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 Hurley, New York

Compassionate TBI Advocacy

Comprehensive Guide to TBI Claims

Traumatic brain injuries can change a life in an instant. When a crash, fall, or workplace accident causes a head injury, the aftermath often includes medical bills, lost income, and ongoing rehabilitation needs. In Hurley and throughout Ulster County, injured people need clear information about their legal options and the steps that protect their rights. The team at Ahearne Law Firm, led by Allan J. Ahearne, Jr., focuses on helping residents understand how to preserve evidence, document symptoms, and pursue compensation that reflects both immediate and long-term needs. If you or a loved one has suffered a head injury, timely action and careful documentation matter.

A successful TBI claim depends on a thorough medical record, careful investigation of the accident, and clear communication with insurance companies and other parties. Early steps often include obtaining emergency and follow-up records, contacting witnesses, and preserving any physical evidence. At Ahearne Law Firm in the Hudson Valley, clients receive guidance about what documentation to keep and how to track ongoing symptoms that may not appear right away. From initial discussions through potential settlement or trial, the goal is to pursue fair compensation while minimizing stress for the injured person and their family. We serve Hurley, Ulster County, and surrounding New York communities.

The Importance and Benefits of Addressing a TBI Claim

Bringing a TBI claim can provide financial relief for medical care, rehabilitation, assistive devices, and lost income, as well as peace of mind for families facing an uncertain recovery. Beyond monetary recovery, the process can help establish the cause of the injury and ensure responsible parties are held accountable, which can reduce the risk of similar incidents in the future. Legal guidance helps turn medical records and test results into a cohesive narrative that insurers and courts can evaluate. For many injured people, pursuing a claim also opens access to resources and referrals for continued rehabilitation and support services in the Hudson Valley area.

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

Ahearne Law Firm PLLC serves Hurley and the broader Hudson Valley with a focus on personal injury matters, including traumatic brain injury claims. Attorney Allan J. Ahearne, Jr. brings decades of litigation experience in New York courts and a local perspective on the needs of injured residents. The firm prioritizes clear client communication, careful case preparation, and practical solutions that align with each client’s circumstances. Whether negotiating with insurers or presenting complex medical evidence at trial, the firm works to secure outcomes that address both immediate expenses and future rehabilitation needs while keeping clients informed at every stage.

Understanding Traumatic Brain Injury Claims

A TBI claim centers on linking the injury to the responsible party and documenting the resulting harm. Medical diagnosis, imaging studies, and neurocognitive evaluations form the foundation, while witness statements and accident reconstruction can clarify how the injury happened. Not all head injuries look the same; some symptoms appear immediately while others develop over days or weeks. Because of that variability, careful medical follow-up is essential. An organized claim will gather hospital records, physician notes, therapy reports, and documentation of lost wages to provide a complete picture of the injury’s impact on daily life and earning capacity.

The legal process may include pre-suit demands, settlement negotiations, and, if needed, court proceedings in New York. Each stage requires attention to deadlines, evidence preservation, and realistic valuation of past and future losses. Insurance companies often balance their interests against the claimant’s needs, so persuasive presentation of medical facts and financial documentation is important. For many clients, pursuing a claim also means coordinating with medical providers to schedule evaluations that quantify cognitive, physical, and emotional impacts. Throughout this process, consistent updates and candid discussion about options help clients make informed choices.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force causes the brain to malfunction, such as from a blow to the head, sudden acceleration-deceleration forces, or penetration injuries. Symptoms can range from brief confusion and headaches to prolonged loss of consciousness, memory problems, mood changes, and cognitive impairments. Diagnosis typically combines clinical examination with imaging like CT or MRI and may include neuropsychological testing to evaluate memory, attention, and processing speed. Long-term effects can vary widely, so accurate diagnosis and ongoing medical follow-up are essential for documenting both treatment needs and the impact on daily functioning.

Concussion

A concussion is a form of mild traumatic brain injury that often results from a direct blow or abrupt motion that shakes the brain inside the skull. Symptoms can include headache, dizziness, confusion, nausea, memory lapses, and sensitivity to light or noise. While some people recover within days or weeks, others experience prolonged symptoms that affect work, school, and relationships. Diagnosis usually relies on clinical assessment and sometimes specialized testing. Proper rest, medical monitoring, and a graded return to activity are standard elements of post-concussion care and important documentation points for any legal claim.

