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) Attorney Serving Purchase, NY

Local TBI Legal Support

Complete Guide to Traumatic Brain Injury Claims

If you or a loved one suffered a traumatic brain injury in Purchase or elsewhere in Westchester County, understanding your legal options can feel overwhelming. This guide explains how a personal injury claim for a TBI can help address medical expenses, rehabilitation, lost wages, and long-term care needs. Allan J. Ahearne, Jr. and the team at The Ahearne Law Firm PLLC represent people injured in the Hudson Valley and New York with a focus on careful case preparation, clear communication, and pursuing fair compensation. Call (845) 986-2777 to discuss your situation and learn what steps to take next toward protecting your recovery and financial stability.

Traumatic brain injuries can produce hidden effects that show up days, weeks, or months after an accident, so early documentation and prompt legal action matter. This section outlines what to expect during a TBI claim, from gathering medical records and witness statements to negotiating with insurers and, if needed, pursuing litigation in New York courts. You will learn how evidence is used, typical timelines, and what types of damages are commonly pursued. The goal is to empower you with practical next steps and to explain how the firm supports clients through every stage of a claim to help obtain funds needed for treatment, rehabilitation, and day-to-day care.

How a TBI Claim Protects Your Future

Pursuing a traumatic brain injury claim is about more than immediate medical bills; it is about protecting your future quality of life and financial security. A successful claim may secure compensation for hospital stays, ongoing rehabilitation, cognitive and occupational therapy, home modifications, and ongoing attendant care. It can also address lost earnings and diminished future earning capacity when the injury affects your ability to work. Beyond monetary recovery, bringing a claim can prompt a thorough investigation into how the injury occurred and create leverage in negotiations that helps ensure you have the resources needed for both short-term treatment and long-term support.

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

The Ahearne Law Firm PLLC serves clients throughout the Hudson Valley and New York, handling personal injury matters including traumatic brain injuries. Allan J. Ahearne, Jr. leads the firm’s personal injury practice and focuses on thorough case development, collaborative client communication, and strategic negotiation with insurers and defense counsel. The firm works closely with medical providers, rehabilitation specialists, and vocational professionals to document the full impact of an injury. With a local presence in Westchester County, the firm is familiar with Purchase area courts, medical networks, and community resources and can guide you through each procedural step while advocating for fair recovery.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury results from external force to the head that disrupts normal brain function and may cause physical, cognitive, emotional, and sensory symptoms. TBIs range from concussions with brief symptoms to severe injuries that require intensive care and long-term rehabilitation. Legally, a TBI claim seeks to link the injury to another party’s negligence or wrongful conduct and to recover damages for medical treatment, therapy, lost wages, pain and suffering, and future care needs. Identifying the injury, documenting its effects, and connecting those harms to the responsible party are central tasks in preparing a successful claim.

Proving a traumatic brain injury claim requires careful collection of evidence such as emergency room records, imaging studies, physician notes, therapy logs, employment records showing lost income, and statements from witnesses or family that document changes in behavior or function. Independent medical evaluations and records from rehabilitation providers also play an important role in establishing the ongoing nature of the injury. Liability must be shown by demonstrating negligence, such as unsafe conditions, careless driving, or inadequate safety measures, and the attorney and medical team work together to translate medical findings into a clear narrative that insurers and courts can evaluate.

Need More Information?

Key Terms and Glossary

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external physical force causes brain dysfunction, which can include swelling, bleeding, or chemical changes in the brain. Symptoms may be immediate or delayed and cover a wide range of issues such as headaches, dizziness, memory loss, changes in mood, difficulty concentrating, and sensory problems. Outcomes vary from full recovery to long-term impairment requiring ongoing care and therapy. In legal claims, the term identifies the medical condition at issue and frames the types of damages and long-term needs a plaintiff may seek to recover in order to address medical treatment, rehabilitation, and changes in daily living.

Diffuse Axonal Injury

Diffuse axonal injury refers to widespread damage to nerve cells in the brain caused by rapid acceleration or deceleration forces, such as those in high-speed collisions or falls. This kind of injury can be difficult to detect on basic imaging and may produce symptoms like prolonged unconsciousness, persistent cognitive deficits, impaired motor function, and changes in personality or behavior. In the context of a legal claim, diffuse axonal injury is important because it can explain significant, long-lasting impairments that affect work, relationships, and daily activities, and it often requires comprehensive medical documentation and specialist input to quantify the injury’s impact.

