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Traumatic Brain Injury (TBI) Attorney in Glens Falls, NY

Compassionate Local Advocacy

Comprehensive Guide to Traumatic Brain Injury Claims

If you or a loved one suffered a traumatic brain injury in Glens Falls, the path forward can feel uncertain and overwhelming. At Ahearne Law Firm PLLC, Allan J. Ahearne, Jr. and our team focus on helping injured people understand their legal options and the types of compensation that may be available under New York law. We assist clients with investigating the accident, preserving medical records, and communicating with insurers so you can concentrate on recovery. Our office in the Hudson Valley responds promptly to calls at (845) 986-2777 and is prepared to discuss how a claim might proceed and what steps to take right away.

Traumatic brain injuries can result from many kinds of accidents, including motor vehicle collisions, falls, workplace incidents, and assaults. Each case has unique medical facts and legal issues that affect the timeline and potential recovery. We help clients and families by explaining how the claims process works in Warren County and New York State, from gathering medical evidence to negotiating with carriers and, if needed, pursuing litigation. Early action often makes a difference in protecting your rights and securing necessary documentation, so reach out to Ahearne Law Firm PLLC for a straightforward review of your situation and practical next steps.

Why Legal Support Helps After a Traumatic Brain Injury

Handling a traumatic brain injury claim involves more than dealing with insurers; it requires careful documentation of physical, cognitive, and emotional harms and a strategic approach to securing appropriate compensation. Legal support helps organize medical records, obtain expert medical opinions, and present a clear picture of past and future care needs, lost income, and related damages. A well-prepared claim or lawsuit can improve the chance of meaningful recovery by making sure all relevant losses are considered, that medical follow-up is encouraged, and that settlement negotiations reflect the long-term impact of the injury on daily life and family relationships.

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

Ahearne Law Firm PLLC serves clients throughout the Hudson Valley and in Warren County, including Glens Falls. Attorney Allan J. Ahearne, Jr. handles personal injury matters with a focus on helping injured people navigate complex claims after serious accidents. The firm emphasizes attentive client communication, timely investigation, and coordination with medical providers to document injuries and needed care. We work to keep clients informed about options and potential outcomes while pursuing fair compensation for medical bills, rehabilitation, lost wages, and other losses that follow a traumatic brain injury.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury covers a broad spectrum of injuries to the brain caused by an external force, including concussions, contusions, diffuse axonal injury, and more severe traumatic damage. Symptoms can range from headaches and dizziness to memory problems, personality changes, and impaired cognitive function, and they may evolve over weeks or months. Because symptoms can be subtle and may not appear immediately after an incident, documenting medical examinations, imaging studies, and follow-up care is essential to demonstrating the nature and extent of the injury for any legal claim or insurance demand.

Legally, a successful traumatic brain injury claim typically requires showing that another party’s negligence or wrongful conduct caused the incident and resulting harms. That process often includes identifying liable parties, obtaining accident reports, collecting witness statements, and working with treating clinicians to connect the injury to the event. Damages can include past and future medical expenses, lost earnings and earning capacity, pain and suffering, and costs for ongoing care or accommodations. Timely investigation and documentation help preserve evidence and support a full evaluation of potential recovery.

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Key Terms to Know in TBI Cases

Traumatic Brain Injury (TBI)

Traumatic brain injury refers to physical damage to the brain resulting from an external force, such as a blow, jolt, or penetrating injury. This condition can produce immediate and delayed symptoms affecting cognitive function, memory, mood, speech, balance, and sensory perception, and the severity of impairment may change over time. For legal purposes, connecting a TBI diagnosis to the incident requires medical documentation, clinical assessments, and often imaging studies, all of which help establish the injury’s cause, duration, and likely long-term effects when seeking compensation for medical care and related losses.

Concussion

A concussion is a form of mild traumatic brain injury that results from a sudden impact or jolt to the head or body that causes the brain to move rapidly within the skull, producing temporary impairment in brain function. Symptoms can include confusion, memory difficulties, headaches, dizziness, sleep disturbances, and sensitivity to light or sound, and while many people recover, some experience persistent symptoms requiring ongoing care. From a claims perspective, medical notes, cognitive testing, and a documented recovery plan help show how a concussion affected daily life and work duties.

