San Jose Brain Injury Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Trusted San Jose Brain Injury Lawyers With A Track Record Of Success.
A brain injury can change everything, including the way you feel, think, and interact with the world. Our San Jose brain injury lawyers understand the profound, long-lasting impact these injuries can have. It limits your ability to work, care for yourself, and enjoy life as you once did. If you or a loved one sustained a brain injury due to someone else’s negligence, call (888) 488-1391 for a free, no-obligation consultation. Let us help you get the funds you deserve to move forward.
Brain injuries often require extensive and ongoing treatment, from hospital stays and surgeries to cognitive therapy and long-term assistance. For many victims, returning to work may not be an option, and the financial strain can be overwhelming. Recovery isn’t just about medical treatment; it’s about securing a future with dignity and stability.
Work with experienced lawyers who understand the full impact of these injuries. As one of the biggest personal injury law firms in California, Arash Law has the expertise and dedication to fight for your best interests. Our lawyers can work closely with medical experts, life care planners, and financial specialists to build a strong case that reflects the true cost of your injury — now and in the years to come.
Why Hire Our San Jose Brain Injury Lawyers
If you find yourself in this situation, you need a strong advocate on your side. Some insurance companies undervalue or deny brain injury claims. Our San Jose brain injury attorneys won’t let that happen to you.
Here’s why we’re the right choice for your case:
- No Win, No Fee Agreement — You don’t have to pay any upfront costs to hire us, and you only have to pay once we win your case. With this arrangement, you can focus on your recovery without worrying about the costs of legal representation.
- Comprehensive Legal Support — We’ll support you through every stage, from case evaluation to negotiating with insurance companies. We ensure we protect your interest throughout the legal process.
- Connections To Top Medical Providers — We understand how serious brain injuries can be. Therefore, we help clients connect with leading medical professionals and facilities so they receive excellent care for their recovery.
- Client-Centric Approach — Every brain injury case is unique. We tailor our legal strategies to fit your specific situation, ensuring you get the best chance at success.
While we take immense pride in the quality of service we offer, the true testament to our commitment comes from the positive feedback of our clients. Here’s one of them:
“I would highly recommend the Arash Law to anyone. They represented me and my family when we were in a serious accident. The concern and care they gave, immediately made us feel at ease. I was really satisfied with the settlement I received, thank you so much Arash Law!” — Maria A.
Brain Injury Cases We’ve Won
Results matter. Our San Jose lawyers have successfully handled numerous brain injury cases, securing substantial settlements and verdicts for victims.
Here are a few examples of the cases we’ve won:
- $17,900,000 — In this case, we represented two clients. One of them suffered a mild but permanent brain injury along with a leg injury. The other sustained a sprained knee that needed physical therapy. After years of litigation, we were able to get a unanimous verdict in favor of the victims.
- $11,250,000 — Our client sustained a traumatic brain injury after falling four stories down an elevator shaft. They also suffered a fractured jaw, broken ribs, and other injuries. We secured a structured settlement, with a lump sum payment of $500,000 and $33,000 each month for life.
- $6,750,000 — A farm worker suffered a traumatic brain injury and other traumas after falling from an ATV down a cliff. The workers’ compensation settlement we achieved will enable our client to stay in an assisted care facility. This way, they can also continue their rehabilitation.
- $5,500,000 — While working, our client got into a rollover trucking accident. They sustained a spinal cord injury and a mild traumatic brain injury. With our assistance, our client was able to get substantial compensation.
- $5,325,000 — Our client was a window washer who suffered a traumatic brain injury after falling from a height. Workers’ compensation contributed $1,325,000 to the global settlement.
Each case is unique, and settlement values vary based on the circumstances. To get a better understanding of what your case may be worth, speak with one of our San Jose brain injury lawyers today.
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– BRIAN BEECHER
How Our Brain Injury Attorneys Can Help You
Suffering a brain injury is a life-altering experience, and navigating the legal process while recovering can be challenging. You shouldn’t have to face this battle alone. Our San Jose brain injury lawyers are here to lift the burden off your shoulders. Here’s how we can help with your claim:
- Investigating Your Case — Our lawyers will carefully look into your case and determine the cause of your injuries and possible liable parties. We can also work with accident reconstruction specialists to enhance your case.
