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Traumatic Brain Injury (TBI) Attorney in Tappan, NY

Compassionate Local Advocacy

Your TBI Legal Guide

A traumatic brain injury can change a life in an instant, affecting memory, mood, mobility, and the ability to work or care for loved ones. When a TBI occurs because of another party’s negligence, pursuing a legal claim can help secure financial support for medical care, rehabilitation, and ongoing needs. The Ahearne Law Firm PLLC serves clients in Tappan, Rockland County, and the wider Hudson Valley, helping injured people and their families understand legal options and the steps involved in seeking compensation. Our approach focuses on clear communication, careful investigation, and working with medical providers to document injuries and needs.

Navigating a TBI claim requires attention to medical records, witness statements, and sometimes complex causation issues that link an accident to a brain injury. Timely action matters because evidence can be lost and deadlines apply to filing claims in New York. We assist clients in compiling medical documentation, preserving evidence, and communicating with insurers while protecting the client’s legal rights. Whether the injury resulted from a motor vehicle crash, a fall, a workplace incident, or another form of negligence, the goal is to pursue a recovery that addresses immediate treatment and long term care needs while allowing clients to focus on healing.

Why Legal Support Matters for TBI Claims

Legal support in a traumatic brain injury claim helps families assemble the documentation and advocacy needed to pursue fair compensation for medical care, rehabilitation, and loss of income. Brain injuries are often invisible and complex, with symptoms that evolve over weeks or months, so a thorough approach to gathering records, consulting with medical professionals, and investigating the accident is important. An attorney can handle communications with insurers, negotiate settlements based on documented needs, and, when necessary, present a case in court to pursue full recovery. This process can reduce stress for clients and create a clearer path to long term stability after a life altering injury.

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

The Ahearne Law Firm PLLC represents injured people throughout the Hudson Valley, including Tappan and Rockland County. Led by Allan J. Ahearne, Jr., the firm focuses on personal injury matters and understands how brain injuries affect daily life, work, and family relationships. We work to build clear cases by coordinating with treating physicians, rehabilitation providers, and accident reconstruction professionals when needed. Our local presence means familiarity with regional medical resources and the local courts, and we commit to responsive communication so clients know what to expect at every stage of their claim.

Understanding Traumatic Brain Injury Claims

A TBI claim centers on proving that another party’s negligence caused the injury and that the injury led to measurable losses. Medical records, imaging, neuropsychological evaluations, and testimony from treating professionals often play a key role in establishing diagnosis and prognosis. Claims can include past and future medical expenses, lost wages, diminished earning capacity, and compensation for pain and suffering. Because symptoms may develop over time, early documentation and continuity of care are important to show how the injury affects daily functioning and long term needs for therapy or assisted living.

The claims process typically begins with a detailed investigation of the accident scene, witness interviews, and securing medical records that correlate the incident to the brain injury. Insurance companies will review the file and often try to limit payouts, so careful documentation and clear medical support for treatment plans are essential. Some cases resolve through negotiation, while others require litigation to obtain fair value. Throughout, preserving evidence, following medical recommendations, and maintaining a record of symptoms and limitations strengthens the case for appropriate recovery.

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Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when a blow, jolt, or penetrating injury disrupts normal brain function, ranging from mild concussions to severe injuries that cause long term impairment. Symptoms can include headaches, memory loss, changes in mood or personality, balance problems, and cognitive difficulties. Medical evaluation often involves imaging, neurological exams, and ongoing monitoring because symptoms may change over time. In legal terms, a TBI may be central to seeking compensation when the injury is linked to someone else’s negligence and when the resulting disabilities or expenses create measurable losses for the injured person and their family.

Concussion

A concussion is a form of mild traumatic brain injury typically caused by a direct blow or sudden acceleration and deceleration of the head. Symptoms can be immediate or delayed and include confusion, dizziness, headaches, sensitivity to light, and memory problems. While many people recover fully, some experience persistent symptoms that interfere with work or daily life, which may require further medical care and rehabilitation. In the context of a legal claim, documenting the onset and persistence of symptoms helps show the injury’s impact and supports requests for appropriate medical and financial recovery.

