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 Shenorock, New York

Compassionate TBI Advocacy

Comprehensive Guidance on Traumatic Brain Injury Claims

If you or a loved one suffered a traumatic brain injury in Shenorock, you likely face significant medical, emotional, and financial challenges. Traumatic brain injuries range from concussions to more severe penetrating injuries, and recovering fair compensation can be a lengthy, technical process that affects long-term care and daily life. At The Ahearne Law Firm PLLC we focus on helping people in Westchester County navigate insurance claims, medical documentation, and negotiations with negligent parties. We aim to be a steady resource for families, providing clear explanations, diligent case preparation, and constant communication so clients can concentrate on recovery rather than legal paperwork.

Traumatic brain injury cases often involve complex medical records, rehabilitation needs, and calculations of future care costs that insurers may undervalue. Our approach is to gather detailed medical evidence, work with treating clinicians and life-care planners, and assemble a persuasive claim that reflects the full scope of injuries and losses. We understand the stress families face when hospital bills mount and work capacity is uncertain. From initial consultation through settlement or trial, we focus on practical steps that preserve your legal rights, help secure medical treatment, and seek monetary recovery that accounts for both current and future needs.

Why Skilled Representation Matters in TBI Cases

Traumatic brain injury claims require careful handling to ensure victims receive compensation that covers ongoing care and quality-of-life changes. Insurers often undervalue non-economic harms such as cognitive impairment, personality changes, and decreased independence, while also disputing causation and long-term prognosis. By developing a thorough record that includes objective testing, rehabilitative plans, and witness accounts, a legal advocate can present a credible narrative that supports fuller compensation. Proper representation also manages deadlines, preserves evidence, coordinates with medical professionals, and negotiates with insurers so that injured people and their families can focus on healing rather than prolonged disputes.

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

The Ahearne Law Firm PLLC serves clients across the Hudson Valley and New York, helping people with personal injury matters including traumatic brain injury claims. Attorney Allan J. Ahearne, Jr. represents individuals and families from intake through resolution, taking a practical approach to assembling medical records, consulting appropriate treating clinicians, and advocating for fair resolution. The firm prioritizes clear communication with clients, regular updates, and early development of case strategies that reflect the client’s medical needs and financial realities. When litigation becomes necessary, the firm prepares thoroughly to present medical evidence and witness testimony to protect clients’ interests in court.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim centers on proving that another party’s negligence caused the injury and resulting damages. That requires showing how the incident occurred, documenting the nature and extent of the brain injury, and linking current limitations to the accident. Medical imaging, neuropsychological testing, treating physician notes, and rehabilitation records all play key roles in establishing the severity and prognosis of a brain injury. In many cases, additional professionals such as vocational evaluators and life-care planners help quantify lost earning capacity and future medical needs, which strengthens the claim for compensation that accurately reflects long-term effects on daily living and employment.

Insurers may challenge TBI claims by questioning causation, asserting preexisting conditions, or minimizing the severity of symptoms. A focused legal approach organizes medical chronology, preserves early treatment records, and anticipates common defenses by obtaining objective testing and independent medical opinions when appropriate. It also pays attention to non-economic impacts such as emotional adjustment, relationship strain, and reduced enjoyment of activities, which contribute to overall damages. Timely investigation of the scene, witness statements, and accident reconstruction—when relevant—can further buttress a claim and reduce the likelihood of denial or low settlement offers.

Need More Information?

Key Terms and TBI Glossary

Concussion

A concussion is a type of mild traumatic brain injury caused by a blow or jolt to the head that temporarily disrupts brain function. Symptoms can include headache, dizziness, confusion, memory issues, and sensitivity to light or noise, and they may appear immediately or develop over days. Although labeled mild, concussions can produce lingering cognitive and emotional changes that affect work and daily activities, and repeated concussions increase the risk of long-term problems. Documenting symptoms, medical visits, and testing results is essential to establishing the effect of a concussion in a personal injury claim and to planning appropriate follow-up care.