Concussion

A concussion is a form of mild traumatic brain injury that temporarily alters brain function after an impact or jolt to the head or body. Symptoms commonly include headaches, confusion, sensitivity to light or noise, balance problems, and difficulty concentrating, and although many people recover within weeks, some experience persistent symptoms that interfere with work and daily life. In legal claims, documenting a concussion requires medical records, symptom logs, and sometimes neuropsychological testing to demonstrate the duration and severity of symptoms and how they affect a person’s ability to return to normal activities or employment.

Permanent Impairment

Permanent impairment describes long-term or enduring limitations that result from a traumatic brain injury and that affect a person’s ability to perform daily tasks, work, or engage in social activities as before. Examples include persistent memory problems, reduced concentration, personality changes, motor deficits, or loss of certain senses. Establishing permanent impairment in a claim typically involves medical opinions, functional assessments, and vocational evaluations to show how the injury alters future needs and earning capacity. Compensation for permanent impairment seeks to address lifelong medical care, assistive devices, and lost future earnings.

PRO TIPS

Document All Injuries

Record every symptom and medical visit in writing because early documentation strengthens your claim and helps track recovery patterns over time. Include dates, descriptions of pain or cognitive changes, medications prescribed, and notes from family or caregivers about behavior shifts, and keep copies of all medical reports and imaging. Consistent, detailed records make it easier for medical providers and legal counsel to connect treatment to the accident and to quantify ongoing needs.

Seek Immediate Medical Care

Get medical attention as soon as possible even if symptoms seem mild at first, because some brain injuries have delayed presentations and early care creates a clear record linking injury to the incident. Follow up with specialists when recommended, keep all appointment dates, and ask for copies of test results and provider notes for your files. Prompt and continuous medical care supports both recovery and any subsequent claim by documenting the course of treatment and the persistence of symptoms.

Preserve Evidence

Keep any physical evidence such as damaged helmets, clothing, and photographs of the accident scene, and preserve records of communications with employers, property owners, or insurers that relate to the incident. Collect contact information for witnesses and ask family members to document observed changes in mood, memory, or function, because those observations can be important to proving the real-world effects of a brain injury. Maintaining organized evidence from the start helps the legal team assess liability and damages more efficiently.

Comparing Legal Approaches for TBI Claims

When Comprehensive Representation Makes Sense:

Serious or Long-Term Medical Needs

Comprehensive legal representation is often appropriate when the traumatic brain injury requires ongoing medical care, long-term rehabilitation, or attendant support because those circumstances involve complex calculations for future costs and earning capacity. In such cases the claim may require medical experts, vocational assessments, and careful negotiation to secure adequate compensation that addresses lifelong needs. A full-service approach coordinates these elements to present a clear case for both current and projected damages and to protect the client’s financial stability.

Complex Liability or Multiple Parties

When more than one party may share responsibility, or when liability is disputed, a comprehensive approach helps identify all potentially responsible parties and gather the evidence needed to allocate fault. This can include preserving accident scene data, analyzing maintenance records, and interviewing multiple witnesses to build a complete picture. Coordinating these investigative steps increases the likelihood of holding the right parties accountable and of recovering compensation that reflects the full scope of harm.

When a Limited Approach May Be Sufficient:

Minor, Well-Documented Injuries

A more limited legal approach can be appropriate when an injury is minor, well documented, and the responsible party accepts fault or offers a prompt settlement that fairly covers medical bills and short-term lost wages. In such situations streamlined negotiation with the insurer and careful review of medical records can resolve the matter efficiently without a full-scale investigation. The choice depends on whether the proposed settlement adequately accounts for lingering symptoms and recovery needs.

Clear Liability and Quick Settlement

When liability is clear and the insurance company provides a timely offer that covers documented losses, pursuing a limited approach focused on negotiation may be reasonable for some clients. This method emphasizes clarity in the records, prompt evaluation of offers, and protecting your rights while avoiding prolonged proceedings. Even in these cases it is important to confirm that any settlement adequately addresses possible future consequences of the injury.

Common Situations That Lead to TBI Claims

Motor Vehicle Collisions

Motor vehicle collisions are a leading cause of traumatic brain injuries because sudden stops, impacts, or rollovers can produce forces that jolt the brain within the skull and cause concussions, contusions, or more severe injuries. When a crash is caused by negligent driving, distracted behavior, or impaired operation, injured people often pursue claims to recover medical costs, therapy, and compensation for lost earnings and pain and suffering.

