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 Tuckahoe

Compassionate Case Guidance

Comprehensive TBI Claims Overview

A traumatic brain injury can change lives in an instant, affecting a person’s memory, coordination, emotional balance, and ability to work. When a TBI results from a car crash, fall, or other preventable incident in Tuckahoe, injured individuals and their families face medical uncertainty, rehabilitation demands, and financial strain. The Ahearne Law Firm PLLC focuses on helping people understand their legal options and potential paths to compensation. Attorney Allan J. Ahearne, Jr. and the firm provide clear communication about next steps, deadlines, and the evidence needed to pursue a claim while prioritizing the client’s recovery and long-term needs.

If you or a loved one has sustained a traumatic brain injury in the Hudson Valley, it is important to preserve medical records, document the circumstances of the event, and seek prompt legal guidance about your rights. TBI cases often involve specialized medical testimony, careful investigation of accident scenes, and coordination with rehabilitation providers. The Ahearne Law Firm PLLC helps clients gather necessary documentation, identifies liable parties, and explains insurance procedures so people can focus on healing. Our goal is to pursue fair compensation for medical care, lost income, future treatment, and non-economic losses while maintaining open, compassionate client communication.

Why Legal Help Matters After a TBI

Seeking legal help after a traumatic brain injury is important because it helps injured people secure resources for immediate and long-term needs. A thoughtful legal approach can help ensure insurance companies and responsible parties are held accountable, that medical bills and rehabilitation needs are addressed, and that documentation of symptoms and prognosis is preserved. Effective legal support can also arrange for independent medical examinations and coordinate with vocational and life-care planners to estimate future costs. This process protects the injured person’s financial stability while providing a clearer path to treatment and recovery planning.

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

The Ahearne Law Firm PLLC serves individuals across the Hudson Valley and New York who have suffered personal injuries, including traumatic brain injuries. Attorney Allan J. Ahearne, Jr. represents clients through every stage of a claim, from initial investigation to settlement negotiations or trial when appropriate. The firm focuses on clear client communication, thorough investigation, and practical legal strategies tailored to each person’s medical and financial needs. Clients receive assistance obtaining medical documentation, consulting with treating clinicians, and understanding how different forms of compensation can address present and future losses related to a TBI.

Understanding Traumatic Brain Injury Claims

Traumatic brain injury claims often involve complex medical information and multiple sources of fault that must be evaluated carefully. A TBI can stem from blunt force trauma, acceleration-deceleration injuries, or penetrating trauma, and symptoms may evolve over weeks or months. Legal claims require evidence of causation, the extent of injury, and the defendant’s liability. This may involve collecting hospital records, imaging studies, accident reports, witness statements, and expert medical opinions. Timely preservation of evidence and coordinated communication with treating providers strengthen a claim and help ensure that the injured person’s recovery needs are documented and considered in any negotiation or courtroom presentation.

Determining the full impact of a traumatic brain injury requires attention to both objective findings and functional limitations that affect daily life. Insurance adjusters and opposing parties may downplay symptoms that are subjective or intermittent, so it is important to maintain detailed records of treatment, cognitive changes, and rehabilitation progress. Legal advocacy helps assemble a file that connects the injury to medical care and vocational impacts, supporting a fair valuation of past and anticipated expenses. The firm works with clinicians and rehabilitation specialists to translate clinical findings into clear information for insurers, mediators, or juries.

Need More Information?

Key Terms and TBI Glossary

Post-Concussion Syndrome

Post-concussion syndrome refers to ongoing symptoms that persist after an initial concussion or mild brain injury. Symptoms can include headaches, dizziness, cognitive slowing, memory problems, sensitivity to light or noise, and emotional changes. In legal claims, documenting the duration, severity, and impact of these symptoms is important to show that the injury has had lasting effects on daily activities, work, and relationships. Treatment records, symptom logs, and clinician notes are commonly used to support a claim related to post-concussion syndrome.

Diffuse Axonal Injury

Diffuse axonal injury occurs when brain tissue shifts within the skull, causing widespread damage to axons, the nerve fibers that transmit signals between brain cells. It often results from rapid acceleration-deceleration forces in events like high-speed crashes. Symptoms can be severe and long-lasting, including impaired consciousness, cognitive deficits, and physical limitations. Establishing the mechanism of injury, correlating imaging findings with clinical presentation, and documenting ongoing care are essential when diffuse axonal injury is part of a legal claim for compensation.

Glasgow Coma Scale

The Glasgow Coma Scale is a clinical tool used to assess consciousness after a head injury by evaluating eye, verbal, and motor responses. Scores range and help categorize injury severity, which can guide initial treatment and later record interpretation. While GCS is only one piece of the medical record, it can provide helpful context in legal claims to show the immediate severity of a traumatic brain injury. Lawyers often review hospital documentation of GCS scores along with imaging and neurological exams to build a coherent medical timeline.

