San Jose Brain Injury Lawyer

Brain injuries are some of the most devastating injuries a person can suffer from. As a brain injury can potentially affect your physical and cognitive ability, suffering such an injury can have a drastic impact on your ability to work and maintain a healthy and fulfilling lifestyle. In addition, the associated medical costs of treating a brain injury is extremely high and it can potentially lead to a variety of financial issues, especially if the injury is extremely severe.

With that in mind, if you or a loved one suffered a brain injury due to an unfortunate accident or an ill intentioned incident you may be entitled to fair compensation. At West Coast Trial Lawyers, our dedicated team of brain injury attorneys are ready to take on your case and fight for your rights. We are a law firm that specializes in personal injury law and our attorneys handle every brain injury claim with the utmost care and respect that it deserves.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty to guide you throughout the legal process. With over 20 years of experience handling brain injury cases, our compassionate team of brain injury attorneys are confident that they will get you the maximum compensation that you deserve for your losses.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE initial consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Understanding Brain Injuries

According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury (TBI) is a brain dysfunction that is caused by a forceful bump, blow, or jolt to the head. Depending on the nature of the accident, the severity of a brain injury can be classified as one of two different categories: Penetrating and Non-penetrating.

Penetrating

Penetrating head injuries (referred to as open TBIs) are severe injuries where an object pierces the skull and damages certain parts of the brain. As such, a penetrating head injury is extremely fatal and requires immediate medical attention and even if proper care and surgery has been properly administered, the road to recovery is very long and costly.

A CDC infographic has stated that about 50% of people who have survived an open TBI will possibly experience a decline in their physical or cognitive abilities. With that in mind, it is vital that people seek compensation for this type of injury, because it will not only have high medical expenses and rehabilitation costs, but it will also have a huge impact on the victim’s quality of life.

Non-Penetrating

Non-penetrating head injuries (referred to as blunt TBIs) are injuries where the victim has suffered a strong external force or blow to the head, where it rattles the brain inside the skull, causing the brain tissue to either bruise or tear. Blunt TBIs are not as severe when directly compared to penetrating head injuries, but they can be just as devastating if proper care and treatment is not administered.

While the severity of non-penetrating head injuries will vary and can possibly be classified as a non-traumatic brain injury, it is still important that the victim seeks medical treatment as soon as possible. Conditions and symptoms such as mild concussions, slurred speech, memory problems, and a slightly impaired motor function should not be taken lightly and can possibly be a sign for a significantly worse issue that has yet to be identified.

Common Causes of Brain Injuries

When it comes to identifying the most common causes of brain injuries, there are many different types of accidents and incidents that can happen, however, from what is commonly seen in San Jose, car accidents, falls, and violent altercations are some of the leading causes. While the severity of the brain injury depends on the nature of the accident, understanding some of the nuances and details can help you identify the liable party and file a personal injury claim with an experienced brain injury attorney.

Car Accidents

Car accidents are when two or more vehicles collide due to someone else’s negligence and/or recklessness. Traffic accidents stand as one of the most common causes of traumatic brain injuries due to the force and impact that is found in a car accident. While the severity of the impact and force will vary on a case-by-case basis, a brain injury study conducted by the National Institute of Health has discovered that around 37% of all car accident victims have suffered traumatic brain injuries.

While motor vehicle accidents are typically easy to determine who is liable for the damages, there may be cases where trying to prove liability may be harder than one expected. For example, accidents where multiple vehicles are involved can complicate the process and every driver may require legal representation in order to objectively determine who is at fault.

Falls

Falls are one of the most simple and common causes of brain injuries and head trauma due to the fact that it can happen anywhere. The Brain Trauma Foundation has reported in an informative fact sheet that around 28% of all brain injury claims have been due to falls. While the severity is entirely dependent on multiple factors such as height, location, and whether or not any object pierces the skull or not, it also stands as one of the hardest to determine liability in personal injury cases.

This is largely due to the fact that fall claims are dependent on whether or not the fall was caused by another person’s negligence or ill intent. Should a liable party exist and can be held responsible for their neglect then it is recommended for the victim to file a claim with a brain injury lawyer or else they would be forced to pay for the medical bills out-of-pocket.

Violent Assaults

Violent assaults are referred to as physical altercations that sometimes involve weapons such as firearms and blunt objects. The National Library of Medicine has discovered that brain injuries from violent assaults can potentially leave injured victims with long-term physical, cognitive, and emotional conditions such as an axonal injury, post concussion syndrome, or a series of non-traumatic brain injuries.