- Collaborating With Medical Experts — We partner with leading neurologists, rehabilitation specialists, and medical experts who can assess the full impact of your injury and provide credible testimony that strengthens your claim.
- Collecting Evidence — Our attorneys can obtain important pieces of evidence such as police reports, medical records, and surveillance footage, among others.
- Calculating Damages — We thoroughly assess all the losses you’ve sustained due to your injuries. We account for every aspect of your damages. From medical expenses and lost wages to pain and suffering, we ensure no detail gets overlooked.
- Negotiating With Insurance Companies — Insurance companies often try to downplay the severity of brain injuries to reduce payouts. Our experienced negotiators push back, advocating for a fair settlement that truly reflects the impact of your injury.
- Representing You In Court — When settlement negotiations fail, our experienced injury lawyers will aggressively pursue your case in court. We thoroughly prepare our strategies, ensuring they are fully ready for effective litigation.
Different Types Of Brain Injuries
Our San Jose lawyers handle a wide range of brain injury cases, helping victims seek justice for the devastating losses they’ve suffered. Generally, brain injuries fall into two major categories: traumatic brain injuries (TBI) and acquired brain injuries (ABI). TBIs occur due to external forces, such as in car accidents, falls, or sports injuries. On the other hand, ABIs result from internal factors like strokes, oxygen deprivation, or medical conditions, which can be just as debilitating.
Traumatic Brain Injuries
TBIs occur when an external force, such as a blow to the head, a sudden jolt, or violent shaking, causes damage to the brain. These injuries may lead to long-term medical complications, memory loss, personality changes, and permanent disability.
Here are the different types of TBIs:
- Concussion — This mild TBI often results from a direct blow to the head, a sudden jolt, or a whiplash injury. Repeated injuries or lack of proper treatment can lead to long-term complications.
- Diffuse Axonal Injury (DAI) — This injury commonly results from rapid acceleration and deceleration forces, which cause the brain to shift violently inside the skull. The movement stretches, shears, or tears the brain’s delicate nerve fibers (axons), disrupting communication between the different areas of the brain.
- Coup-Contrecoup Injuries — This is also known as dual impact brain damage. This injury happens when a strong impact makes the brain hit both the initial point of contact (coup) and the opposite side of the skull (contrecoup). Common causes include high-speed motor vehicle accidents or violent falls.
- Cerebral Edema — Also known as brain swelling, this condition occurs when brain tissue expands in response to an injury, such as a fractured skull.
- Cerebral Hematoma — This condition occurs when there is a collection of blood inside the brain or between the brain and the skull, typically caused by trauma. This condition can put dangerous pressure on the brain.
However, it’s important to note that brain injuries like edema and hematomas can occur without trauma. When these injuries result from internal causes rather than external force, they are classified as ABIs rather than TBIs.
Acquired Brain Injuries
According to the Brain Injury Association of America, an ABI is any brain damage that is not “hereditary, congenital, degenerative, or caused by birth trauma.” ABIs can occur due to illness, medical conditions, environmental factors, or other incidents that deprive the brain of oxygen or cause internal damage. Our San Jose brain injury lawyers can also help victims who sustain the following:
Hypoxia
Events like heart attacks or respiratory failures can deprive the brain of sufficient oxygen, resulting in hypoxia. However, it can also happen in situations such as:
- Drowning — Many drowning incidents are preventable and often result from negligence, such as unsecured or poorly maintained swimming pools, unprotected natural bodies of water, unsafe waterparks, inadequate supervision, or defective safety equipment.
Additionally, natural hazards like rip currents, sudden drop-offs, strong waves, and fast-moving river currents can create dangerous conditions that increase the risk of drowning, especially when safety measures are lacking.
Preventative steps such as secure pool fencing, lifeguards on duty, clearly posted warning signs, designated swimming areas, and the use of life jackets in open water can significantly reduce drowning risks.