Penetrating Brain Injury

A penetrating brain injury occurs when an object breaks the skull and enters the brain tissue, causing localized damage and often producing significant physical and cognitive impairments. These injuries can result in long-term disabilities, including motor deficits, sensory changes, speech difficulties, and cognitive decline, and they typically require immediate surgical care and prolonged rehabilitation. Because the medical consequences are often pronounced and ongoing, thorough documentation of surgeries, hospital stays, rehabilitation progress, and durable medical equipment needs helps establish the scope of damages in a legal claim and supports requests for compensation to cover future care.

Diffuse Axonal Injury

Diffuse axonal injury is a form of brain trauma characterized by widespread shearing of nerve fibers within the brain, often caused by rapid acceleration or deceleration during a crash or fall. Symptoms may include prolonged unconsciousness, cognitive impairment, and motor deficits, and the injury can produce long-term neurological and functional limitations. Diagnosing diffuse axonal injury can require advanced imaging and neuropsychological testing, and showing the link between the event and subsequent impairments is important for securing compensation that reflects both medical treatment and ongoing support needs.

Post-Concussion Syndrome

Post-concussion syndrome refers to a set of symptoms—such as headaches, concentration difficulty, sleep disturbances, and emotional changes—that persist for weeks or months after an initial concussion. The persistence of these symptoms can interfere with work, school, and personal relationships, and may require multidisciplinary care including neurology, physical therapy, and cognitive rehabilitation. Properly documenting the onset and duration of symptoms, treatment efforts, and functional limitations helps ensure these ongoing effects are considered in a settlement or trial focused on securing compensation for both current and future care needs.

PRO TIPS

Document All Medical Care Immediately

After a head injury, seek prompt medical evaluation and keep detailed records of every appointment, test result, and treatment plan because these documents form the foundation of a successful claim. Even if symptoms seem minor at first, note changes in mood, memory, sleep, and concentration and report them to your medical providers so they appear in the clinical record. Maintaining a medical timeline and copies of bills and prescriptions supports both insurance negotiations and any later legal action to recover compensation for medical care and related losses.

Preserve Evidence and Witness Information

Preserving evidence, such as photos of the accident scene, damaged vehicles, and visible injuries, strengthens your case by creating a clear record of what happened. Collect contact information for witnesses and ask for brief statements about what they observed so their accounts can be corroborated if needed. Early collection of evidence helps recreate the incident if memories fade and ensures investigators and treating clinicians can piece together an accurate picture of the forces and outcomes involved.

Track Daily Functional Changes

Keep a daily journal noting cognitive challenges, mood changes, sleep patterns, and limitations in daily activities to document how the injury affects everyday life because such entries can illuminate non-medical impacts that are often overlooked. Share these records with your medical team so providers can address symptoms comprehensively and include them in treatment notes. Detailed daily tracking supports a more complete assessment of damages and helps explain to insurers or a court the real-world consequences of the brain injury on routine functioning and relationships.

Comparing Legal Approaches for TBI Claims

When a Full Legal Approach Is Appropriate:

Complex Medical and Rehabilitation Needs

Comprehensive legal representation is important when brain injuries involve extensive medical intervention, long-term rehabilitation, or uncertain prognosis, because assembling a complete record is time-consuming and medically intricate. A thorough approach coordinates multiple treating clinicians, compiles objective testing, and engages vocational and life-care assessments to quantify ongoing needs and lost earning capacity. This level of preparation increases the likelihood that a claim will reflect both present and future costs associated with the injury, providing a clearer path toward a settlement or verdict that addresses lifelong consequences.

