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 Katonah

Katonah TBI Guidance

Complete Guide to TBI Claims

Sustaining a traumatic brain injury can change daily life in ways that are painful, confusing, and costly. This page explains how the Ahearne Law Firm PLLC represents people in Katonah and Westchester County who have suffered TBIs due to motor vehicle collisions, falls, or other negligent conduct. We describe the legal steps available to pursue compensation for medical care, rehabilitation, lost income, and long-term care needs. If you or a loved one are coping with cognitive, emotional, or physical changes after a head injury, this guide outlines what to expect and how to approach insurance and legal timelines in New York.

Understanding the legal process after a traumatic brain injury helps you make informed decisions during an emotional and stressful time. This introduction covers common early steps in a TBI claim such as obtaining medical documentation, preserving evidence from the accident scene, and contacting the insurance carriers. We also discuss the importance of connecting with medical providers who can track symptoms over time, since TBI symptoms may evolve and affect long-term care needs. The goal of this section is to provide clear, practical information so you can focus on recovery while protecting your rights.

Why Legal Support Matters After a TBI

Pursuing a legal claim after a traumatic brain injury helps ensure access to resources that support medical care and everyday functioning. When negligent conduct caused the injury, a claim can secure funding for diagnostic testing, ongoing rehabilitation, home modifications, assistive devices, and lost earnings. Legal action can also require accountable parties to cover future projected costs related to cognitive therapies and vocational support. Beyond financial recovery, a civil claim creates a documented path for addressing liability and can relieve some of the administrative burden of dealing with insurers while you and your family concentrate on healing and rehabilitation.

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

Ahearne Law Firm PLLC serves clients across the Hudson Valley and Westchester County, including Katonah, handling personal injury matters such as traumatic brain injury claims. Attorney Allan J. Ahearne, Jr. works with individuals and families to gather medical records, consult with treating clinicians, and develop case strategies that reflect each client’s unique needs. The firm focuses on clear communication, attentive case management, and assertive negotiation when appropriate. Clients receive guidance through each phase of a claim so they can pursue the compensation needed to address medical care, household support, and long-term rehabilitation options.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim seeks compensation when another party’s negligent actions caused head trauma that results in physical, cognitive, or emotional harm. In New York, establishing liability typically requires showing that someone owed a duty of care, breached that duty, and caused the injury and damages. For TBIs, the connection between the accident and ongoing symptoms must be supported by medical records, imaging studies, clinical notes, and often neuropsychological testing. An informed approach to documenting diagnosis, treatment progress, and limitations in daily activities strengthens the claim for both current and future needs related to the brain injury.

Medical evaluation and clear recordkeeping are essential when pursuing a TBI claim, because symptoms can be complex and evolve over time. Health providers such as neurologists, rehabilitation physicians, and speech or occupational therapists can document how the injury affects memory, concentration, mobility, and mood. Insurance companies commonly dispute the connection between an incident and cognitive symptoms, so consistent timelines, objective testing, and detailed treatment plans help validate the claim. This section outlines the types of documentation and medical support that typically inform negotiations or litigation in traumatic brain injury cases.

Need More Information?

Key Terms and Glossary for TBI Claims

Traumatic Brain Injury (TBI)

A traumatic brain injury refers to damage to the brain caused by an external force, such as a blow to the head or sudden acceleration-deceleration motion. TBIs range in severity from mild concussions to severe injuries that cause long-term impairment. Symptoms may include headaches, memory problems, reduced concentration, mood changes, and difficulties with balance or coordination. Medical professionals diagnose TBIs through clinical exams, imaging, and neuropsychological testing, and treatment often involves medical monitoring, therapy, and rehabilitation aimed at restoring function and adapting activities of daily living to the individual’s needs.

Neuropsychological Testing

Neuropsychological testing involves a series of standardized tasks and assessments administered by trained clinicians to measure cognitive functions such as attention, memory, processing speed, and executive functioning. These evaluations help determine how a brain injury affects thinking and behavior, and they provide objective data that can track changes over time. Results support medical treatment recommendations and may be used in legal claims to demonstrate functional impairment and the need for ongoing therapies, vocational accommodations, or other forms of care aligned with the individual’s cognitive profile and daily challenges.