In homes, ensuring children are never left unattended near water, using safety locks on toilet lids, and draining bathtubs immediately after use are critical precautions. - Choking — An obstruction in the airway can block the flow of oxygen to the lungs and, consequently, the brain. This situation can happen in nursing home neglect cases or when children ingest toys or food products lacking proper choking hazard warnings.
- Carbon Monoxide Poisoning — Inhalation of carbon monoxide reduces the blood’s ability to carry oxygen, leading to brain hypoxia. These cases may involve landlord negligence, defective product claims, or workplace safety violations.
- Lung Injuries — Our San Jose lawyers have seen brain injury cases of severe chest trauma from car crashes, workplace accidents, or explosions that impair oxygen delivery, leading to brain damage.
Brain Aneurysm
This aneurysm occurs when a blood vessel wall weakens and balloons. If it ruptures, it causes bleeding in the brain (hemorrhagic stroke), disrupting brain function. Some risk factors are related to lifestyle choices, but certain aneurysms can also develop after a head injury or due to blood infections. Chronic stress, though not a direct cause, can contribute to high blood pressure, which is a significant risk factor for aneurysms.
Infections
Meningitis and encephalitis can develop when viruses or bacteria enter the body through an injury. Meningitis is an infection of the brain’s protective membranes. Meanwhile, encephalitis is brain inflammation. It often happens due to an infection or an autoimmune response. Both can cause serious brain damage.
Common Causes Of Brain Injuries
Brain injuries can result from various situations, ranging from direct impacts to the head or body to more indirect causes. Some of the most common causes attributed to brain or head injuries include:
- Slip-And-Falls — A simple slip or trip at home or in a public space can result in a brain injury. Falls from heights or accidents at construction sites can also cause significant head trauma.
- Traffic Collisions — Motor vehicle accidents, including those involving cars, trucks, motorcycles, pedestrians, and cyclists, can cause serious head injuries like concussions, skull fractures, or TBIs. Motorcyclists, cyclists, and pedestrians are especially vulnerable due to the lack of protection a vehicle provides.
- Defective Products — Defective products, such as faulty vehicles, machinery, or household appliances, can cause brain injuries if they malfunction. For instance, a defective airbag can fail to deploy properly during a collision or deploy unexpectedly, causing severe head injuries.
- Physical Assault — Brain injuries from violence, such as assaults, gunshot wounds, domestic violence, or child abuse, can cause severe physical and mental effects. Infants are especially vulnerable to shaken baby syndrome, a form of brain injury caused by violent shaking.
- Childbirth-Related Mistakes — Brain injuries can occur during labor and delivery if medical professionals fail to monitor oxygen levels or improperly use forceps or vacuum extraction devices. Birth asphyxia (lack of oxygen) can result in permanent neurological damage or cerebral palsy.
- Sports Injuries — Athletes in contact sports like football, boxing, hockey, and lacrosse face a higher risk of brain injuries. Repeated head trauma can lead to long-term neurological issues.
Unsure if your injury qualifies for a personal injury claim? Contact our San Jose brain injury lawyers by filling out our “Do I have a case?” form.
Free Consultation
Common Symptoms Of Brain Injuries
We understand that a wide range of symptoms can arise after a head trauma. Common symptoms may include:
- Mood swings
- Dizziness
- Memory issues
- Vision problems
- Fatigue
- Headaches
- Feelings of depression
- Trouble with speech
- Nausea
- Loss of consciousness
- Sleeping less or more than usual
- Seizures
- Pupil dilation
- Numbness
Sadly, children can also sustain brain injuries. Recognizing brain injury symptoms in younger kids can be challenging due to their limited communication skills. Signs to watch for include changes in feeding or nursing patterns, loss of interest in play, and shifts in behavior or personality. If your child has had a head injury or accident, it’s important to seek medical care immediately.
Our San Jose brain injury attorneys emphasize the significance of seeking medical attention after any head injury, regardless of how mild symptoms may seem. Brain injuries can be deceptive, with some symptoms appearing hours or even days later. Early diagnosis and treatment are essential to managing long-term effects, improving recovery outcomes, and ensuring the necessary medical documentation for potential legal claims.