Negligence

Negligence refers to a failure to act with reasonable care that results in harm to another person. Establishing negligence in a TBI claim typically requires showing that a duty of care existed, that the duty was breached, that the breach caused the injury, and that the injury produced damages. This can involve proving unsafe conditions, careless driving, inadequate maintenance, or other lapses that led to the accident. Clear evidence, such as incident reports, witness accounts, and expert or medical testimony, is often necessary to link the negligent act to the brain injury and resulting losses.

Damages

Damages are the financial and nonfinancial losses a person can seek to recover after a TBI, including medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and compensation for pain and suffering and loss of enjoyment of life. Calculating damages requires a careful review of current and projected medical needs, vocational impacts, and the personal ways the injury has altered daily living. Legal claims aim to quantify these losses based on records, professional projections, and testimony so that a settlement or award reflects both immediate costs and future care and support needs.

PRO TIPS

Seek Medical Attention Immediately

If you suspect a brain injury after an accident, seek medical attention as soon as possible and follow the treating provider’s instructions closely. Early evaluation helps document the injury, supports appropriate care, and creates a record that is important if you later pursue a claim for compensation. Keeping a detailed timeline of symptoms, treatments, and instructions from medical professionals strengthens a later case and ensures ongoing needs are addressed promptly.

Document Symptoms and Treatment

Maintain thorough records of medical appointments, tests, medications, and rehabilitation sessions, and note changes in memory, behavior, or daily functioning. Photographs of injuries, copies of medical bills, and a diary of symptoms and limitations create a comprehensive picture of how the injury affects life. Sharing this documentation with your legal representative helps build a clear narrative when discussing compensation and future care needs.

Preserve Evidence and Witness Information

Preserve any physical evidence from the accident, obtain witness names and contact information, and avoid discussing details on social media or with insurance company representatives without legal guidance. Gathering police reports, property maintenance records, or surveillance footage can be critical to proving fault. Promptly collecting and safeguarding this information makes it easier to investigate the incident and present a strong claim.

Comparing Legal Options for TBI Claims

When Comprehensive Representation Helps:

Complex Medical and Future Care Needs

When a brain injury requires ongoing medical treatment, rehabilitation, or long term care planning, a comprehensive approach helps ensure future needs are considered in settlement talks or court proceedings. Building a case that includes projections for lifelong care often requires coordinating with medical and vocational professionals to estimate costs. This coordinated approach aims to secure compensation that addresses both current bills and potential future expenses so clients can access necessary services without financial uncertainty.

Disputed Liability or Serious Fault

If liability is contested or fault is complicated, more thorough investigation and preparation for litigation may be necessary to establish responsibility for the injury. Collecting witness statements, accident reports, and expert analysis can make the difference in proving causation. A carefully developed case helps present a clear connection between the incident and the brain injury when insurers or opposing parties dispute the facts.

When a Limited Approach May Be Sufficient:

Minor Injuries with Clear Fault

In situations where the injury is mild, treatment is brief, and liability is clearly established, a more focused approach to negotiation may resolve the matter without prolonged litigation. Clear documentation of treatment and recovery can support a timely settlement that addresses medical bills and short term lost wages. This limited path can be appropriate when future care is not anticipated and the facts of the accident are not in dispute.

Prompt Resolution Desired

When an injured person seeks a quick resolution to cover immediate expenses and return to routine, targeted negotiation can be the most practical route. Efficient communication with insurers and a concise presentation of damages often leads to a settlement that meets short term needs. This approach still relies on solid documentation of treatment and losses to ensure the resolution is fair and addresses immediate obligations.