Acute Care and Rehabilitation

Acute care refers to the immediate medical treatment provided following a traumatic brain injury, which can include emergency stabilization, imaging, and surgical procedures when needed. Rehabilitation is the ongoing process focused on restoring function through coordinated services such as physical therapy, occupational therapy, speech-language therapy, and cognitive rehabilitation. Rehabilitation plans are individualized, aimed at improving mobility, communication, self-care, and cognitive strategies for everyday tasks. Documenting both acute care and rehabilitation progress is important for showing the scope of medical needs and associated costs in a legal claim.

Loss of Earning Capacity

Loss of earning capacity refers to a reduction in a person’s ability to earn income in the future due to injury-related limitations. For someone with a traumatic brain injury, cognitive or physical impairments may require a change in job duties, reduced hours, or an inability to return to prior work. Demonstrating loss of earning capacity typically involves medical records, vocational assessments, and economic analysis to estimate the difference between pre-injury income and projected post-injury earnings. This concept helps quantify financial compensation for long-term income effects caused by the injury.

PRO TIPS

Document Symptoms Promptly

After a head injury, keep a detailed record of symptoms, appointments, and treatments to create a clear timeline of recovery and setbacks. Note changes in memory, sleep, mood, headaches, or concentration, and share these observations with treating clinicians to ensure they are reflected in medical records. Such documentation supports both medical care and any claims for compensation by establishing how the injury affects daily life over time.

Follow Medical Recommendations Closely

Adhering to prescribed treatment plans, therapies, and follow-up appointments demonstrates commitment to recovery and strengthens the connection between the injury and ongoing symptoms. Skipping care or failing to report changes can create gaps that insurers might use to challenge a claim. Keeping consistent medical engagement also helps providers document progress and functional limitations linked to the brain injury.

Preserve Evidence From the Incident

Collect and preserve evidence such as photographs of the scene, contact information for witnesses, police reports, and any physical items related to the event to support liability claims. Early evidence collection can clarify how the injury occurred and who may be responsible, and it reduces reliance on fading memories. Providing this information to legal counsel and medical providers helps create a comprehensive record for recovery and claims.

Comparing Legal Options for TBI Cases

When a Full Case Approach Is Appropriate:

Complex Medical Needs and Long-Term Care

Comprehensive legal representation is often needed when an injury leads to ongoing medical treatments, rehabilitation, and changing care needs that extend beyond the immediate aftermath. In such cases, claims must account for both present expenses and projected future costs, requiring coordination of medical opinions and economic analysis. A full approach helps ensure that the legal strategy encompasses these long-term needs as part of any settlement or trial preparation.

Disputed Liability or Complex Insurance Issues

When liability is contested or multiple insurers and potential defendants are involved, a comprehensive legal plan helps identify responsible parties and navigate coverage questions. This often requires thorough investigation, collection of records, and negotiation or litigation to resolve disputes. A full-service approach provides structure for addressing contested facts and ensuring claims account for all relevant sources of compensation.

When a Limited Approach May Work:

Minor Injuries with Quick Recovery

A more limited legal approach may be appropriate for injuries that resolve quickly with minimal ongoing care, where liability is clear and medical expenses are modest. In such situations, a focused negotiation with insurers can resolve claims efficiently without prolonged litigation. Choosing the limited path can reduce time and expense when the anticipated damages are straightforward and documentation is concise.

Clear Liability and Cooperative Insurers

If the responsible party accepts fault and the insurer is cooperative in covering reasonable medical bills, a streamlined claim process can lead to timely resolution. This approach still requires careful review of medical records and a clear accounting of losses, but it focuses on efficient settlement rather than extended dispute resolution. It is important to ensure that any settlement fully addresses potential future needs before closing the file.

Common Circumstances That Cause TBIs

Motor Vehicle Collisions

Vehicle crashes often cause traumatic brain injuries through sudden impacts, rapid acceleration-deceleration, or direct blows to the head. These incidents can produce concussions, diffuse axonal injuries, or other forms of brain trauma that require short- and long-term medical attention.