How Our Lawyers Prove Liability For Your Brain Injury Claim
Liability depends on the specifics of the accident. For example, if a vehicle accident caused your brain injury, you may pursue a claim against the at-fault driver. Alternatively, if a malfunctioning airbag was the cause, you may have a legal case against the car manufacturer.
Our San Jose brain injury lawyers can thoroughly investigate your case to determine who is responsible for your accident. Once we identify the liable parties, the claims process will focus on ensuring those individuals, companies, or organizations cover your damages. This process involves gathering strong evidence and proving the four key elements of negligence:
- Duty of Care — The defendant had a legal obligation to maintain your safety.
- Breach of Duty — The defendant violated this legal duty of care.
- Causation — The defendant’s breach of duty directly caused the incident that led to your brain injury.
- Damages — You suffered losses as a result of the accident.
To prove these elements, you need strong evidence. For instance, in a car collision, our car accident lawyers can secure police reports, traffic camera footage, and eyewitness statements to prove liability. Here are some other key pieces of evidence:
- Medical Images — These provide visual proof of brain damage, swelling, or fractures.
- Diagnostic Tests — These tests assess cognitive, physical, and motor function, showing injury impact.
- Brain Mapping Or Diagrams — These show the extent and areas of brain injury.
- Expert Witness Statements — Medical experts can testify about long-term injury effects and recovery. Meanwhile, accident reconstruction specialists can demonstrate how an accident caused the brain injury.
The type of brain injury you sustained, and its impact on your life will determine the specific evidence needed. Our San Jose injury law firm will gather all essential evidence to build a strong case and support your claim.
Damages You Can Recover In Your Brain Injury
Brain injuries can have lifelong consequences, affecting a victim’s health, ability to work, relationships, and overall quality of life.
Our San Jose brain injury attorneys carefully quantify both economic and non-economic damages to ensure you receive the compensation you deserve. Here’s what you may be entitled to recover:
- Economic Damages — These cover tangible costs such as:
- Current And Future Medical Expenses — Your damages should cover all your immediate and long-term medical costs. They include the costs of rehabilitation, prescription medicine, occupational therapy, chiropractic care, or surgery.
- Lost Income — If your brain injury forces you to miss work, you may recover damages for lost wages. If your injury leads to a temporary or permanent disability that limits your ability to earn income, you may also receive compensation for diminished earning capacity and future lost wages.
- Other Out-of-Pocket Expenses — These costs can include home modifications, assistive devices, or any other expenses resulting from the brain injury.
- Non-Economic Damages — These address subjective losses, which may be harder to calculate. Examples include:
- Pain and suffering
- Mental distress
- Decreased quality of life
- Inconvenience
- Loss of consortium
In rare cases, courts may award punitive damages when there is clear evidence of malicious intent or gross negligence by the liable party.
In wrongful death cases, surviving family members may file a claim to seek compensation for burial and funeral expenses, loss of financial support, and emotional distress, among other losses. Additionally, the deceased person’s estate may pursue a survival action, which allows for the recovery of damages that the victim could have claimed if they had survived. These damages may include medical expenses, lost wages, pain and suffering, and other related losses.
Steps You Can Take After Suffering A Brain Injury
If you’ve sustained a brain injury due to another party’s negligence in San Jose, prioritize your safety. Our San Jose brain injury lawyers recommend doing the following to protect both your well-being and your rights:
- Seek Immediate Medical Treatment — Seek medical attention right away after the injury, as timely care can prevent complications and establish a clear medical record for your case. If you were in an accident and you suspect a head injury, call 911 immediately.
- Document The Incident — If possible, record key details such as the date, time, location, and circumstances of the accident or have someone write these down for you. If you have an idea of what caused the injury, make sure to include that information.
- Track Your Medical Care — Follow your doctor’s advice, attend follow-up appointments, and participate in any prescribed therapies or rehabilitation. Keep a detailed record of your interactions with healthcare providers, including diagnoses, procedures, and treatment plans.
- Gather Physical Evidence — Take photos of the accident site, damaged property, or any contributing circumstances. Our San Jose accident lawyers recommend you keep these pieces of evidence in a secure location.
