearne traumatic brain injury

traumatic brain injury claim Dongan Hills

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 fall, or a collision that jars the brain inside the skull. Diagnosis typically involves a combination of clinical evaluation, neurological examination, and imaging such as CT scans or MRI when indicated, along with cognitive testing to document memory, attention, and other functions. Symptoms may include headaches, confusion, memory disturbances, dizziness, mood changes, and sleep disruption, and they can range from transient to persistent depending on severity. Accurate diagnosis and ongoing documentation are important because many symptoms evolve over time and may require follow up with specialists, rehabilitation, or therapy. Keeping detailed medical records, documenting symptom changes, and following recommended care plans help establish the course of injury and support any related claim. Early documentation of the event, treatment, and subsequent limitations provides a clearer foundation for discussions about compensation and care needs.

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

New York law sets time limits for filing personal injury claims, commonly referred to as statutes of limitations, and these can vary depending on the type of claim and the parties involved. For many personal injury actions the typical deadline is two years from the date of the incident, but specific circumstances can affect that timeline, such as claims against governmental entities, which often have shorter notice requirements. It is important to consult promptly so that any applicable deadlines are identified and the appropriate steps are taken to preserve the right to file a claim. Acting early also helps gather time sensitive evidence like witness statements, surveillance, and scene photographs that can be lost if delayed. If you are unsure about a deadline or whether a claim applies to your situation, contacting a law firm for an initial review can clarify timelines and next steps so you do not unknowingly forfeit rights to seek compensation.

What types of compensation can I recover for a TBI?

Compensation in traumatic brain injury matters may include recovery for medical expenses, both immediate and anticipated future care, as well as lost wages and diminished earning capacity when the injury affects the ability to work. Additional damages may address pain and suffering, emotional distress, and loss of enjoyment of life, depending on the case facts and the impact on daily functioning. A full assessment considers the totality of the injury’s effects and attempts to quantify both economic and non economic losses where appropriate. To support a claim for these types of compensation it is important to document medical treatment, therapy, prescriptions, and rehabilitation needs, as well as impacts on employment and household responsibilities. When future care is required, life care plans and input from treating providers are often used to estimate long term costs. These elements together form the basis for settlement discussions or, when necessary, presentation at trial to ensure the injured person’s needs are considered.

How does the claims process typically start after a TBI?

The claims process commonly starts with an initial evaluation to understand the facts of the incident, the nature of injuries, and the identities of involved parties and insurers. Early steps include gathering medical records, obtaining incident and police reports when available, and preserving evidence such as photographs or witness contact details. A preliminary demand may be sent to the responsible party’s insurer outlining injuries and losses, and further documentation is developed to support valuation of the claim based on medical records and economic impacts. Throughout the process there may be negotiations with insurers, requests for additional records, and possibly independent medical examinations or vocational assessments if future care or disability is in dispute. If settlement discussions do not produce a fair resolution, the matter could proceed to litigation, where the documented record and testimony from medical and other witnesses are used to support the claimed damages in court.

Should I still seek legal guidance if symptoms seem mild at first?

Yes. Even when symptoms appear mild initially, seeking legal guidance can be important because some effects of a brain injury develop slowly or persist beyond the early recovery window, and early preservation of records supports later claims. A legal review can identify what medical documentation and evidence to collect, advise on timely reporting to insurers or employers, and help track symptoms that might later affect work or daily life. Erring on the side of caution preserves options should symptoms worsen or additional treatment become necessary. Legal guidance can also assist in communicating with insurers to avoid inadvertent waivers or incomplete statements that affect a claim. Consulting early allows you to take proactive steps like securing witness statements, documenting lost time from work, and ensuring medical follow up is carefully recorded, all of which create a stronger foundation if a claim proceeds.

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

Key medical records for a traumatic brain injury claim include emergency department notes, imaging reports such as CT and MRI scans, hospital discharge summaries, specialist notes from neurologists or neuropsychologists, and therapy and rehabilitation records. Neuropsychological testing and cognitive evaluations can be particularly useful when cognitive or behavioral changes are claimed, as they provide objective measures of function. Medication records and notes regarding ongoing symptom management are also important to document the care plan. Consistency and completeness of medical documentation make a substantial difference in explaining both diagnosis and treatment needs. Keeping copies of bills, receipts, and correspondence with medical providers helps create a full picture of expenses and care, and detailed provider notes that describe functional limitations help quantify the injury’s impact on daily life and work when pursuing compensation.

How are future care and long term needs calculated for settlement purposes?

Calculating future care and long term needs typically involves obtaining life care plans or similar assessments from medical professionals who understand the trajectory of care for a given injury. These evaluations estimate anticipated medical treatments, therapy, assistive devices, home modifications, and attendant care that may be necessary over time. Economic analysis of lost future earning capacity and ongoing out of pocket costs is often prepared by vocational and financial professionals to translate those needs into a monetary estimate for settlement or trial discussions. Coordination between treating clinicians, rehabilitation providers, and economic experts helps ensure projected costs are realistic and appropriately documented. Presenting a comprehensive assessment that ties medical needs to projected expenses makes it easier for decision makers to evaluate the long term consequences of an injury and supports recovery that addresses both current treatment and anticipated future care.

Will my case go to trial or can it be resolved through negotiation?

Many traumatic brain injury claims are resolved through negotiation with insurers, where documented medical records and loss estimates support settlement discussions. Negotiation allows parties to present the evidence and attempt to reach a mutually acceptable resolution without the delays and unpredictability of trial. Skilled advocacy in negotiations helps ensure that offers are compared against realistic assessments of future needs and the likelihood of success at trial, enabling informed decisions about whether to accept an offer or continue pursuing the case. If settlement cannot be reached, the case may proceed to litigation where the evidence is presented before a judge or jury for resolution. Litigation involves additional steps such as discovery, depositions, expert testimony, and formal filings, and while it can be more time consuming, it provides a structured forum to present contested facts and claims when negotiation fails to produce a fair outcome.

How do I preserve evidence and witness accounts after an injury?

To preserve evidence after an injury, document the scene with photographs, save clothing or items involved in the incident, and collect contact information from any witnesses while memories remain fresh. Obtain copies of police, incident, or workplace reports and request medical records promptly to create a complete timeline of events and treatment. Keeping a personal journal that records symptoms, pain levels, medication, and limitations provides useful contemporaneous evidence of daily impacts and changes over time. Promptly notifying insurers and employers as required, while avoiding speculative statements about the cause of the incident, helps preserve your rights. If possible, secure video evidence or surveillance, and ask witnesses to provide written statements. Early collection of these materials reduces the risk that critical evidence will be lost or become unavailable later in the claims process.

What should I expect during an initial consultation with the law firm?

During an initial consultation with the law firm you can expect a careful review of the incident details, medical treatment received, and the ways the injury has affected daily life and work. The attorney or legal representative will ask about dates, providers, symptoms, and any documents you have, and will explain the typical steps in a claim, potential timelines, and what additional records may be helpful. The focus is on understanding your needs and outlining realistic options based on the facts presented. The initial meeting also provides an opportunity to discuss practical concerns such as communication preferences, the role of medical evaluations, and how to preserve evidence while treatment continues. You should leave with clear next steps about gathering records, potential deadlines, and an understanding of how the firm would proceed should you decide to move forward with a claim.

Personal Injury Services in Dongan Hills

Explore our injury practice areas

⚖️ All Personal Injury Services