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 Granville, New York

Personal Injury Advocacy

Complete Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can change lives in a single moment, often leaving survivors and families facing medical, financial, and emotional challenges. If you or a loved one sustained a head injury in Granville or elsewhere in Washington County, it is important to understand the legal steps that may help protect your rights and secure compensation for medical care, lost income, and ongoing needs. The Ahearne Law Firm PLLC represents people in the Hudson Valley and New York to investigate how injuries occurred, preserve evidence, and communicate with insurers while prioritizing the injured person’s medical recovery and long-term well-being.

After a TBI, timely action matters because medical records, witness recollections, and physical evidence can change over time. Seeking prompt medical attention, documenting symptoms and treatments, and notifying relevant insurance carriers are practical steps that support a later claim. A careful investigation may include accident reports, witness interviews, medical records review, and consultation with treating clinicians. Discussing these steps with an attorney can help you avoid missed deadlines and ensure your medical needs are documented thoroughly while we work to build a clear picture of damages and the impact of the injury on daily life and future needs.

Why Legal Help Matters for TBI Cases

Legal support in a traumatic brain injury matter helps you assemble medical records, establish causation, and pursue full compensation for current and future losses. A structured approach can identify liable parties, quantify economic damages such as medical bills and lost wages, and describe non-economic harms like pain, cognitive changes, and diminished quality of life. Working with a firm familiar with local courts and insurers can reduce stress for families by handling negotiations, preserving critical evidence, and coordinating with medical professionals to present a clear narrative of how the injury occurred and how it affects daily functioning and long-term needs.

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

The Ahearne Law Firm PLLC serves individuals and families across the Hudson Valley and New York, including Granville and Washington County. Attorney Allan J. Ahearne, Jr. focuses on personal injury matters and works directly with clients to investigate accidents, coordinate medical documentation, and pursue compensation through settlement or litigation when needed. The firm emphasizes clear communication, careful case preparation, and responsiveness to clients’ questions. When people call (845) 986-2777, they can expect a practical review of the incident, options for moving forward, and guidance about steps to protect health and legal rights.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury can range from a brief concussion to a severe injury that results in long-term cognitive or physical impairment. Legally, a TBI claim requires showing that another party’s negligent or wrongful conduct caused the injury and that the injury led to measurable losses. That involves combining medical documentation of diagnosis and treatment with evidence about how the accident occurred, such as police reports, witness statements, and photos of the scene. The aim is to create a clear link between the incident and the medical outcomes, demonstrating both liability and the extent of harm for compensation purposes.

Because TBI effects may evolve over time, initial symptoms can be subtle and later develop into cognitive, emotional, or physical limitations that affect work and daily activities. It is important to keep thorough records of treatments, follow-up appointments, therapy notes, and any accommodations required at home or work. Documentation of lost earnings, caregiver needs, and changes in lifestyle helps to calculate damages fully. Consistent medical care and a detailed timeline of symptoms and treatments strengthen a claim by showing the progression of injury and the sustained impact on the injured person’s life and independence.

Need More Information?

Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force impacts the head, causing damage to the brain. Symptoms can include loss of consciousness, confusion, memory problems, headaches, dizziness, sensitivity to light or sound, and changes in mood or behavior. Medical providers use imaging, neurological exams, and symptom history to diagnose a TBI. Legally, establishing a TBI in a claim means connecting that medical diagnosis and treatment to the accident or incident that caused it, with records that demonstrate both the cause and the resulting medical and functional consequences.

Concussion

A concussion is a form of mild traumatic brain injury that can result from a blow to the head or sudden jolt. Symptoms may be immediate or delayed and often include headache, confusion, difficulty concentrating, memory lapses, dizziness, and sleep disturbances. Even when imaging does not show structural damage, a concussion can produce real functional impairments. For legal claims, documenting the onset of symptoms, medical evaluations, and any prescribed treatment or restrictions provides evidence that the concussion affected the person’s health and daily activities.

Contusion

A contusion is a bruise of the brain tissue that may occur from direct impact to the head or as part of a closed head injury. Symptoms vary based on location and severity and can include cognitive changes, motor impairments, or sensory effects. Imaging such as CT or MRI can identify contusions and help guide treatment. In legal claims, clear medical imaging and clinician notes that describe the contusion and subsequent care are important to show the physical injury and its consequences for recovery and any ongoing medical needs.