Life Care Plan

A life care plan is a structured projection of an injured person’s future medical, therapy, assistive device, and custodial care needs and associated costs. For someone with a traumatic brain injury, a life care planner or rehabilitation professional estimates ongoing medical needs, adaptive equipment, home modifications, and caregiving expenses. Life care plans help quantify future financial needs in a claim or court case and provide a basis for negotiating compensation that accounts for long-term care and quality of life impacts.

PRO TIPS

Document Symptoms Consistently

Keep a daily log of symptoms, treatment appointments, and how cognitive or physical changes affect daily tasks because detailed records can clarify the progression and persistence of traumatic brain injury symptoms. Photograph injuries, preserve accident-related items, and request copies of all medical reports and imaging studies to build a comprehensive record. This documentation supports a claim by demonstrating the real-world effects of the injury on work, family life, and everyday functioning.

Seek Prompt Medical Attention

Obtain medical evaluation as soon as possible after an injury to ensure proper diagnosis and to create an official record linking treatment to the event that caused harm, since early documentation helps establish causation. Follow through with recommended imaging and specialist referrals and retain all discharge summaries, prescriptions, and therapy notes. Timely and consistent treatment records strengthen a legal claim and help secure necessary care for recovery and rehabilitation.

Preserve Evidence and Witness Information

Secure contact information for witnesses, take photographs of the scene, and save any physical evidence related to the incident to support how the event occurred and who may be responsible. Report the incident to the appropriate authorities or property managers and obtain copies of accident reports when available. Early collection of evidence and witness statements can prevent disputes over the facts and help corroborate medical findings in a claim.

Comparing Legal Approaches for TBI Claims

When a Full Case Review Is Advisable:

Complex Medical Needs and Ongoing Care

A comprehensive legal approach is appropriate when a TBI results in extensive medical treatment, prolonged rehabilitation, or permanent functional limitations that require future care planning and significant financial recovery. Such cases benefit from coordinated investigation, consultation with rehabilitation professionals, and calculation of long-term costs to present a clear picture of losses. Thoroughly documenting past treatment and future needs makes it possible to seek compensation that addresses both immediate bills and anticipated lifelong care expenses.

Multiple Potentially Liable Parties

When more than one party may bear responsibility for a traumatic brain injury, a comprehensive approach helps identify all sources of liability and pursue appropriate claims against insurers or defendants. This includes gathering accident reports, witness statements, safety records, and any surveillance footage that could clarify fault. A thorough investigation aims to allocate responsibility accurately and maximize the injured person’s opportunity for fair compensation across all available avenues.

When a Focused Approach May Work:

Minor Injuries with Quick Recovery

A narrower legal approach may be appropriate when a head injury is minor, recovery is swift, and medical expenses are limited and well-documented, allowing for a streamlined claim primarily focused on immediate costs. In such situations, resolving the matter through negotiation with an insurer may be efficient and practical without extensive investigation. Even in shorter claims, maintaining clear medical records and documentation helps ensure a fair settlement for out-of-pocket expenses and brief work interruptions.

Clear Liability and Low Damages

If the responsible party’s fault is clear and the total damages are modest, targeted negotiations can resolve the case without prolonged litigation, focusing on medical bills and short-term wage loss. This approach can conserve resources and reach a timely resolution for people whose injuries do not require long-term care or life-altering interventions. Legal guidance remains helpful to ensure that any settlement fully addresses documented economic losses and recovery-related needs.

Common Situations Leading to TBIs

Motor Vehicle Collisions

Car, truck, and motorcycle collisions are frequent causes of traumatic brain injuries due to sudden impacts and forces that jolt the head. These incidents often require coordination between medical records and accident investigation to establish liability and damages.

Falls and Slip-and-Falls

Falls from heights, slips on unsafe surfaces, or trip hazards can lead to head trauma and TBI, especially among older adults. Documenting hazardous conditions, property owner notices, and treatment records helps support claims arising from such incidents.

Assaults and Workplace Incidents

Intentional harm or workplace accidents may produce traumatic brain injuries that involve both criminal and civil remedies. In these cases, coordinating with employers, insurers, and law enforcement records can be important to a full legal response.

Tuckahoe Traumatic Brain Injury Attorney

Why Clients Choose Ahearne Law Firm

Clients come to the Ahearne Law Firm PLLC seeking practical legal support for serious injuries, including traumatic brain injury claims, because the firm prioritizes careful investigation and clear communication. Attorney Allan J. Ahearne, Jr. works directly with clients to review medical records, identify liable parties, and explain the legal process in straightforward terms. The firm focuses on preserving evidence, coordinating with treating clinicians, and preparing coherent presentations of losses so clients understand options for settlement or court resolution while maintaining focus on the injured person’s recovery.