Disputed Liability or Causation

When insurers dispute who caused the injury or whether the accident produced the brain injury, a comprehensive legal approach pursues independent evaluations, reconstructs the incident as needed, and solicits witness statements to establish causation. This method anticipates common defenses and prepares medical and nonmedical evidence to rebut challenges to the claim. Developing a broad evidentiary record can change the course of settlement talks and strengthen the case if litigation becomes necessary to secure fair compensation for medical treatment and related losses.

When a Targeted, Limited Approach May Be Enough:

Minor, Quickly Resolved Injuries

A more limited approach can be appropriate when the head injury is mild, symptoms resolve quickly, and medical treatment is brief, because the likely damages are smaller and easier to document with basic records. In these cases it may be sufficient to present emergency and follow-up visit notes, imaging results if performed, and short-term wage loss documentation to negotiate a fair resolution. A streamlined handling reduces time and expense while still protecting legal rights and ensuring immediate medical costs are considered by insurers.

Clear Liability with Minimal Dispute

If liability is clear and the medical injuries are straightforward, a limited legal approach focused on swift negotiation may achieve a fair settlement without extensive investigation or expert assessments. Quick resolution is often possible when accident circumstances are documented, witness accounts align, and medical records confirm treatment and recovery. This path can expedite compensation for medical bills and short-term wage loss while avoiding prolonged legal proceedings that may not be necessary for minor injuries.

Common Situations That Lead to TBI Claims

Automobile and Motorcycle Collisions

Motor vehicle collisions frequently cause traumatic brain injuries through sudden force and impact, producing concussions or more severe brain trauma that require immediate and ongoing care. Proper documentation of the crash, police reports, witness statements, and prompt medical treatment records supports claims for medical costs, rehabilitation, and other damages.

Slip and Fall Accidents

Slips, trips, and falls at businesses or on poorly maintained property can result in head injuries when the skull strikes a surface or the body undergoes rapid deceleration. Preserving scene evidence, surveillance footage, and incident reports helps establish property owner responsibility and the link between the accident and subsequent medical treatment.

Workplace and Construction Injuries

Workplace incidents, including falls from heights or struck-by events on construction sites, often produce brain injuries requiring complex medical care and time away from employment. Coordinating workers’ compensation documentation with third-party claims against negligent parties can be necessary to secure full compensation for medical expenses and lost wages.

Shenorock Traumatic Brain Injury Attorney

Why Choose The Ahearne Law Firm for TBI Claims

Families in Shenorock and across Westchester County turn to The Ahearne Law Firm PLLC for focused attention on traumatic brain injury claims because we prioritize clear communication and practical case strategies tailored to individual needs. We assist with gathering medical records, communicating with insurers, and coordinating evaluations that illustrate the full effect of a brain injury on daily living and employment. Our role is to manage the legal process so clients can focus on treatment and recovery while we pursue compensation that accounts for both immediate care and projected future needs.

The firm represents clients throughout New York, including the Hudson Valley, and is prepared to take cases to trial when necessary to protect clients’ interests and seek fair outcomes. Attorney Allan J. Ahearne, Jr. works directly with families to explain legal options, demonstrate the value of documented medical care, and prepare claims that reflect the real costs of care and lost earning potential. We provide responsive support, regular updates, and a commitment to developing a persuasive record for settlement discussions or courtroom presentation when required.

Contact Us Today for a TBI Consultation in Shenorock

People Also Search For

Shenorock traumatic brain injury lawyer

TBI attorney Westchester County

traumatic brain injury claim Hudson Valley

concussion injury lawyer New York

brain injury compensation Shenorock

post-concussion syndrome attorney

TBI settlement negotiation Shenorock

Allan J. Ahearne Jr. traumatic brain injury

FAQS

What steps should I take immediately after a head injury in Shenorock?