Intracranial Hemorrhage

An intracranial hemorrhage means bleeding inside the skull, which can be life-threatening and may require urgent medical or surgical treatment. Types include subdural, epidural, and intracerebral bleeding, each with distinct risks and treatment pathways. Symptoms can include severe headache, loss of consciousness, neurological deficits, and changes in mental status. For a civil claim, hospital records, surgical reports, and rehabilitation documentation help establish the seriousness of the injury and the need for compensation for past and future medical care and related losses.

PRO TIPS

Document Medical Treatment Carefully

After a head injury, seek medical care immediately and continue with recommended follow-up appointments and therapies so that your condition is well documented. Keep copies of all medical records, bills, appointment notes, and imaging reports to create a comprehensive record of diagnosis and treatment. Share this documentation with your legal representative so it can be used to support claims for medical costs and the broader impact of the injury on daily life and employment.

Preserve Evidence and Witness Information

Collect contact information for anyone who witnessed the incident and keep photos or videos of the scene, vehicles, or hazards that contributed to the injury. Preserve any clothing or equipment involved in the accident and make notes about conditions at the time, such as weather, lighting, and road or property conditions. This evidence can help corroborate medical records and establish fault when the incident is investigated by insurers or in court.

Be Cautious with Early Settlement Offers

Insurance companies may present early settlement offers that do not reflect the full extent of current and future medical needs, lost earnings, and non-economic harms. Before accepting any offer, ensure your medical prognosis and long-term care needs are clearer so you don’t settle for less than what might be necessary to address all losses. Discuss any offer with a legal representative who can evaluate whether the amount fairly accounts for ongoing treatment and life changes following a brain injury.

Comparing Paths for Handling TBI Claims

When Full Representation May Be Best:

Complex Medical Needs and Long-Term Care

Comprehensive representation is often appropriate when medical needs are extensive, ongoing therapies are required, or future care must be estimated and planned. In such cases, assembling medical experts, life-care planners, and vocational assessments helps quantify long-term costs and present a complete picture of damages. A coordinated approach can secure compensation that covers future medical care, assistive devices, and lost earning capacity while organizing the paperwork and negotiations needed for a full recovery plan.

Multiple Liable Parties or Complex Liability

When more than one party may share responsibility, or liability is disputed, a comprehensive legal response helps identify all possible sources of recovery and gather supporting evidence. This may include investigating product defects, unsafe premises conditions, or multiple drivers in a collision. Thorough fact-gathering and legal analysis are useful to coordinate claims against insurers or other entities and to pursue the full range of compensation available under the circumstances.

When a Limited or Targeted Approach May Suffice:

Minor Injuries with Clear Liability

A more limited approach may be reasonable if the injury is minor, liability is straightforward, and medical costs are limited and well documented. In these situations, focused negotiation with an insurer based on clear records may resolve the matter efficiently without extended investigation. It remains important to document treatment and recovery to ensure that all costs are reimbursed and that no significant future needs are overlooked.

Small Claims with Immediate Resolution

When damages are small and the facts are not disputed, a targeted claim or short negotiation can lead to a fair settlement without a full litigation strategy. This can reduce time and legal cost while addressing the injured person’s immediate financial needs. Even in such cases, careful review of the settlement terms is important to make sure the offer covers any lingering medical needs or related expenses.

Situations That Commonly Lead to TBI Claims

Motor Vehicle Collisions

Head injuries are frequently sustained in car, truck, and motorcycle collisions where sudden deceleration, impact with interior vehicle surfaces, or direct blows can cause brain trauma; documenting vehicle damage, police reports, and medical care supports a claim. When symptoms persist or treatment is ongoing, records of lost wages, rehabilitation, and adjustments to daily life help quantify losses and the need for longer-term support and compensation.

Slip and Fall Accidents

Slips, trips, and falls on unsafe property surfaces can produce head impacts that result in concussions or other brain injuries; photographs of hazards, incident reports, and eyewitness accounts strengthen the factual record. Prompt medical attention and ongoing documentation of symptoms and therapies are important for building a claim that shows how the property condition contributed to injury and subsequent losses.