Post-Concussive Syndrome

Post-concussive syndrome refers to symptoms that persist for weeks or months following an initial concussion or mild traumatic brain injury. These symptoms may include ongoing headaches, difficulty concentrating, memory problems, fatigue, irritability, and sleep disturbances. Because symptoms can be subjective and variable, careful medical records, symptom tracking, and objective testing are often necessary to show persistence and functional impact. Treatment may combine medication, cognitive rehabilitation, and lifestyle adjustments. For legal purposes, documentation of continuing symptoms and their effect on daily life supports claims for past and future care and compensation.

Neurocognitive Testing

Neurocognitive testing evaluates cognitive functions such as memory, attention, processing speed, and executive functioning through standardized assessments administered by clinicians. These tests provide measurable data about changes in cognitive performance after a head injury and are often compared to baseline measures when available. Results can help guide treatment plans, rehabilitation goals, and legal documentation of impairment. In personal injury claims, neurocognitive testing can be a key piece of evidence showing the extent and duration of cognitive deficits attributable to a traumatic brain injury.

PRO TIPS

Document Medical Care Promptly

Seek medical attention right away and keep thorough records of every visit, test, prescription, and recommendation. Detailed documentation of emergency treatment, follow-up appointments, therapies, and reported symptoms creates a medical timeline that clarifies the relationship between the incident and your injuries. Copies of bills, referral letters, and therapy notes also help quantify losses and plan for long-term care when evaluating a claim.

Preserve Evidence and Witness Information

Collect names and contact information for anyone who saw the incident and take photos of the scene, vehicles, or hazards while details are still fresh. If documents like maintenance records, incident reports, or surveillance footage might exist, note where they are and when they were created so they can be requested promptly. Early preservation of evidence prevents important materials from being lost and strengthens the ability to show what happened.

Avoid Giving Detailed Recorded Statements Early

Be cautious about providing recorded statements to insurance adjusters before you have a clear picture of your medical condition and recovery trajectory. Early statements made while symptoms are still developing can be incomplete or misleading, which may complicate future negotiations. It is often best to consult about communication strategies so that your rights and position are protected while you focus on medical care.

Comparing Legal Approaches for TBI Matters

When a Comprehensive Approach Is Appropriate:

Complex Medical Injuries

Comprehensive representation is often appropriate when medical records show multi-faceted injury patterns affecting cognition, mobility, and daily functioning. Cases with extensive imaging, ongoing therapy, and long-term rehabilitation needs require careful coordination of medical evidence and specialists to build a complete claim. A full approach helps anticipate future care needs and includes evaluation of long-term economic losses as part of the damages calculation.

Multiple At-Fault Parties

When liability may be shared among multiple parties, a comprehensive strategy helps identify all potential sources of recovery and prioritize claims accordingly. Investigations may include collecting maintenance records, employer reports, and surveillance footage to determine responsibility. Coordinating claims against several parties ensures that compensation considers all available avenues and reduces the risk of overlooking recoverable damages.

When a Narrow Approach May Be Sufficient:

Clear Liability and Mild Injury

A narrower approach can be appropriate when liability is obvious and the injury is mild with a short recovery expected. In such cases, a focused demand supported by medical records and wage documentation may resolve the matter efficiently. The emphasis is on documenting immediate treatment and short-term losses to reach a timely settlement without prolonged litigation.

Fast Settlement Possibility

If the insurer acknowledges responsibility and the total damages are limited, pursuing a prompt settlement can reduce delay and stress for the injured party. A streamlined claim prioritizes key medical records and financial losses to present a clear demand. When circumstances permit, this approach helps injured people move forward without the uncertainty of extended proceedings.

Common Circumstances Leading to TBI Claims

Motor Vehicle Collisions

Auto accidents are a frequent cause of traumatic brain injuries due to rapid changes in motion, impact with vehicle interiors, or direct blows to the head. In addition to emergency treatment, ongoing evaluation and documentation of cognitive and physical symptoms are important for establishing the full extent of harm and related damages.

Slip and Fall Incidents

Slip and fall events on poorly maintained property can lead to significant head injuries, especially when a fall involves striking a hard surface. Photographing hazards, obtaining incident reports, and documenting immediate medical care help link the property condition to the resulting injury and support a claim for compensation.

