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.
Our San Jose Brain Injury Lawyers Offer Practical Legal Help After An Accident
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. They might limit 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 first consultation. We may be able to help you pursue compensation for medical bills, lost income, and other accident-related expenses.
Brain injuries often require extensive and ongoing treatment, from hospital stays and surgeries to cognitive therapy and long-term assistance. For some victims, returning to work may not be an option, and the financial strain could be overwhelming.
In such cases, consider working with experienced lawyers who understand the full impact of these injuries. Arash Law has the resources and dedication to advocate for your interests. Our lawyers can work closely with medical experts, life care planners, and financial professionals to build a substantiated case that reflects your injuries and other losses.
Why Work With Our San Jose Brain Injury Lawyers
If you incur a brain injury in an otherwise preventable accident, navigating the claims process might be overwhelming. Our San Jose brain injury attorneys can review your case to see if we can take on the legal side. That way, you can focus on getting your injuries treated.
Here’s why you can consider working with us if you have a valid claim:
- No Win, No Fee Agreement — We don’t charge clients attorney’s fees unless they’re awarded compensation. Please note that they may still be responsible for certain case-related costs outside this contingency fee agreement. With this arrangement, you can focus on your recovery without worrying about the immediate costs of legal representation.
- Comprehensive Legal Support — We’ll support you through every stage, from case evaluation to negotiating with insurance companies. We work to advocate for your interests throughout the claims process.
- Access to Medical Providers — We understand how serious brain injuries can be. We help connect brain injury clients with the relevant medical professionals and centers if they require further treatment while pursuing compensation.
- Client-Centric Approach — Every brain injury case is unique. We take the time to understand your circumstances and develop a tailored legal approach that aligns with your specific needs and goals after being injured.
The experiences shared by our clients reflect our dedication to offering comprehensive legal services. Here’s one of the testimonials of our clients:
“I was diagnosed with a traumatic brain injury. I have problems with memory and many other symptoms that come with it. I was extremely disappointed with the medical care I was receiving before meeting Tina, Diana, and Yessenia. These wonderful people have had patience with me and my TBI injury. They have gone above and beyond with helping me with receiving the proper care with the right doctors and answering all my questions leaving me at ease. They are very detailed and organized with my case and I’m positive that no stone will be left unturned. Extremely satisfied and blessed to have them on my side.” — Marilyn G. (Google Reviews)
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 claims process while recovering can be challenging. You shouldn’t have to face this battle alone. Here’s how we can help with a valid claim:
- Investigating Your Case — Our lawyers will independently investigate your accident to understand the cause of your injuries and identify possible liable parties. We may also work with accident reconstructionists to support your case.
- Collaborating With Medical Experts — We partner with neurologists, rehabilitation professionals, and medical experts who can help assess the impact of your injury and provide credible testimony that may back 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 assess all the losses you’ve sustained due to your injuries. We account for every aspect of your damages, which may include medical expenses, lost wages, and pain and suffering.
- Negotiating With Insurance Companies — Our experienced negotiators can inform insurance companies of the extent of your brain injury. We’ll work to advocate for a settlement that reflects its impact.
- Representing You in Court — When settlement negotiations fail, our experienced injury lawyers can help assess whether it’s feasible to pursue your case in court. We may then develop litigation strategies based on the facts and needs of your case.
Different Types Of Brain Injuries
Our San Jose lawyers handle a wide range of brain injury cases. 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 then 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 causes the brain to hit both the initial point of contact (coup) and the opposite side of the skull (contrecoup). Common causes include high-speed motor vehicle accidents and 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 a collection of blood forms inside the brain or between the brain and the skull, typically resulting from trauma. This condition can put dangerous pressure on the brain.
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 also offer legal assistance to victims who sustain the following:
Hypoxia
Events like heart attacks or respiratory failures can deprive the brain of sufficient oxygen, resulting in hypoxia. However, hypoxia could also occur after accidents, such as those involving:
- Drowning — Preventable drowning incidents may 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, children should never be 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 might 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 claims of landlord negligence, defective product liability, 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 due to a head injury or blood infections. Chronic stress, though not a direct cause, could 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 might 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.
- Sports — 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 brain injury qualifies for a personal injury claim? Consider filling out our “Do I Have A Case?” form to connect with our San Jose brain injury attorneys.