Due to the nature of violent assaults, it is imperative that victims see medical professionals for their injuries and check to make sure that there are no underlying conditions that can drastically impact their health. In addition, it is highly recommended to consult with a San Jose brain injury lawyer to not only recover compensation for severe head injuries, but also justice against the responsible party.

What is The Time Limit to File a San Jose Brain Injury Claim?

According to section 335.1 of California’s code of Civil Procedure, all personal injury claims must be filed within two years of the accident date. Should an accident victim fail to file a claim within the time frame then they would automatically waive their right to recover compensation for the accident in question. In fact, the only exceptions to the statute of limitations is unless the victim is a minor, in jail, legally insane, living out-of-state, or disabled. With that in mind, it is vital to file a claim as soon as possible and should you require assistance, it is recommended to consult with a San Jose brain injury attorney.

The Importance of Hiring a Qualified Brain Injury Lawyer

If you want to file a claim for a severe brain injury, it is important to hire an experienced TBI lawyer because they will be able to handle your case objectively and effectively. From filling out the necessary paperwork to negotiating with opposing counsel, insurance adjusters, and the insurance company, a brain injury lawyer will handle every legal aspect of your case and help guide you to a solution that gives you a fair settlement. While you are able to file a claim on your own, it is often discouraged because there is a high likelihood that you will not be able to recover that much compensation for your medical treatments and might be forced to pay out of pocket for any remaining costs.

Compensation Available for a San Jose Brain Injury Case

If someone suffered a brain injury due to someone’s negligence, the victim will be eligible to receive compensation for their damages. In cases such as this, a victim can recover economic, non-economic, and punitive damages, however, it will depend on the nature of the case and the severity of the accident. With that in mind, it is important to familiarize oneself with the different types of damages so you can have a better understanding of what you can recover.

Economic

Economic damages are calculable costs that have accrued due to the accident in question. This form of damages is designed to make the victim financially whole for any unexpected costs and help them make a full recovery, both physically and financially. For instance, costs such as future medical expenses, lost wages, physical therapy, property damage, and loss of future earnings are all things that can be recovered in a brain injury case.

Non-Economic

Non-economic damages are incalculable costs that have come into fruition as a result of the accident in question. These damages are subjective in nature and difficult to place a strict monetary value on because the severity will vary on a case-by-case basis. For instance, damages such as pain and suffering, emotional distress, and loss of enjoyment of life are subjective and will never be valued the same in every case.

Punitive

Punitive damages operate differently from economic and non-economic damages, because it focuses on punishing the responsible party for their negligent actions. These damages are designed to provide victims a sense of closure and justice for the accident and it provides the court an opportunity to set legal precedence to deter any similar cases that may occur in the future. However, it is important to note that punitive damages is rare and is only given out in certain circumstances such as a wrongful death case or even medical malpractice cases.

West Coast Trial Lawyers Is Here To Help

If you or a loved one has suffered a traumatic brain injury due to an accident or an ill-intentioned incident, you may sue to recover damages. As traumatic brain injuries tend to accumulate high medical expenses, it is important that you hire an experienced legal team to represent your claim and your best interests so that you can be on the road to recovery.

At West Coast Trial Lawyers, we are ready to fight for you and help get you the justice and compensation you deserve. With over 20 years of experience, our team of traumatic brain injury lawyers handle every case with the utmost care and respect that it deserves and are confident that they can recover compensation for your case.

We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to do our duty to ensure every client who has suffered a catastrophic injury is properly represented. Whether you have suffered a mild brain injury or severe brain damage, our brain injury attorneys are readily available to meet with you and discuss your case in full detail.

To schedule a FREE consultation for your case, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.

Frequently Asked Questions About San Jose Brain Injury Cases

How Much Is a Traumatic Brain Injury Worth?

The average settlement for a brain injury claim in California typically ranges around the six to seven figure range, but it will be heavily dependent on the severity and scale of the accident and the accrued damages. An experienced brain injury attorney will be able to give brain injury victims an estimation for their damages, but they can also input all of their accrued costs in a personal injury settlement calculator and find out for themselves.

How Long Do I Have to File a Claim?

As per section 335.1 of California’s code of Civil Procedure, all personal injury claims must be filed within two years of the accident date. If a brain injury victim does not file a claim within two years, they automatically waive their right to recover compensation for the accident in question. In addition, any attempt to file a claim would be immediately dismissed in court.

How Much Does a Brain Injury Attorney Cost?

Generally speaking, brain injury lawyers operate on a contingency-based system where they would charge no fees until they either win or receive a settlement offer from opposing counsel. Should they manage to achieve one or the other, they would charge a flat contingency fee that can range anywhere between 25% to 40%, however, most tend to average around 33%.