Workplace and Construction Accidents

Falls from heights, being struck by objects, or machinery incidents on the job can cause TBIs and may involve complex interactions between workers’ compensation and third-party liability. Careful investigation of worksite safety practices and documenting employer reports and medical care are necessary steps in asserting a claim beyond workers’ compensation when appropriate.

Hurley and Ulster County TBI Attorney

Why Choose Ahearne Law Firm for Traumatic Brain Injury Claims

Ahearne Law Firm provides local representation for residents of Hurley and Ulster County who face the complex consequences of a traumatic brain injury. Attorney Allan J. Ahearne, Jr. brings a depth of courtroom experience in New York and a commitment to helping clients navigate insurance interactions and documentation requirements. The firm emphasizes clear communication, thorough preparation, and a practical approach that focuses on the client’s recovery and financial needs, guiding each step from evidence preservation to potential settlement discussions.

Clients working with Ahearne Law Firm benefit from responsive communication, support with gathering medical records and bills, and coordinated access to medical and rehabilitation referrals when needed. The firm frequently handles personal injury matters on a contingency-fee basis, meaning clients do not pay legal fees unless recovery is obtained. This approach allows injured people in the Hudson Valley to pursue compensation without immediate out-of-pocket legal expenses while focusing on treatment and recovery.

Call (845) 986-2777 to Discuss Your TBI Case in Hurley

People Also Search For

Traumatic brain injury lawyer Hurley

TBI attorney Ulster County

Hudson Valley head injury claim

concussion lawyer New York

brain injury compensation Hurley NY

personal injury attorney TBI

Ahearne Law Firm TBI claim

Allan J. Ahearne TBI lawyer

FAQS

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

A traumatic brain injury occurs when an external force causes the brain to function abnormally, often from blows to the head, rapid acceleration-deceleration, or penetrating injuries. Diagnosis begins with a clinical exam by emergency or primary care clinicians and may include imaging such as CT or MRI to identify bleeding, swelling, or structural damage. In many cases, neurocognitive testing is used to evaluate memory, attention, processing speed, and other functions that may be affected. Accurate diagnosis also depends on careful documentation of symptoms over time and comparison with baseline functioning when available. Because symptoms can vary and sometimes develop gradually, ongoing follow-up is important for a complete diagnostic picture. Medical records that track emergency care, hospital stays, outpatient visits, therapy sessions, and any testing results form the backbone of a legal claim. When pursuing compensation, these records help link the injury to the incident and quantify medical and functional impacts, supporting requests for past and future medical care, lost income, and other damages relevant to recovery and daily life.

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

Seeking medical attention as soon as possible after a head injury is important for both health and legal reasons. Early evaluation ensures that potentially serious conditions like internal bleeding or swelling are identified and treated, and it creates an initial medical record that connects the incident to the injury. Even if symptoms seem mild initially, follow-up appointments and documentation of persistent or new symptoms help provide a full picture of the injury’s effects over time. Delays in care can complicate both treatment and claims by leaving gaps in the medical timeline that insurers may question. Keeping records of every visit, test, and recommendation—including imaging, specialist consultations, and therapy—supports a more effective claim. If you are unsure whether to seek care, consult a medical professional promptly and keep copies of all documentation for potential legal review.

Will I need special testing to prove a TBI for my claim?

Specialized testing, such as neurocognitive assessments or detailed imaging, is often part of establishing the presence and severity of a traumatic brain injury. These tests provide objective measures of cognitive function and can show deficits in memory, attention, and processing that may not be apparent on routine exams. In many cases, such testing is helpful to demonstrate the real-world impacts of a head injury and to support claims for long-term care or rehabilitation needs. Not every claim requires the same battery of tests; the need depends on symptoms, medical findings, and the nature of the incident. Consulting with clinicians experienced in head injury assessment ensures that the most appropriate evaluations are ordered. Gathering these results and integrating them into a clear narrative is a key step in presenting a persuasive case to insurers or in court if litigation becomes necessary.

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

New York’s deadlines for filing personal injury claims can vary depending on the circumstances and the defendant. Many personal injury actions must be commenced within a set period after the injury, and there are different rules for claims against municipalities, state entities, or private parties. Because these timelines control whether a claim can proceed, it is important to consult promptly so that any necessary notices or filings are completed within the applicable deadlines. Waiting too long can permanently bar recovery, even when the underlying injury and damages are significant. Early consultation helps preserve options, allows time for investigation and evidence preservation, and ensures compliance with procedural requirements specific to the parties involved. If you believe you have a TBI claim, reach out promptly to discuss the timeline that applies in your case.