When medical needs extend beyond the immediate emergency, the firm assists in connecting clients with rehabilitation planners, life care estimators, and vocational resources to assess long-term impacts. The Ahearne Law Firm guides clients through insurance procedures and timelines while negotiating with opposing adjusters and claims departments. Throughout a case, the firm emphasizes transparent communication about strategy, potential outcomes, and the financial implications of different resolution paths, helping clients make informed decisions about their claims.

Contact Our Tuckahoe Office Today

People Also Search For

TBI lawyer Tuckahoe

traumatic brain injury attorney Hudson Valley

brain injury claim New York

TBI settlement Suffolk County

head injury compensation Tuckahoe

life care plan brain injury

post-concussion syndrome claim

personal injury TBI New York

FAQS

What are common signs and symptoms of a traumatic brain injury?

Many traumatic brain injuries present with a range of cognitive, physical, and emotional symptoms that can appear immediately or develop over time. Common cognitive signs include memory problems, difficulty concentrating, slowed thinking, and confusion. Physical symptoms often include headaches, dizziness, nausea, sensitivity to light or noise, and changes in sleep patterns. Emotional or behavioral changes such as increased irritability, mood swings, depression, or anxiety are also frequently reported. Because some symptoms are subtle or fluctuate, careful documentation and ongoing medical follow-up are important to identify and treat the full range of effects. Medical providers use clinical exams, patient history, and imaging when necessary to assess brain injury severity and progression. Symptoms that worsen or fail to improve warrant prompt re-evaluation and may require specialist involvement, such as neurology or neuropsychology. For legal claims, the presence and persistence of these symptoms are documented through treatment records, clinician observations, and, when available, cognitive testing results. This documentation is essential to demonstrate the injury’s impact on daily living, employment, and long-term needs.

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

Seek medical attention as soon as possible after a head injury, even when symptoms seem mild at first, because some signs of brain injury can be delayed and early records help establish a clear link between the incident and subsequent treatment. Immediate evaluation can include a neurological exam, imaging studies like CT or MRI when indicated, and instructions for monitoring symptoms at home. Early documentation also helps ensure appropriate medical care is provided and supports any later legal claims by creating a contemporaneous record of the injury and the initial medical response. Delaying care can complicate both recovery and any potential legal case, as gaps in treatment make it harder to show continuity between the event and ongoing symptoms. If the injury occurred in an accident involving other parties, also report the incident to authorities or property managers when appropriate and preserve any evidence while seeking medical evaluation. Maintaining copies of emergency room notes, imaging reports, and follow-up care records is essential for treatment and for supporting legal claims later on.

Can I sue if my TBI happened at work?

If a traumatic brain injury happens at work, injured employees may have multiple avenues to address medical expenses and lost wages, including workers’ compensation benefits and, in certain circumstances, third-party liability claims. Workers’ compensation often covers medical care and some portion of lost wages without proving fault, but it may not fully address pain and suffering or long-term care needs. When a third party outside of the employer is responsible for the incident—such as a negligent driver or a property owner—an injured worker might pursue an additional claim against that party to seek broader compensation. Navigating workplace-related TBIs requires careful analysis of the facts, any applicable insurance coverages, and the legal options available. Documenting the incident, obtaining medical records, and preserving employer reports and witness information support both workers’ compensation filings and potential third-party claims. Legal guidance can help determine whether a third-party action is appropriate alongside workers’ compensation in order to address losses that fall outside the scope of standard workplace benefits.

How is compensation calculated in a TBI case?

Compensation in a traumatic brain injury case typically accounts for economic and non-economic losses, including past and future medical expenses, lost wages and lost earning capacity, rehabilitation costs, and care-related expenses. Medical bills and treatment projections form the basis for economic damages, while the non-economic portion compensates for pain, suffering, and diminished quality of life. In cases involving severe or permanent impairment, courts or negotiators often rely on life care plans and vocational assessments to quantify future needs and lost earning capacity when determining fair compensation. Each claim is unique, and the calculation depends on the available evidence, the accident circumstances, and applicable insurance policies or liability limits. Strong medical records, expert opinions from treating professionals, and careful documentation of work history and daily living impacts are essential to present a comprehensive valuation. The process aims to ensure injured individuals receive sufficient funds to cover ongoing care, therapy, loss of income, and non-economic harms resulting from the injury.