Medical Damages

Medical damages include the reasonable costs associated with treating an injury, such as emergency care, hospital stays, physician visits, diagnostic imaging, rehabilitation services, medication, assistive devices, and anticipated future treatment needs. For traumatic brain injuries, medical damages also account for long-term therapy, cognitive rehabilitation, and any home or vehicle modifications needed to accommodate disabilities. Properly presenting medical damages involves assembling bills, treatment records, prognosis statements, and cost estimates so that compensation requests reflect both immediate expenses and expected ongoing care.

Loss of Consortium

Loss of consortium is a legal concept that addresses the impact an injury has on a spouse’s or family member’s relationship with the injured person, such as loss of companionship, marital intimacy, and support. In traumatic brain injury cases, changes in personality, cognitive ability, or emotional responsiveness can significantly affect close relationships, and loss of consortium claims seek compensation for those non-economic harms. Documentation commonly includes testimony from family members, records of behavioral changes, and descriptions of how daily life and household roles were altered by the injury and its consequences.

PRO TIPS

Document Symptoms Immediately

Start a detailed symptom journal as soon as possible after an incident, recording headaches, memory lapses, sleep disruptions, mood changes, and any other unusual signs that occur, including the time and context of each episode; this daily record can provide a clear chronology of how the injury affected you. Seek prompt medical evaluation even if symptoms seem mild, and insist on follow-up appointments and recommended testing so providers can document progression or improvement. Secure copies of all medical records and bills and share them with your legal representative to support an accurate assessment of damages and needed care.

Preserve Evidence and Witness Accounts

Collect and preserve evidence from the scene of the incident, including photos, video, police or incident reports, and the contact information of witnesses who observed the event or responded afterward, as those materials help establish the circumstances that caused the injury. Obtain written statements when possible and record details about how the injury occurred and any apparent negligence or unsafe conditions, because contemporaneous documentation strengthens claims and clarifies liability. Share this evidence with your legal representative early so that time-sensitive investigation steps, such as retrieving surveillance footage or interviewing witnesses, can be taken without delay.

Follow Medical Advice Closely

Adhere carefully to the treatment plan prescribed by your medical providers, attend scheduled therapies and specialist visits, and document all appointments and prescribed interventions, since consistent care records support claims for both present and future medical needs. Keep a running list of medications, therapy goals, and any recommended assistive services or home modifications that may be necessary, because these items factor into the overall assessment of damages. Communicate clearly with both medical and legal teams about changes in symptoms or recovery expectations so adjustments to the claim or treatment approach can be made timely.

Comparing Legal Approaches for TBI Claims

When a Full Legal Approach Makes Sense:

Complex Medical Needs and Long-Term Care

A comprehensive legal approach is appropriate when a traumatic brain injury requires ongoing medical care, specialized therapies, or long-term accommodations because accurately valuing current and future medical needs demands careful investigation and coordination with treating clinicians. Ensuring a claim accounts for projected rehabilitation, assistive devices, and potential loss of earning capacity requires assembling detailed medical and vocational evidence to support fair compensation. Thorough representation helps preserve rights and pursue the range of damages that reflect both immediate treatment and the continuing needs of the injured person.

Multiple Liable Parties or Disputed Liability

When more than one entity may be responsible for the incident, or when insurers dispute how the injury happened, a comprehensive approach helps identify all potential defendants and develop liability theories supported by witness statements, expert opinions, and documentary evidence. Complex liability scenarios often require additional investigation such as accident reconstruction or consultation with medical professionals to link the incident to the injury. A thorough strategy seeks to ensure every available avenue for recovery is explored rather than relying on a single, potentially incomplete account of events.

When Limited Assistance May Be Appropriate:

Minor Injuries with Clear Liability

A more limited approach can be suitable when injuries are relatively minor, liability is straightforward, and the anticipated medical costs are modest, because the documentation needed for a fair settlement may be minimal and insurer cooperation is likely. In such situations, focused assistance with obtaining and organizing medical bills, drafting a demand letter, and negotiating with a carrier may resolve the matter efficiently. Even when a simpler path is taken, ensuring all relevant records are preserved and reviewed helps avoid undervaluing damages or overlooking delayed symptoms.