Workplace Accidents

Workplace accidents, particularly in construction, manufacturing, and transportation industries, can cause head trauma from falls, struck-by incidents, or heavy equipment collisions, and those injuries may require extensive medical and rehabilitative care. In addition to workers’ compensation remedies, there may be third-party claims against negligent contractors or equipment manufacturers when unsafe conditions or defective products contributed to the injury.

Falls and Slip-and-Fall Injuries

Falls, whether from ladders, stairs, or same-level slip-and-fall incidents, can lead to significant brain injuries especially for older adults, and establishing property owner negligence can be central to those claims. Documenting hazardous conditions, witness accounts, and timely medical treatment is important to support recovery for medical costs and long-term care needs.

Find a Traumatic Brain Injury Attorney in Purchase, NY

Why Choose The Ahearne Law Firm for TBI Claims

Clients choose The Ahearne Law Firm because of the firm’s local presence in the Hudson Valley, practical approach to case development, and commitment to clear client communication throughout a claim. Allan J. Ahearne, Jr. focuses on understanding each client’s medical needs, daily challenges, and goals for recovery, working with medical and rehabilitation professionals to document the extent of injuries. The firm guides clients through insurance interactions, medical documentation, and decision points with attention to both immediate needs and potential long-term consequences, helping families make informed choices during a difficult time.

The Ahearne Law Firm evaluates each case to determine whether negotiation or formal litigation is the best path to fair recovery and remains prepared to take a case to court if a fair resolution cannot be reached. The firm handles scheduling of medical reviews, collects necessary records, and communicates regularly with clients about progress and strategy. If you or a family member sustained a TBI in Purchase or elsewhere in Westchester County, call (845) 986-2777 to arrange a no-obligation conversation about the facts and next steps for protecting recovery and pursuing compensation.

Contact Us for a Free Case Review

People Also Search For

Purchase TBI attorney

Westchester traumatic brain injury claim

Hudson Valley TBI lawyer

Traumatic brain injury compensation New York

TBI settlement Purchase NY

personal injury brain injury Purchase

brain injury medical evidence

long term care TBI claim

FAQS

What steps should I take immediately after a suspected traumatic brain injury?

Seek immediate medical care and make sure clinicians document all symptoms, tests, and diagnoses, because a medical record created close to the time of injury provides essential evidence linking the event to the condition. If possible, take photographs of the scene and any visible injuries, collect contact details for witnesses, and preserve clothing or equipment that may be relevant. Notify your employer if the injury occurred at work and follow up with recommended specialists or therapy sessions to create a continuous record of care. Keep a detailed symptom journal and copies of all medical reports, imaging studies, therapy notes, and bills, as these items support both medical treatment and a legal claim. Avoid giving recorded statements to an insurance company without consulting the attorney handling your claim, and keep a log of communications with insurers or other parties involved. Early organization of records and timely legal consultation help ensure important evidence is not lost.

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

In New York, the standard statute of limitations for most personal injury claims is three years from the date of the injury, which means legal action generally must be started within that time frame to preserve your right to compensation. There are exceptions and variations depending on the specific circumstances, such as claims against certain government entities that may have shorter filing deadlines and procedural notice requirements, so it is important to verify applicable deadlines as soon as possible. Because of these timing rules, timely consultation with legal counsel helps ensure preservation of claims and prompt investigation while evidence is fresh. Delayed action can lead to lost records, fading witness memories, and missed filing deadlines, so individuals with suspected TBIs should contact an attorney or legal representative promptly to understand the relevant time limits and any steps needed to protect their rights.

What types of damages are available in a traumatic brain injury claim?

Damages in a traumatic brain injury claim may include reimbursement for past and future medical expenses such as emergency care, surgeries, hospital stays, rehabilitation, assistive devices, and ongoing therapy. Claims can also seek compensation for lost wages, loss of future earning capacity when the ability to work is affected, and out-of-pocket costs related to recovery and home care needs. Additionally, claims commonly pursue compensation for pain and suffering, emotional distress, and loss of enjoyment of life resulting from the injury’s effects. When preparing a claim, it is important to document both economic losses and non-economic impacts with medical records, vocational assessments, witness statements, and detailed descriptions of daily life changes so the full extent of damages can be presented to insurers or a court.

How is fault determined in a TBI case from a car accident?