Falls and Slip-and-Fall Incidents

Falls, especially from heights or on hard surfaces, commonly result in head injuries that lead to cognitive and physical symptoms. Property owners and employers may bear liability when hazardous conditions or insufficient safety measures contributed to the fall.

Assaults and Workplace Accidents

Assaults or workplace incidents that involve blows to the head or striking the skull can cause traumatic brain injuries requiring medical intervention. In these cases, liability may be pursued against responsible individuals or employers depending on the circumstances surrounding the event.

Katonah Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC represents individuals and families in Katonah and the surrounding Hudson Valley who are recovering from traumatic brain injuries. The firm provides hands-on guidance through evidence collection, working with treating clinicians, and communicating with insurance carriers to pursue compensation for medical care, rehabilitation, and lost income. Clients receive personalized attention to ensure their medical needs and daily challenges are properly documented, and the firm seeks to structure claims that reflect both immediate and long-term implications of a brain injury on work and family life.

When pursuing a TBI claim, clear communication and careful case management help reduce stress for injured individuals and their families. The firm assists with organizing medical records, obtaining necessary testing, and preparing narratives that explain how the injury affects daily function and employment. By focusing on thorough documentation and practical case planning, Ahearne Law Firm aims to help clients obtain compensation that supports medical recovery, home adjustments, and any vocational transitions required by the injury.

Contact Us to Discuss Your TBI Claim

People Also Search For

Katonah traumatic brain injury lawyer

Westchester TBI attorney

Hudson Valley brain injury claim

New York TBI personal injury

TBI medical compensation

loss of earning capacity TBI

neuropsychological testing TBI

Ahearne Law Firm traumatic brain injury

FAQS

What is considered a traumatic brain injury for legal purposes?

A traumatic brain injury for legal purposes generally means any injury to the brain resulting from an external force that produces functional impairment, whether physical, cognitive, or emotional. This can include concussions, contusions, diffuse axonal injury, and other forms of head trauma that affect memory, attention, executive functioning, mood regulation, or physical coordination. The legal focus is on how the injury has impacted daily life, work ability, and medical needs, which are supported by medical documentation and testing. Medical records, imaging reports, and neuropsychological testing commonly form the backbone of proof in a TBI claim. Treating clinicians’ notes describing symptoms over time, objective findings on scans, and standardized cognitive testing all help demonstrate the presence and severity of the injury. Records showing treatment plans, therapy progress, and how symptoms limit everyday activities will strengthen a case seeking compensation for past and future medical care and related losses.

How do I prove my brain injury was caused by someone else?

Proving causation typically requires linking the event that caused the head trauma to subsequent symptoms and diagnoses through medical records and clinical opinions. Documentation of the incident, emergency and follow-up medical care, and continuity of treatment is important to show that the injury and symptoms are related in time and effect. Witness statements, police reports, and physical evidence from the scene can further support the causal connection between the incident and the brain injury. Insurance companies may request additional evaluations or dispute the link between the incident and ongoing symptoms, so obtaining detailed treatment notes and objective testing early on helps reduce challenges to causation. Consistent reporting of symptoms to medical providers, timely diagnostic imaging or testing, and maintaining clear records of functional limitations strengthen the foundation of a causation argument in both settlement discussions and litigation if necessary.

What types of damages can I recover in a TBI claim?

Damages in a traumatic brain injury claim can include compensation for medical expenses such as emergency care, hospital stays, surgeries, diagnostic testing, and ongoing rehabilitation services. Claimants may also recover for prescription medications, assistive devices, home modifications, and any other reasonable medical costs directly related to diagnosis and treatment of the brain injury. Beyond medical bills, damages may cover lost wages, diminished earning capacity, and vocational rehabilitation if the injury affects employment. Non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress are also commonly claimed depending on the severity and impact of the injury. Proper documentation and, when appropriate, economic or vocational assessments help quantify these categories of damages.

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

In New York, the statute of limitations for most personal injury actions, including many TBI claims, is generally two years from the date of the injury. This deadline means that legal action should be initiated promptly to preserve the right to sue and obtain compensation. Missing the filing deadline can bar recovery unless a specific exception applies, such as a delayed discovery rule under limited circumstances. Because timely investigation and evidence preservation are important, it is advisable to act early after a traumatic brain injury. Early action helps secure medical records, witness statements, and physical evidence that may otherwise become harder to obtain. Consulting with legal counsel soon after the event helps identify applicable deadlines and any exceptions that may affect the timeline for filing a claim.