Common Situations That Lead to TBIs

Motor Vehicle Collisions

Car, truck, and motorcycle collisions frequently result in head trauma when occupants suffer blows to the head or rapid acceleration and deceleration forces, and these accidents often generate the documentation needed for a claim. Accurate police reports, medical records, and witness accounts help link the crash to the injury and demonstrate the resulting damages.

Slip and Fall Incidents

Falls on uneven walkways, wet floors, or poorly maintained properties can cause head injuries that lead to concussions or more severe brain trauma, and property owners may be liable when conditions were negligent. Prompt reporting, witness information, and medical exams are important to establish causation and support a claim for recovery.

Workplace Accidents

Construction sites, industrial settings, and other workplaces can present hazards that result in head injuries, and both workers compensation and third party claims may be relevant depending on the circumstances. Collecting incident reports, employer records, and medical evaluations helps determine appropriate avenues for compensation.

Tappan Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC represents injured residents of Tappan and the Hudson Valley by providing focused attention to the medical and legal issues that arise after a brain injury. We prioritize careful case preparation, working to obtain full medical records, coordinate with treating providers, and evaluate long term care needs so compensation discussions reflect both current and future expenses. Clients receive direct communication about case progress and options for moving forward, including negotiation or litigation when appropriate to protect their interests.

When you contact the firm, we begin by reviewing the details of the accident and medical treatment to identify potential claims and preservation steps. Understanding local courts and medical resources in Rockland County helps us coordinate the necessary documentation and support. To discuss your situation, call (845) 986-2777 and we can explain initial steps, outline possible avenues for recovery, and work to protect deadlines while allowing you to focus on recovery.

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FAQS

What should I do immediately after a suspected TBI?

Seek medical attention right away and follow all prescribed tests and treatments to document the injury and protect your health. Early evaluation by a medical professional establishes a record of the injury, which is important for both proper care and later claims. Keep a written log of symptoms, doctor visits, medications, and any recommendations for therapy or accommodations. Notify appropriate authorities or employers if the injury occurred at work or in a public place, and preserve any physical evidence related to the accident. Collect contact information for witnesses and avoid posting details on social media. Prompt steps to preserve information and document treatment help support a later claim and ensure that recovery needs are addressed thoroughly.

How is a traumatic brain injury diagnosed?

Diagnosis of a traumatic brain injury typically involves a combination of clinical evaluation, patient history, neurological exams, and imaging tests such as CT scans or MRIs when indicated. Providers may also use neuropsychological testing to assess cognitive, memory, and executive function, especially when standard imaging does not fully explain symptoms. Ongoing monitoring is common because some symptoms evolve over time. Treatment plans vary depending on severity and symptoms, and documentation of each visit, test result, and therapy session strengthens the record for a legal claim. Working closely with treating clinicians and obtaining copies of all medical records and reports supports a clear medical narrative linking the accident to the injury and subsequent care needs.

Can I pursue a claim if symptoms appear later?

Yes. Many brain injury symptoms, such as memory problems, cognitive decline, or mood changes, can appear days, weeks, or even months after an accident. The legal significance often depends on linking the later symptoms to the original event through medical records, testimony from treating clinicians, and evidence that earlier evaluations showed potential for delayed effects. Maintaining continuous medical care and detailed symptom logs helps establish that connection. If symptoms develop later, it is still important to seek prompt medical attention and to preserve all records related to treatment and diagnosis. Timely documentation and consistent follow up make it easier to show causation and the progression of the injury when pursuing compensation for additional medical care or lost income.

What types of compensation are available in a TBI case?

Compensation in a TBI case can include payment for past and future medical expenses, costs of rehabilitation and therapy, lost wages, reduced earning capacity, home modification or assistive care, and non economic damages such as pain and suffering and loss of enjoyment of life. In serious cases, long term care needs and vocational rehabilitation evaluations can factor into determining fair recovery amounts. Each claim is unique and depends on documented needs and projections for future care. Thorough evidence of medical treatment, expert reports regarding long term prognosis, and documentation of work impacts help quantify damages. The goal is to secure resources that address both immediate bills and the likely future care required to support the injured person’s ongoing needs and quality of life.