Seek medical attention right away and make sure the visit and any tests are documented because early medical records are vital in linking symptoms to the injury and showing the timeline of care. If possible, preserve evidence from the scene by taking photographs of hazards, vehicles, or surroundings and gather contact information from witnesses who saw the incident. Report the accident to the appropriate authority, such as police or property management, and retain copies of those reports to support your later claim. Keep a detailed personal log of symptoms, medications, and how the injury affects daily activities since such notes can supplement medical records when describing non-economic impacts like memory problems, mood changes, or reduced independence. Inform all treating providers about your symptoms and discuss follow-up plans so they are reflected in clinical notes. Contact a local personal injury firm to understand deadlines and options for pursuing compensation while you focus on recovery.

How do I prove that my brain injury was caused by someone else's negligence?

Proving negligence generally requires showing that another party owed a duty of care, breached that duty, and caused the injury and resulting damages. Evidence can include police reports, surveillance video, witness statements, photographs of the scene, and accident reconstructions that demonstrate how the incident occurred and who was responsible. Establishing a clear link between the event and the brain injury also relies heavily on contemporaneous medical records, imaging studies, and physician notes that document the nature and timing of symptoms. Medical testimony and objective testing often strengthen proof of causation, particularly when insurers question whether symptoms are injury-related or preexisting. Coordinating medical records with expert opinions from attending clinicians, neurologists, or neuropsychologists can clarify how the injury arose and its expected trajectory. A well-documented chain of treatment, combined with scene evidence and witness accounts, creates a persuasive record to support a negligence claim seeking compensation for medical costs and related losses.

What types of compensation can I pursue for a traumatic brain injury?

Compensation in traumatic brain injury claims often includes reimbursement for past and future medical expenses such as hospital stays, surgeries, medications, rehabilitative therapies, and durable medical equipment. Victims may also seek recovery for lost wages, reduced future earning capacity, and the cost of caregivers or home modifications when the injury causes lasting functional limitations. Economic damages are supported by medical bills, employment records, and assessments from vocational or life-care planners to calculate future costs related to treatment and lost income. Non-economic damages may compensate for pain and suffering, emotional distress, loss of enjoyment of life, and changes in personal relationships caused by the injury. These intangible losses can be significant in brain injury cases and often require detailed documentation of symptom severity, daily life impacts, and testimony from family members or healthcare providers. When liability is contested, building a comprehensive record of both economic and non-economic harms helps establish the total value of the claim.

How long does it take to resolve a TBI claim in New York?

The timeline to resolve a traumatic brain injury claim varies according to the injury’s severity, the clarity of liability, and whether the case settles or goes to trial. Minor cases with clear liability and limited medical care may resolve relatively quickly, while serious injuries that require extended treatment and evaluations often take longer as parties wait for medical stability before valuing future needs. Insurance companies may delay settlement until the full extent of damages is known, including long-term rehabilitation or vocational limitations. If litigation becomes necessary, the process can extend further due to discovery, depositions, and court scheduling, but it may be required to secure complete compensation when negotiations fail. To reduce delay, timely collection of medical records, early investigation of the incident, and clear communication about goals can streamline resolution. Your legal representative will explain likely timelines based on the specifics of your case and work to move your claim forward efficiently while protecting your interests.

Can I file a claim if symptoms appeared days or weeks after the accident?

Yes. Symptoms of a brain injury sometimes do not manifest immediately and may appear hours, days, or even weeks after the initial event. Because of this delayed onset, it is important to seek medical evaluation as soon as symptoms arise and to explain any prior incident that could be related. Prompt documentation of symptoms and medical visits helps establish a connection between the accident and later-developing complaints, which supports a claim for compensation. Keeping a clear record of when symptoms began, any related medical consultations, and changes in daily functioning strengthens the causal link for insurers and a court. If you delay seeking care, insurers may argue that your symptoms are unrelated or preexisting, so documenting the progression and treating it seriously with clinicians who can evaluate cognitive and neurological functioning helps preserve legal options.

Will my medical records be sufficient to support a TBI claim?