Workplace and Recreational Injuries

Traumatic brain injuries can occur at work, on a job site, or during recreational activities when protective measures fail or hazards are present; employer reports, safety records, and witness statements help clarify how the incident unfolded. In addition to workers’ compensation considerations, third-party claims may exist if another party’s conduct contributed to the injury, and careful documentation supports recovery from all responsible sources.

Granville and Washington County TBI Attorney

Why Choose The Ahearne Law Firm for TBI Matters

Clients in Granville and the surrounding Hudson Valley turn to The Ahearne Law Firm PLLC for attentive handling of personal injury cases, including traumatic brain injuries. Attorney Allan J. Ahearne, Jr. and the firm prioritize clear communication, prompt case review, and a focus on documenting medical needs and losses. When you call (845) 986-2777, you can expect a practical discussion about the circumstances of the incident, what records to preserve, and the potential options for pursuing compensation while you focus on recovery and care.

The firm works to assemble medical records, speak with treating clinicians, and pursue negotiations with insurers to seek recovery for medical expenses, lost income, and other damages. Clients are kept informed about case developments and decisions so they can make choices that best reflect their needs and priorities. The Ahearne Law Firm provides case guidance and handles communication tasks that tend to be time-consuming, allowing injured individuals and their families to concentrate on health and family supports during recovery.

Contact Us for a Free Case Review

People Also Search For

Granville TBI lawyer

Traumatic brain injury attorney Granville NY

TBI claim Washington County

Hudson Valley brain injury lawyer

TBI compensation New York

head injury attorney Granville

personal injury TBI New York

Allan J. Ahearne Jr. TBI

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 wound. Medical diagnosis typically relies on a combination of clinical evaluation, symptom history, neurological testing, and imaging studies like CT or MRI when warranted. Concussions may be diagnosed without structural findings on imaging, while more severe injuries often show physical changes on scans. Timely documentation of symptoms and treatments is important because symptoms can evolve and medical records establish a clear link between the incident and the resulting health problems. From a legal perspective, diagnosing a TBI supports a claim by showing a recognized medical condition that resulted from the incident. Medical records, test results, and clinician notes are essential evidence to demonstrate causation and to show the extent of medical treatment, rehabilitation, and ongoing needs. Keeping detailed records, following medical advice, and preserving evidence of the incident all strengthen the factual basis for recovery of damages related to the injury.

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

In New York, the standard statute of limitations for most personal injury claims is three years from the date of the injury. That means an injured person generally must file a lawsuit within three years of the accident or risk losing the ability to pursue a civil recovery. There are exceptions and special rules that can affect the deadline, such as claims against municipal entities, medical malpractice matters, or situations involving delayed discovery of harm, so the exact deadline can vary based on the circumstances. Because timing rules can be complex and consequences of missing a deadline are severe, it is advisable to consult with counsel early to confirm the applicable statute and preserve your rights. Even in straightforward cases, early investigation helps secure evidence and witness statements before they fade, while determining whether any exceptions or alternative filing deadlines apply to your particular situation.

What types of compensation are available for a traumatic brain injury?

Compensation in a traumatic brain injury case can include economic damages and non-economic damages. Economic damages cover measurable financial losses such as past and future medical expenses, rehabilitation costs, assistive devices, home modifications, and lost wages or reduced earning capacity. These damages are supported by bills, invoices, employment records, and expert assessments that estimate future care costs and earning losses. Insurance policies and the responsible parties’ financial resources affect the practical recovery available in each case. Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, diminished quality of life, and loss of consortium where applicable. In cases involving long-term impairment, life-care plans and vocational assessments can help quantify future needs. The combination of documented medical evidence and careful valuation of non-economic impacts shapes the overall demand for compensation and informs negotiation or litigation strategies.

Should I see a doctor right after a head injury even if I feel okay?

Yes. Seeking immediate medical attention after a head injury is important even if symptoms seem mild at first, because some signs may appear later and early assessment helps rule out dangerous conditions like bleeding or swelling in the brain. A health care provider will document your symptoms, run appropriate tests, and recommend a treatment plan or monitoring schedule. Early records are also vital for any later claim because they establish the initial onset of symptoms and the medical response taken. Delaying care can complicate both medical recovery and legal claims since gaps in treatment or missing documentation may raise questions about the severity or progression of the injury. Prompt evaluation and adherence to recommended follow-up care create a clearer medical timeline and support any claim for compensation tied to the injury and required treatments.

How do insurance companies handle brain injury claims?