How long will a TBI claim take to resolve?

The timeline for resolving a TBI claim varies widely depending on the severity of the injury, complexity of liability, and the degree of medical documentation needed. Some cases can reach settlement in a matter of months if liability is clear and treatment is complete, while more complex matters requiring litigation, expert testimony, or long term care projections may take a year or longer. Patience is often needed to ensure future needs are properly assessed. While the process can be lengthy, taking the time to document ongoing medical treatment and potential future costs increases the likelihood of a full recovery. Regular communication with legal counsel and treating providers helps manage expectations and keeps the case moving forward in a deliberate fashion.

Will my medical records be important to my case?

Medical records are central to establishing the nature and extent of a brain injury, documenting the course of treatment, and showing how the injury has affected daily life and work. These records include emergency room notes, imaging studies, hospital records, specialist reports, therapy notes, and medication logs. Complete records help link the accident to the injury and justify claims for medical expenses and long term care. Patients should request copies of all records and keep personal notes about symptoms, limitations, and the impact on routine activities. Sharing records with your legal representative and any consulting medical professionals enables accurate assessment of damages and supports negotiations or court presentations when pursuing compensation.

What if the other party denies responsibility?

When the other party denies responsibility, a thorough investigation becomes even more important to gather evidence supporting fault, such as police reports, surveillance footage, witness statements, or maintenance records. Independent review by accident reconstruction professionals or medical consultants may be needed to show how the incident caused the brain injury. Robust documentation and credible testimony strengthen the case when liability is contested. If settlement negotiations fail, litigation may be necessary to present evidence before a judge or jury, which can lead to a binding determination of responsibility and damages. Throughout this process, clear records and a well developed presentation of the facts and medical impact of the injury increase the chance of a favorable outcome.

Do I have to go to court for a TBI claim?

Many TBI claims are resolved through negotiation with insurers, but some matters proceed to court when parties cannot reach agreement or when liability is strongly contested. Whether a case goes to trial depends on the facts, the extent of injuries, and how negotiations progress. Preparing for court can put pressure on insurers to make reasonable offers, and litigation remains an option to pursue a fair result when settlement is not possible. Decisions about trial versus settlement should be made after careful consultation about the potential risks, timelines, and likely outcomes. A court proceeding can provide a definitive resolution, but it often requires more time and preparation than a negotiated settlement, so weighing options based on each case’s specifics is important.

How do I document ongoing symptoms and limitations?

Keep a daily or weekly journal noting symptoms, cognitive changes, sleep disruptions, mood shifts, and limitations in performing usual activities, and bring this record to medical appointments so providers can document functional impacts. Retain copies of all medical bills, therapy invoices, and notes from rehabilitation sessions, and collect statements from family members or coworkers who observe changes in behavior or ability. Consistent records provide a fuller picture of how the injury affects life over time. Photographs, correspondence about missed work, and documentation of any accommodations or assistive devices also support claims for lost earnings or modification costs. Presenting a comprehensive record of ongoing symptoms and how they interfere with work and daily living strengthens the evidence for both economic and non economic damages.

How does the statute of limitations affect my TBI claim?

New York law sets time limits, called statutes of limitations, for filing personal injury lawsuits, and it is important to act promptly to avoid losing the right to pursue a claim. Deadlines vary based on the type of defendant and the circumstances of the injury, and failing to file within the applicable period can bar legal recovery. Early consultation helps identify the relevant deadlines and preservation steps needed to protect rights. Even when deadlines exist, exceptions or special rules sometimes apply, so discussing the specifics of an incident as soon as possible helps determine the proper timeline and next steps. Prompt action also aids in preserving evidence and witness testimony that may be important to establishing fault and damages.

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