- Collect Witness Information — Obtain contact information for any witnesses and share it with your brain injury lawyer.
- Record The Impact On Your Daily Life — Document how the brain injury affects your daily activities. Keep track of changes in your ability to work, perform routine tasks, and maintain personal relationships.
- Work With The Best Brain Injury Lawyers In San Jose — Your injury lawyer can assist you in filing a claim and negotiating with insurance companies. They will also help you gather the necessary evidence and assess the full scope of your damages.
Benny and Brian Beecher represented a 3-year-old boy who sustained a mild traumatic brain injury after he was run over by a golf cart at a fair. The insurance company for the fair argued that the child was already born disabled and that the blame was on the child’s parents for allegedly failing to supervise him. Benny and Brian fought this case for years until justice was served for our deserving client. The settlement was obtained during jury selection in Sacramento County.– BENNY KHORSANDI
Deadlines To Consider When Filing A Brain Injury Claim
If you’ve suffered a brain injury in San Jose, it’s important to act quickly to protect your right to compensation. Legal and insurance deadlines vary, and failing to file on time could prevent you from recovering damages for medical expenses, lost wages, and long-term care.
Insurance companies set varying deadlines, but our San Jose personal injury lawyers recommend filing a claim as soon as possible after the accident. However, if a lawsuit becomes necessary, remember that California law imposes a strict two-year statute of limitations from the date of the injury to file a personal injury lawsuit. Missing this deadline may bar you from pursuing compensation in court.
For those considering a lawsuit, California law allows victims to file a personal injury claim within two years from the date of the injury. Missing this deadline may prevent you from seeking compensation for medical expenses, lost wages, and other damages. You should consult a personal injury lawyer promptly to ensure you meet all deadlines and protect your ability to recover damages.
If injuries do not appear immediately, as is often the case with brain injuries, the court may extend the deadline for filing a lawsuit. If the brain injury causes incapacity, the spouse, children, or a legal conservator of the victim can file the claim on their behalf.
Navigating these legal timelines can be complex, but our experienced attorneys are here to help. To ensure you meet all deadlines and protect your right to compensation, reach out to our San Jose brain injury lawyers today.
Brain Injury Statistics
According to the CDC’s Web-based Injury Statistics Query and Reporting System (WISQARS), there were 68,663 deaths in 2023 from traumatic brain injuries, with 6,066 fatalities occurring in August alone. Preliminary data for 2024 indicate 39,237 TBI deaths from January to July. The agency also highlighted the following TBI data:
- About 69,473 died from TBI in 2021.
- In 2020, hospitals admitted approximately 214,110 people due to these injuries.
- These results indicate an average of 190 deaths and 586 hospitalizations daily due to TBIs.
The agency also said that TBIs are especially common among those aged 75 and older, who account for almost a third of both hospitalizations and deaths. Men are more affected, with nearly double the hospitalization rate and thrice the mortality rate of women. Estimates do not include TBIs treated exclusively in emergency departments, primary care, urgent care, or left untreated.
Our San Jose brain injury attorneys are here to support you throughout the entire legal process. Call us at (888) 488-1391 to get free accident lawyer advice.
Questions People Frequently Ask Our San Jose Brain Injury Lawyer
A brain injury can leave victims and their families with many questions about medical care, legal rights, and financial recovery. Our San Jose brain injury lawyers are here to provide clear, straightforward answers to help you navigate this difficult time. Below, we’ve compiled answers to the most common questions people ask when pursuing a brain injury claim. If you don’t see your question here or need personalized legal advice, call (888) 488-1391 for a free consultation.
How Long After A Head Injury Can Symptoms Appear?
According to the CDC, brain injury symptoms may take weeks to appear, though they can also show up immediately or within hours after the incident. Generally, the severity of the injury and the speed of symptom onset are closely linked. Regardless of when symptoms appear, seeking prompt medical attention is crucial for effective treatment and recovery. Our San Jose brain injury lawyers can assist victims in getting in touch with the best medical facilities in the state that treat such injuries.
How Long Does Rehabilitation For A Brain Injury Typically Take?