Short Recovery, No Ongoing Treatment

If medical providers confirm a short recovery period with no anticipated long-term effects, a limited approach centered on immediate medical expense recovery and short-term lost wages may suffice and reduce the time and expense of pursuing a larger action. Prompt documentation and a clear presentation of incurred costs will usually resolve straightforward claims through negotiation. However, staying alert to any change in symptoms and maintaining medical follow-up ensures a limited settlement does not overlook later-developing issues that could affect recovery demands.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Car, truck, and motorcycle collisions are frequent causes of traumatic brain injuries due to sudden impact forces and head strikes, and these incidents often involve multiple parties whose actions must be investigated to establish responsibility. Medical documentation and accident reports are typically central to developing a claim and demonstrating the connection between the crash and resulting brain injury.

Falls and Slip-and-Fall Incidents

Falls from heights, trip hazards, or slippery surfaces can produce significant head injuries, especially for older adults, and property owners may bear responsibility when unsafe conditions contributed to the event. Timely photographs, witness accounts, and incident reports help show the hazardous condition and support an injury claim.

Workplace Accidents

Workplace incidents, including construction site accidents and industrial events, can cause traumatic brain injuries and may involve workers’ compensation and third-party liability claims depending on the circumstances. Coordinating employer reports, medical treatment records, and potential third-party evidence is often necessary to protect all available rights and recovery options.

TBI Legal Help in Glens Falls, NY

Why Choose Ahearne Law Firm for Your TBI Case

Ahearne Law Firm PLLC focuses on delivering attentive legal assistance to people injured in the Hudson Valley area, offering clear communication and a practical approach to pursuing recovery. Allan J. Ahearne, Jr. and the team aim to thoroughly investigate cases, coordinate medical documentation, and explain legal options so clients understand the likely steps ahead. We emphasize direct client contact and careful case preparation to support negotiations with insurers and, when necessary, litigation in Warren County courts to pursue appropriate compensation.

From initial consultation to claim resolution, our goal is to reduce uncertainty for injured people and their families by handling procedural details, managing document gathering, and advocating for fair consideration of medical and non-economic losses. We will review medical records, speak with treating providers, and develop a presentation of damages that reflects both immediate and long-term needs. If your claim requires additional investigation or testimony, we take the practical steps needed to preserve evidence and present a clear case on your behalf.

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FAQS

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

A traumatic brain injury is an injury to the brain caused by an external force such as a blow, jolt, or penetrating trauma, and symptoms can range from headaches and dizziness to memory loss, cognitive impairment, and changes in mood or personality. Diagnosis typically involves a medical history, neurological exams, cognitive testing, and often imaging studies like CT scans or MRIs; clinicians also monitor symptoms over time since deficits can appear or evolve after the initial event. For legal purposes, establishing a TBI includes documenting emergency treatment, ongoing medical follow-up, and opinions from treating providers that link the injury to the incident. Consistent medical records, diagnostic reports, and specialist evaluations provide the foundation for demonstrating both the existence of a brain injury and its connection to the accident when pursuing compensation for medical costs, rehabilitation, and related losses.

How long does it take to recover from a TBI?

Recovery time after a traumatic brain injury varies widely depending on the injury’s severity, the individual’s health, the promptness of treatment, and the availability of rehabilitation services. Mild injuries such as concussions might resolve over weeks to months, while moderate to severe injuries can produce long-lasting or permanent impairments that require extended therapy and support. Because symptoms can change, recovery projections should be guided by treating medical professionals and updated as progress is tracked, and legal claims should account for both current needs and anticipated future care. Ongoing documentation of treatment plans, therapy progress, and functional limitations is important for assessing the full scope of recovery and formulating a fair compensation request.

What types of compensation can I pursue after a TBI?

After a traumatic brain injury, people commonly pursue compensation for past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, and costs related to rehabilitation or home modifications. Additional recoveries may include reimbursement for out-of-pocket expenses, transportation to and from medical appointments, and other practical costs tied to care and daily living adjustments. Calculating appropriate compensation requires compiling medical bills, treatment records, employment documentation, and expert opinions when projecting future needs or lost earning potential. A careful presentation of these elements helps insurers and courts understand the full financial and personal impact of the injury on the injured person and their family.

How do I prove that an accident caused my brain injury?