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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 for managing long-term effects, supporting recovery, and providing the necessary medical documentation for potential legal claims.
How Our Lawyers Can Help 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 be able to pursue a claim against the at-fault driver. Alternatively, if a malfunctioning airbag was the cause, you may have a case against the car manufacturer.
Our San Jose brain injury lawyers can investigate your case to identify who may be responsible for your accident. Once we do so, the claims process can focus on seeking compensation from individuals, companies, or organizations for your losses. 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 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 the effects of long-term injuries and recovery. Meanwhile, accident reconstructionists 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 can help you gather all essential evidence to build a case and support your claim.
Damages You Can Seek 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 can help you quantify both economic and non-economic damages to support your claim for compensation. Here’s what you may be able to seek:
- Economic Damages — These cover tangible costs such as:
- Current and Future Medical Expenses — These may include the costs of rehabilitation, prescription medicine, occupational therapy, chiropractic care, or surgery, depending on the specifics of your case.
- Lost Income — If your brain injury forces you to miss work, you may be able to seek damages for lost wages. If your injury leads to a temporary or permanent disability that limits your ability to earn income, you may also pursue 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 on the part of 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 surviving relatives to seek 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. Taking steps like the following may help 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, 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 Brain Injury Lawyers in San Jose — Your injury lawyer can review your case, assist you in filing a valid claim, and negotiate with insurance companies on your behalf. They may also help you gather the necessary evidence and assess the 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 seeking damages for medical expenses, lost wages, and long-term care.
Insurance companies set varying deadlines, which you’ll need to comply with to pursue a claim. 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. There are also some exceptions to this rule.
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. Our San Jose personal injury lawyers can explain whether exceptions to the statute of limitations apply to your case so you can file a lawsuit on time.
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 people died from TBIs 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 settings, urgent care facilities, or those left untreated.
Questions People Frequently Ask Our San Jose Brain Injury Lawyers
A brain injury can leave victims and their families with many questions about medical care, legal rights, and financial recovery. 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 guidance, call (888) 488-1391 for a free initial 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 treatment and recovery. Our San Jose brain injury lawyers can help injured clients connect with medical facilities in the state that focus on treating 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 play a key role in supporting recovery and adapting treatment to the patient’s changing 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 knowledgeable in negotiating with insurance companies. They can also gather evidence to demonstrate the severity of the brain damage. Ultimately, they’ll work to handle the legal complexities and pursue compensation on your behalf so that you can focus on your recovery.
How Much Will It Cost To Hire A San Jose Brain Injury Lawyer Near Me?
The cost of hiring a San Jose brain injury lawyer near you will depend on the specifics of your case. For example, they may charge more if your case needs to be taken to court. Despite that, the price of legal services doesn’t need to be among your immediate costs after a brain injury accident.
Our San Jose brain injury lawyers work on a contingency fee basis, meaning clients pay nothing up front for legal representation. They only owe attorney fees if they’re able to collect compensation. The fee is typically a percentage of the settlement or verdict, depending on the complexity of a case.
This arrangement aims to help brain injury victims, regardless of their financial situation, access legal representation without the burden of upfront costs. However, take note that some case-related costs may still apply outside of this payment structure.
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. As such, there’s typically no average value for one. Key factors influencing the settlement include medical expenses, lost wages, and the ongoing impact of the injury on the victim’s life.
Every case is unique, and outcomes depend on the specific circumstances involved. To better understand what damages you may be able to pursue, you can speak with one of our San Jose brain injury attorneys for a case evaluation. They can help estimate the potential value of your claim based on the available evidence.
How Much Can I Get For My Brain Injury Claim?
There’s no guarantee that you’ll “get” anything when pursuing compensation. However, the potential 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.
However, these aren’t hard and fast rules. 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 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 how much compensation they may be able to pursue.
Contact Our Brain Injury Lawyers In San Jose For Legal Help
When a traumatic brain injury occurs after an accident, you shouldn’t face the complexity of insurance claims or legal processes alone. Our experienced San Jose brain injury lawyers can handle the legal aspects of your case while you focus on your recovery. Call us at (888) 488-1391 to schedule your free initial consultation.
At Arash Law, our lawyers also advocate for clients injured in car crashes, truck accidents, slip-and-falls, Lyft collisions, pedestrian incidents, hit-and-runs, DUIs, and Uber accidents. We extend our services across California. That includes 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.