Insurance companies often investigate claims thoroughly and may seek to limit liability or reduce payouts. They commonly request early statements, medical authorizations, and recorded statements that can be used to evaluate claims; adjusters may also suggest quick settlements. Because traumatic brain injuries can involve long-term and hard-to-predict effects, insurers sometimes undervalue claims that include future care and non-economic damages, making careful documentation and a strategic response important when negotiating with carriers. To protect your interests, maintain treatment records, preserve evidence, and consider consulting legal counsel before giving recorded statements or signing releases. An informed approach helps ensure offers are weighed against documented needs and projected future costs, and it allows injured parties to make decisions with a clear understanding of what a proposed settlement would and would not cover over time.

Can a minor file a TBI claim for an injury?

Yes. Minors who suffer a traumatic brain injury can seek compensation for injuries, but special rules govern claims involving children. In many cases, a parent or guardian will file a claim on behalf of the minor, and certain statutes of limitations may be tolled until the child reaches majority, creating different filing deadlines. Guardians must act in the child’s best interest and obtain court approval for settlements in some circumstances to ensure the recovery is properly protected for the child’s future needs. Because procedures and timelines for minors can be complex, families should seek guidance early to understand applicable rules and to protect the child’s rights. Careful documentation of medical treatment, educational impacts, and long-term care needs supports any claim for compensation that addresses both immediate and future expenses related to the injury.

What if I was partly at fault for the accident that caused my TBI?

New York follows a comparative negligence rule, which means an injured person may still recover damages even if they were partly at fault, but the recovery is reduced by the percentage of fault attributed to them. For example, if a jury finds that the injured person was partly responsible for the accident, their award will be reduced in proportion to their share of responsibility. This approach allows recovery in many cases where fault is shared, but it also underscores the importance of presenting strong evidence to minimize any percentage of blame assigned to the injured person. Careful investigation and clear presentation of facts can limit the extent to which an injured person is seen as responsible. Gathering witness statements, scene photos, and expert input can help show that the other party’s conduct was the primary cause of the injury and thereby protect as much of the potential recovery as possible given the circumstances.

How long do traumatic brain injury cases usually take to resolve?

The time it takes to resolve a traumatic brain injury claim varies widely depending on medical recovery, the complexity of liability, whether multiple parties are involved, and the willingness of insurers to offer fair settlements. Some cases resolve in months when liability is clear and injuries are well documented, while others require extended negotiation, expert testimony, or court proceedings and may take a year or longer. Estimating future medical needs and recovery timelines can lengthen the process as parties seek to understand the full scope of damages before agreeing on compensation. Because each case is unique, maintaining open communication with counsel and medical providers helps move a claim forward efficiently. Where appropriate, interim needs can be addressed through negotiations or structured settlements while preserving rights to pursue further recovery if additional needs arise later.

Will my case have to go to court?

Many personal injury cases, including those involving traumatic brain injuries, are resolved through settlement negotiations rather than full trials. Settlement is often preferable for both sides because it reduces uncertainty, time, and expense. However, readiness to proceed to trial can be an important bargaining position, and preparation for court may be necessary when liability is disputed or insurers decline to offer fair compensation. Being prepared to litigate ensures that a claim is presented credibly if negotiations break down. Even when a case settles, certain steps such as depositions, expert reports, or mediation may occur during the process. Understanding the stages of a claim and the potential need for litigation helps clients weigh options thoughtfully, and those considerations inform decisions about settlement offers and the preservation of rights.

How much will it cost to hire a TBI attorney?

Many personal injury attorneys, including those who handle traumatic brain injury matters, work on a contingency fee arrangement, which means the attorney’s fee is a percentage of any recovery and there is no fee unless compensation is obtained. This arrangement can make legal representation accessible without upfront hourly costs. Clients should review the fee agreement carefully to understand the percentage, how expenses are handled, and when costs will be deducted from any recovery so they know what to expect financially if a case is successful. In addition to fees, there may be case-related expenses such as fees for obtaining medical records, expert opinions, or filing costs, which are often advanced by the attorney and reimbursed from the recovery. Clear communication about the fee structure, estimated expenses, and billing practices helps clients make informed decisions about pursuing a claim while minimizing surprises during the process.

Personal Injury Services in Granville

Explore our injury practice areas

⚖️ All Personal Injury Services