Proving causation in a TBI claim involves linking the injury to the incident through medical records, contemporaneous treatment notes, imaging or diagnostic reports, witness statements, and accident documentation. Emergency room notes and early medical evaluations are particularly valuable because they show immediate symptoms and treatment connections to the event. When liability is disputed, additional steps such as obtaining surveillance footage, accident reconstruction, or testimony from treating clinicians can strengthen the causal connection. Maintaining a complete file of medical bills, therapy records, and a symptom diary supports the narrative that the injury resulted from the specific incident and shows its ongoing effects.

Should I accept the first settlement offer from an insurance company?

It is generally wise to review any settlement offer carefully before accepting, because initial offers from insurers often aim to close claims quickly and may not reflect long-term medical needs, lost income, or non-economic harms like pain and suffering. A prompt settlement might seem convenient, but accepting an undervalued offer can prevent recovery for future care or needs that develop after the agreement is signed. Before accepting any offer, gather full medical documentation, obtain a clear prognosis from treating providers, and consider whether the amount covers anticipated future expenses and losses. A measured review helps ensure that any settlement meets the injured person’s current and expected long-term needs rather than creating unexpected financial gaps down the road.

What medical documentation is important for a TBI claim?

Important medical documentation for a TBI claim includes emergency room records, hospitalization notes, specialist evaluations such as neurology or neuropsychology reports, rehabilitation and therapy records, diagnostic imaging like CT or MRI scans, and any ongoing treatment plans or prescriptions. Documentation that shows symptom onset, diagnostic findings, and a recommended care trajectory is central to establishing the nature and severity of the injury. Keeping organized records of appointments, test results, bills, and communications with healthcare providers strengthens a claim’s credibility and helps in calculating past and projected costs. Regular follow-up and adherence to recommended therapies also demonstrate the seriousness of the injury and the reasonableness of medical expenses claimed.

Can family members seek damages for loss of consortium?

Yes, family members such as spouses can seek damages for loss of consortium when a traumatic brain injury significantly alters the injured person’s ability to provide companionship, support, or intimate relations. Claims for loss of consortium focus on the ways the injury has changed the relationship and daily life rather than the injured person’s direct medical or economic losses. Documenting changes in behavior, household participation, emotional connection, and the effects on family roles helps support a loss of consortium claim. Testimony from family members, descriptions of altered responsibilities, and medical or therapeutic observations about personality or cognitive shifts often form part of the evidence in such claims.

What deadlines apply to filing a TBI lawsuit in New York?

Deadlines for filing a traumatic brain injury lawsuit in New York depend on the type of claim and the parties involved, but generally the statute of limitations for personal injury claims is two or three years from the date of the incident; shorter or longer deadlines can apply in specific contexts, so timely review is important. Failing to act within the applicable deadline can jeopardize the ability to recover compensation through the courts. Because statutes and procedural rules vary, it is recommended to seek an early case assessment to identify the correct deadline and ensure necessary steps such as preserving evidence and serving notices are completed in time. Early engagement also helps with obtaining time-sensitive information like physical evidence and witness recollections that may otherwise become unavailable.

How does a TBI affect long-term earning capacity and life care needs?

A traumatic brain injury can substantially affect long-term earning capacity and life care needs depending on the severity and resulting functional limitations, and these impacts are considered when evaluating compensation for lost income and future care. Assessing earning capacity often involves vocational assessments, input from medical providers about work-related restrictions, and projections of how medical needs will affect employment over time. Life care planning addresses anticipated medical, therapeutic, and assistive needs, estimating costs for future care, equipment, and modifications to living spaces. Presenting clear medical prognoses and cost estimates helps ensure damages reflect both immediate expenses and the long-term financial consequences of the injury on the person’s quality of life and ability to work.

How do I start a claim with Ahearne Law Firm in Glens Falls?

To start a claim with Ahearne Law Firm in Glens Falls, contact our office by phone at (845) 986-2777 or through the firm’s website to schedule an initial consultation where we can review the incident details and relevant medical treatment. During the initial review we discuss what happened, any ongoing symptoms, and the evidence that is already available, and we explain the potential next steps for investigation and documentation. If you decide to proceed, we assist with collecting medical records, medical billing, and incident documentation, and we communicate with insurers and other parties as needed while keeping you informed. Our approach aims to reduce procedural burdens on injured people and their families so they can focus on recovery while we pursue appropriate compensation for their losses.

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