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

Yes, compensation in a TBI claim can include current and reasonably anticipated future medical expenses, such as ongoing therapy, assistive devices, and rehabilitative services. Claims may also seek compensation for lost wages and diminished earning capacity when the injury affects the ability to work or reduces future income potential. Demonstrating future care needs often relies on medical opinions, treatment plans, and estimations of ongoing therapy or support services. Accurately valuing future damages usually requires coordination with treating clinicians, vocational specialists, and economists when appropriate. Clear records of past treatment combined with expert projections of future needs help create a credible estimate of long-term costs. Presenting those projections persuasively can lead to settlements or awards that address both immediate and ongoing financial consequences of a traumatic brain injury.

How does the legal process work after I contact Ahearne Law Firm?

After you contact Ahearne Law Firm, the initial steps typically include a confidential discussion of the incident and a review of available medical records and evidence. The firm will advise on immediate actions such as obtaining missing medical records, preserving physical evidence, and collecting witness information. This phase emphasizes organizing the factual and medical basis of a claim so that options and next steps can be evaluated with clarity. If we proceed, the process may include preparing a demand to the insurer, negotiating a settlement, or, if necessary, initiating a lawsuit and moving through pretrial discovery and litigation. Throughout, clients receive updates on progress and strategic choices, and the firm coordinates with medical providers and other professionals as needed to build a comprehensive presentation of damages and liability.

What if the insurance company offers an early settlement?

Insurance companies sometimes make early offers to resolve claims quickly, but such offers may not reflect the full extent of current and future needs, especially when symptoms are still emerging. It is wise to consult before accepting a settlement so you understand whether the offer fairly covers medical bills, ongoing care, lost income, and potential future needs. An early offer might close the door on recovery for future losses that are not yet fully known or documented. Careful evaluation often involves estimating future medical and vocational needs and confirming the likely trajectory of recovery. By reviewing offers with legal guidance and medical documentation in hand, injured people can make more informed decisions about whether to accept a resolution or continue negotiations to secure a more complete recovery.

How do you determine the value of a traumatic brain injury case?

Case value depends on several factors, including the severity and duration of medical treatment, the degree of functional impairment, lost earnings, and any impact on quality of life and daily activities. Objective medical records, imaging results, and testing are weighed alongside financial documentation of bills and lost income. The presence of clear liability and persuasive witness accounts can also influence settlement or trial value. Estimating long-term costs typically involves input from treating clinicians, rehabilitation providers, and sometimes vocational or economic professionals who can project future care and earnings losses. Each case is unique, so case valuation focuses on assembling the records and expert assessments needed to present a realistic estimate of damages to insurers or a court.

Can family members recover damages related to a loved one’s TBI?

Family members may be able to recover damages in certain circumstances, such as claims for loss of consortium, which address how an injury has affected spousal relationships, companionship, and household roles. In cases involving wrongful death from a brain injury, close relatives may have separate claims for funeral expenses, loss of support, and other damages allowed under New York law. Determining available claims depends on the relationship to the injured person and the specific facts of the case. When an injured person is incapacitated, family members can assist in preserving evidence and managing medical care, and they may act as authorized representatives when pursuing claims on behalf of the injured person. Early legal consultation helps clarify which types of family-related claims are available and how to structure them within the broader personal injury case.

What should I bring to my initial consultation?

Bringing any available medical records, hospital discharge papers, imaging reports, and a list of current medications to the initial consultation is very helpful. Also useful are accident reports, photographs of the scene or injuries, contact information for witnesses, and proof of lost wages such as pay stubs or employer letters. Even if some documents are missing, providing whatever you have speeds the initial evaluation and helps identify what should be requested from medical providers or other sources. During the consultation, be prepared to describe symptoms, treatment history, and how the injury has affected daily life and work. Honest, detailed information allows the firm to assess potential liability, estimate damages, and recommend immediate steps to preserve evidence and protect your legal options while you focus on recovery.

Personal Injury Services in Hurley

Explore our injury practice areas

⚖️ All Personal Injury Services