Medical records are central to supporting a traumatic brain injury claim because they capture objective findings, diagnostic imaging, treatment plans, and clinician observations that link the injury to ongoing symptoms. Emergency room notes, imaging results, neurology consultations, physical and occupational therapy reports, and prescriptions create a timeline that demonstrates the injury’s impact and the necessity of medical care. Consistent documentation over time also helps quantify the extent of ongoing needs and provides a basis for calculating economic damages. However, medical records are most effective when supplemented by additional evidence such as witness statements, accident reports, daily symptom logs, and evaluations from treating providers who can describe functional limitations. In some cases, independent medical examinations or neuropsychological testing may be used to further substantiate cognitive deficits and prognosis. Together, these records form a comprehensive picture that supports both liability and damages claims.

How do insurers evaluate long-term care needs after a brain injury?

Insurers evaluate long-term care needs by reviewing medical records, prognoses provided by treating clinicians, and assessments from rehabilitation professionals or life-care planners who estimate future medical and support requirements. They consider current treatment intensity, expected recovery trajectory, age, preexisting conditions, and the likelihood of ongoing therapy or assistive services. Documentation that quantifies anticipated costs and links them to the injury helps ensure that long-term care requirements are reflected in settlement discussions. When insurers challenge projected needs, objective testing, detailed treatment plans, and opinions from qualified treating providers or planners can clarify expected care pathways and associated expenses. A comprehensive presentation that includes anticipated therapy frequency, medical equipment, home modifications, and caregiver costs makes it more difficult for insurers to minimize future-care components of a claim, improving the chances of securing compensation that covers long-term support.

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

Insurance companies may present early settlement offers that appear convenient but sometimes undervalue the total losses associated with a brain injury, especially future care needs and non-economic harms. It is important to review any offer carefully and consider whether medical stability has been reached and whether all likely future costs and impairments are accounted for. Consulting with a legal representative before accepting an offer helps ensure you understand the long-term implications of settling prematurely and whether the amount fairly addresses both current and anticipated needs. Accepting an early offer typically releases the insurer from future liability related to the incident, so confirm that all medical bills, lost wages, and future care projections are considered. If you have doubts about whether the offer covers ongoing rehabilitation or vocational limitations, seeking advice helps preserve legal options and avoids relinquishing claims for future expenses that may not yet be fully apparent.

Can I pursue a claim while receiving workers' compensation benefits?

Yes, in many cases you can pursue a third-party personal injury claim while receiving workers’ compensation benefits, because workers’ compensation typically addresses medical care and partial wage replacement but does not always compensate for pain and suffering. If a negligent third party contributed to the workplace incident, a separate claim against that party may be available to recover damages beyond workers’ compensation benefits, including non-economic losses and full compensation for diminished earning capacity. Coordination between claims ensures you pursue all available avenues for recovery. Bringing a third-party claim may require careful handling to avoid problems with benefit coordination, subrogation, or lien issues, and documentation of medical care and work restrictions is important. An attorney can help identify responsible parties, evaluate the potential value of a third-party claim, and work to resolve overlaps with workers’ compensation to maximize total recovery while complying with relevant laws governing benefit repayment.

What role does Allan J. Ahearne, Jr. play in my traumatic brain injury case?

Allan J. Ahearne, Jr. serves as the primary attorney who will communicate with you, review medical and accident records, and help assemble the documentation needed for your claim. He coordinates with treating clinicians, gathers witness statements, and manages interactions with insurers to pursue appropriate compensation for medical costs, lost income, and other damages. Allan focuses on explaining legal options in plain language and developing case strategies that reflect your individual circumstances and recovery needs. Throughout the claim, Allan and the firm provide regular updates, advise on settlement offers, and prepare for litigation if necessary to protect your interests. The attorney’s role includes negotiating with insurance companies, managing discovery if the case proceeds, and advocating for fair compensation that accounts for both present medical expenses and anticipated future needs tied to the brain injury.

Personal Injury Services in Shenorock

Explore our injury practice areas

⚖️ All Personal Injury Services