Fault in a car accident TBI case is determined by examining evidence that shows how the crash occurred and whether a driver breached the duty of care owed to others on the road. This can include police reports, traffic citations, vehicle damage analysis, skid marks, witness statements, and video or photographic evidence. The goal is to show that another party’s negligent conduct, such as distracted driving, intoxication, speeding, or failure to yield, was the proximate cause of the crash and resulting injury. Investigators and legal counsel often work with accident reconstruction specialists and review electronic data from vehicles when available to clarify points of fault. Establishing causation between the accident and the traumatic brain injury also relies on medical records and expert medical opinions showing that the injury was a direct result of the collision and explaining the nature and expected course of recovery.

Will my medical records be enough to prove my brain injury?

Medical records are central to proving a brain injury because they document diagnosis, treatment, testing, and clinical observations linking symptoms to the accident. Emergency room notes, imaging reports like CT or MRI when available, neurology consultations, rehabilitation notes, and therapy records together form the medical foundation of a claim and help quantify both current needs and future treatment expectations. However, records alone may not capture functional changes in behavior, cognition, or daily living that relatives or caregivers observe, so corroborating evidence such as neuropsychological testing, vocational assessments, and family statements is often necessary. Timely, consistent medical care and thorough documentation increase the likelihood that records will support claims for both economic and non-economic damages.

How long does a TBI claim typically take to resolve?

The duration of a TBI claim varies widely depending on the injury’s severity, the clarity of liability, the need for specialized medical evaluations, and whether the case settles or goes to trial. Minor cases with clear liability and limited medical needs may resolve in a matter of months, while complex cases that involve long-term care projections, disputed liability, or litigation can take a year or more. Gathering thorough medical and vocational evidence and allowing time to observe recovery are often necessary before negotiating final compensation. If litigation becomes necessary, court schedules and pretrial procedures can extend the timeline, so patience and ongoing communication with your legal team are important. Throughout the process, maintaining up-to-date medical records and documentation of continued symptoms helps ensure the claim reflects the true scope of losses, even if that requires waiting until the extent of recovery is clearer.

Can I pursue compensation if my symptoms appeared days after the accident?

Yes, it is common for traumatic brain injury symptoms to emerge or become more noticeable days or weeks after the initial event, and delayed onset of symptoms does not prevent you from pursuing a claim. It is important to seek medical attention promptly once symptoms appear and to explain the timing and progression of symptoms to treating clinicians so that the medical record reflects the connection between the incident and the subsequent complaints. Document the course of symptoms in a written log and preserve all medical evaluations and correspondence, because a well-documented timeline helps establish causation and the relationship between the accident and later-developing issues. Consulting with legal counsel early after symptoms develop helps ensure deadlines are met and that evidence is preserved while memories and records remain available.

What role do rehabilitation and vocational specialists play in a TBI claim?

Rehabilitation and vocational specialists play a key role in demonstrating the real-world impact of a traumatic brain injury by assessing functional limitations, therapy needs, and the feasibility of returning to work or daily activities. Rehabilitation professionals provide treatment plans, progress reports, and objective measures of improvement or ongoing deficits, while vocational experts evaluate employability, needed accommodations, and potential future earnings losses given the injury’s effects. These specialists help quantify future care needs and lost earning capacity so that claims can seek appropriate compensation for long-term medical services, retraining, home modifications, or assistive devices. Their evaluations are often used in negotiations and, when necessary, presented in court to explain the practical consequences of the injury to judges or juries.

Should I accept the insurance company’s first settlement offer?

You should carefully evaluate any insurance company offer and consider whether it fully addresses current and potential future medical needs, lost wages, and lasting impairments before accepting payment. Insurers may present a prompt settlement that seems convenient but that does not account for ongoing therapy, later-discovered complications, or diminished future earning capacity, and accepting a settlement typically releases the insurer from further liability for the same injury. Before accepting an offer, review all anticipated medical care and life changes resulting from the injury and consult with legal counsel who can assess whether the amount is reasonable. An attorney can help determine whether the offer fairly compensates both current expenses and projected future needs and can negotiate with insurers if the initial offer falls short.

How can family members contribute to a successful TBI claim?

Family members contribute important evidence and support in a traumatic brain injury claim by documenting changes in behavior, daily function, and the level of care required, and by keeping records of appointments, medications, and therapy sessions. Statements from spouses, parents, or caregivers about observed cognitive changes, personality shifts, or limitations in routine tasks help portray the real-life implications of the injury beyond clinical test results. Family involvement also assists with coordinating medical care, collecting bills and receipts, and attending appointments to ensure a consistent treatment record. Their participation strengthens the overall presentation of damages and helps the legal team understand the full scope of recovery needs, caregiver time, and impacts on household functioning.

Personal Injury Services in Purchase

Explore our injury practice areas

⚖️ All Personal Injury Services