Should I see a specialist after a head injury?

Following a head injury, seeing appropriate medical providers helps diagnose the extent of harm and informs treatment decisions. While the selection of providers depends on symptoms and access, evaluations by neurologists, rehabilitation physicians, physical therapists, occupational therapists, and speech-language pathologists are commonly part of comprehensive post-TBI care. These clinicians assess physical, cognitive, and communication issues and recommend targeted therapies to support recovery. Neuropsychological assessment may be helpful to document cognitive changes and guide treatment plans. Consistent medical follow-up also ensures that evolving issues are captured in the medical record, which is important for both health outcomes and any legal claim seeking compensation for ongoing needs and functional limitations related to the brain injury.

How are future medical needs and lost earnings calculated?

Calculating future medical needs and lost earnings typically involves medical projections and economic analysis. Medical professionals estimate the likely course of treatment, therapy frequency, and potential need for long-term support, while vocational or economic specialists can assess how the injury affects employability and projected earnings. These combined assessments help generate an estimate of future expenses and income losses that the claim should address. Documentation of current treatment, clear descriptions of functional limitations, and expert opinions from appropriate medical or vocational professionals provide the necessary basis for these calculations. Presenting a reasoned and documented projection helps insurers and courts understand the scope and cost of future needs tied to the brain injury.

What role does insurance play in TBI cases?

Insurance carriers play a central role in many TBI cases because medical expenses and liability coverage are often paid through health, auto, or liability policies. Insurers will investigate the incident, review medical records, and evaluate claims for compensation. Their adjusters may request additional exams or dispute aspects of causation, medical necessity, or the scope of damages, making organized documentation and clear medical support important for claim resolution. When multiple policies or sources of coverage could apply, careful coordination is needed to ensure all available compensation is considered. Early notice to insurers, preservation of records, and clear communication of ongoing medical needs can facilitate resolution, though contested cases may still require negotiation or litigation to secure fair compensation for the injured person.

Can a mild TBI still justify significant compensation?

A mild traumatic brain injury can still have meaningful effects on cognition, mood, and daily functioning that justify significant compensation when those impacts interfere with work or quality of life. Whether labeled mild or more severe, the key consideration in a claim is the actual functional consequences and the documented medical care required. Symptoms such as persistent headaches, memory problems, or difficulty concentrating can impair job performance and activities, creating recoverable losses. Objective testing and consistent medical documentation are important for demonstrating the real-world effects of a mild TBI. Even if initial imaging appears normal, neuropsychological assessments, clinical notes, and therapy records can establish the presence and persistence of symptoms that affect earning capacity and daily life, supporting a claim for appropriate compensation.

What if the responsible party denies liability?

If the responsible party denies liability, the claim process typically shifts toward investigation and evidence development to clarify fault. This can include obtaining police and accident reports, witness statements, scene photographs, traffic camera footage, or other records that document how the incident occurred. Clear, contemporaneous documentation and a careful reconstruction of events can help establish the responsible party’s role in causing the injury. When liability disputes persist, claims may proceed through formal negotiation or litigation to resolve disagreements. Preparing a thorough record of medical treatment, witness testimony, and incident evidence positions the injured person to press for fair compensation and allows a court to consider the factual record if a settlement is not reached.

How can family members help after a TBI?

Family members play a vital role in supporting recovery after a traumatic brain injury by helping gather medical records, keeping appointment schedules, and noting changes in symptoms or behavior for clinicians. They can assist with daily tasks, provide transportation to therapy, and help ensure that treatment plans are followed. Their observations and documentation can be important when medical providers assess the injury’s impact on daily living and when claims seek compensation for caregiving needs. Loved ones may also help coordinate communication among health providers, employers, and legal counsel, and they can provide crucial context about pre-injury functioning and subsequent changes. Emotional support and practical assistance both contribute to rehabilitation and to building a clear record of how the injury affects everyday life and long-term care needs.

Personal Injury Services in Katonah

Explore our injury practice areas

⚖️ All Personal Injury Services