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

In New York, the statute of limitations for personal injury claims generally requires that a lawsuit be filed within three years from the date of the injury, though specific circumstances can affect this timeline. It is important to consult about deadlines promptly because missed filing dates can bar recovery. Certain claims against government entities or involving medical malpractice may have shorter or different limitations and procedural steps, so timely legal review helps preserve rights and identifies any required notice or special filing requirements that must be met. Because each case can involve unique factors—such as delayed discovery of symptoms, multiple liable parties, or administrative notice requirements—seeking guidance early protects options for pursuing compensation. Keeping records of medical treatment and any steps taken to notify insurers or property owners also helps track critical dates. An early review clarifies applicable timelines and ensures necessary filings or notices are completed within legal timeframes.

What evidence is most important in a TBI claim?

Key evidence in a traumatic brain injury claim includes medical records, imaging studies, clinician notes, and documentation of functional limitations and rehabilitation needs. Emergency department records and hospital reports establish initial injury severity and treatment, while follow-up notes from neurologists, neuropsychologists, and therapists help show ongoing impacts. Imaging such as CT or MRI scans, while not always definitive for every TBI, can corroborate traumatic findings and support claims when correlated with clinical symptoms. Additional important evidence includes accident reports, witness statements, photos of the scene, and any surveillance footage that helps establish how the injury occurred and who may be responsible. Employment records documenting lost wages and job duties, along with testimony from treating providers and life care planners, contribute to showing both present and future economic consequences. Comprehensive, organized evidence strengthens credibility and valuation in negotiations or trial presentations.

Will my case go to trial or settle?

Whether a traumatic brain injury case goes to trial or settles depends on many variables, including the strength of liability evidence, the clarity of medical documentation, the degree of damages, and the parties’ willingness to negotiate. Many cases resolve through negotiated settlements when liability is convincing and a fair compensation figure can be agreed upon, allowing clients to avoid the uncertainties of trial. Skilled negotiation aims to secure a timely resolution that covers medical costs, lost income, and long-term needs without extended litigation. However, when opposing parties deny responsibility, undervalue damages, or refuse reasonable offers, a trial may be necessary to obtain full and just compensation. Preparing a case for trial involves gathering witness testimony, expert opinions, and a cohesive presentation of the injury’s impacts. The decision to litigate is made with client input and careful evaluation of the likely outcomes, timing, and costs associated with pursuing a court judgment versus settlement.

Can family members recover damages for a loved one with TBI?

Family members may recover damages in certain circumstances, such as when a loved one’s TBI causes wrongful death or when family members have incurred out-of-pocket expenses or provided necessary caregiving services. Claims for loss of consortium or loss of guidance and companionship can sometimes be brought to address the non-economic impact on close relations. Additionally, if family members have incurred financial losses due to the injury—such as travel expenses for care or lost income while acting as a caregiver—those expenses may be included in a broader damages claim. Each claim involving family recoveries depends on the legal theory invoked and the relationship to the injured person, as well as the jurisdictional rules governing such damages. Careful documentation of caregiving duties, expenses, and the emotional or practical changes in family life helps support these portions of a claim. Legal review clarifies what forms of recovery are available and how they can be pursued alongside the injured person’s own claim.

How do medical records affect a TBI lawsuit?

Medical records are central to a traumatic brain injury lawsuit because they create a contemporaneous account of diagnosis, treatment, and functional status over time. Emergency room notes, hospital discharge summaries, imaging reports, rehabilitation and therapy records, and progress notes from specialists create a medical timeline that connects the injury event to ongoing symptoms and care needs. Consistent and detailed records increase the credibility of the claimant’s account and provide a basis for estimating future medical needs and costs. Gaps in treatment or missing documentation can complicate assertions about causation or severity, so injured individuals are encouraged to obtain and preserve copies of all medical documentation and to follow recommended care. Coordinating with treating clinicians to obtain clear summaries or referrals to appropriate specialists can also strengthen the medical record. For legal claims, organized medical evidence supports damage calculations and helps present a compelling narrative to insurers, mediators, or juries.

What should I do immediately after a TBI-causing accident?

Immediately after an accident that may have caused a traumatic brain injury, prioritize medical evaluation and follow recommended care instructions to ensure health and to create an official record of the injury. Even if symptoms seem mild, seek medical attention because certain signs may emerge over time and early documentation supports both treatment and later legal claims. Preserve evidence from the scene when safe to do so, such as photographs, contact details for witnesses, and accident reports, and keep copies of all medical paperwork, prescriptions, and therapy notes. Contacting a legal advisor early can help protect rights, clarify reporting requirements, and ensure that key evidence is preserved while medical treatment continues. Legal guidance can assist with obtaining accident reports, communicating with insurers, and determining whether other parties might be liable. Acting promptly to document both medical care and incident details improves the ability to seek compensation that covers immediate and long-term needs.

Personal Injury Services in Tuckahoe

Explore our injury practice areas

⚖️ All Personal Injury Services