The length of rehabilitation for a brain injury varies widely depending on the severity of the injury, the areas of the brain affected, and the individual’s response to treatment. Some individuals may see significant improvement within months, while others require years of ongoing therapy and care.
Our San Jose brain injury attorneys understand that recovery is a highly individualized process. It is often unpredictable, with periods of progress followed by setbacks. Regular medical evaluations and therapy adjustments are crucial to ensuring the best possible recovery outcome and adapting treatment to the patient’s evolving needs.
Do I Need A Personal Injury Lawyer To Pursue A Claim?
If you sustained a brain injury in an accident in San Jose, having a personal injury lawyer can be beneficial. They are experts at negotiating with insurance companies. They also gather evidence to show how severe the brain damage is. A skilled attorney can tackle these tough legal matters for you. They’ll handle the legal complexities and ensure you receive the compensation you deserve so you can focus on your recovery.
How Much Will It Cost Me To Hire A San Jose Brain Injury Lawyer Near Me?
Most San Jose brain injury lawyers work on a contingency fee basis, meaning you pay nothing upfront for legal representation. You only owe legal fees if your attorney wins your case and secures compensation for you. The fee is typically a percentage of the settlement or verdict, usually ranging between 33% and 40%, depending on the complexity of your case. This arrangement ensures that anyone, regardless of their financial situation, can access top-quality legal representation without the burden of out-of-pocket costs.
What Is The Average Brain Injury Settlement?
The settlement amount for a brain injury can vary significantly, depending on factors such as the severity of the injury and its long-term effects. In mild cases, settlements may range around $100,000, while in severe cases, they can exceed $1 million. Key factors influencing the settlement include medical expenses, lost wages, and the ongoing impact of the injury on the victim’s life.
For a more accurate estimate of your brain injury case, speak with our experienced San Jose attorneys. Call us at (888) 488-1391 for a free case assessment.
How Much Can I Get For My Brain Injury Claim?
The value of a brain injury claim varies significantly based on the details of the case. Key factors include medical treatment costs, lost wages or reduced earning capacity, and the potential for permanent disability or cognitive impairment. Mild concussions and minor brain injuries generally result in lower settlements. In contrast, severe traumatic brain injuries that cause long-term disabilities or require lifelong care may lead to higher compensation amounts. To get a better understanding of what your case may be worth, get in touch with our San Jose brain injury lawyers.
How Long Will My Brain Injury Claim Take To Settle?
No standard timeline exists for resolving a brain injury claim, as several key factors influence the process:
- Complexity of The Injuries — This includes needing expert testimony and detailed medical evaluations. It often takes time to fully understand the extent of the injury and its long-term implications.
- Recovery of The Victim — The severity of the injury can also impact the timeline, as determining the full scope of the victim’s needs and appropriate compensation may require ongoing treatment and rehabilitation.
- Cooperativeness of The At-Fault Party — The defendant’s willingness to engage in settlement discussions can speed up or delay the process, especially if there are prolonged negotiations or a trial. Court proceedings, including discovery, mediation, and trial, may further lengthen the timeline.
- Maximum Medical Improvement (MMI) — Our San Jose brain injury lawyers often recommend waiting until the claimant reaches MMI to assess the compensation better.
Call The Brain Injury Lawyers San Jose Relies On
When a traumatic brain injury occurs, you shouldn’t face the complexity of insurance claims or legal battles alone. You deserve to focus on your recovery while an experienced San Jose brain injury attorney handles the legal aspects of your case. Contact us today at (888) 488-1391 to schedule your free initial consultation.
At Arash Law, we’ve recovered over $750 million for injury victims and are widely respected across California for our relentless advocacy. Led by Arash Khorsandi Esq., our lawyers also advocate for victims of car crashes, truck accidents, slip-and-falls, Lyft collisions, pedestrian incidents, hit-and-runs, DUIs, and Uber accidents. We extend our services to nearby areas such as Santa Clara, Campbell, East Foothills, Milpitas, Cupertino, Los Gatos, Sunnyvale, Saratoga, Mountain View, Los Altos, Los Altos Hills, Fremont, Newark, Palo Alto, and Stanford.
