San Jose brain injury lawyer.
TBI cases require detailed medical documentation.

Brain injury claims in San Jose — what you're up against

A brain injury lawyer in San Jose knows that traumatic brain injury is the most contested diagnosis in personal injury law. The insurer's defense is predictable: the injury is subjective, the imaging is normal, the symptoms were pre-existing or exaggerated, and the claimant should return to work. That defense works because mild and moderate TBI frequently produces no visible findings on standard CT or MRI imaging. The injury is real; the imaging limitation is real too.

What most TBI victims do not know is that the neuropsychological evidence — formal cognitive testing establishing measurable deficits in memory, processing speed, executive function and attention — is far more compelling to a jury than imaging alone. A carrier that dismisses a mild TBI claim is often banking on the victim not knowing this. We know it, and specialist evaluation documents it.

The most common brain injury cases we handle in San Jose

Mild TBI following rear-end and intersection collisions are the highest-volume cases. The injury is frequently dismissed early by emergency physicians who see a normal CT and discharge the patient. Symptoms — headache, memory gaps, fatigue, sleep disruption, emotional volatility — appear or worsen in the weeks following the crash. By the time a neurologist confirms the diagnosis, the insurer has already framed the case as a soft-tissue claim.

Moderate and severe TBI from high-speed crashes and pedestrian strikes produce cases requiring life care planning. Future medical costs, the need for assisted living, lost lifetime earning capacity and the cost of cognitive rehabilitation are all documented through retained experts — a neuroradiologist, neuropsychologist, life care planner and economist. These are the cases where policy-limits demands and litigation are standard.

Construction site and fall TBI arise when a worker falls from an elevated surface or is struck by a falling object. Cal. Labor Code § 4558 provides a basis for a claim against an employer for removing a safety guard. A third-party claim against the general contractor, property owner or equipment manufacturer may run separately from workers' compensation.

Child TBI from play equipment, falls and vehicle accidents requires a different damages analysis. A brain injury at age 8 affects educational trajectory, vocational capacity and lifetime earnings in ways that require actuarial projection over a 60-year horizon. The statute of limitations does not run for minors until they turn 18, but evidence preservation cannot wait.

Second impact syndrome cases arise when a person sustains a second concussion before fully recovering from the first. These cases require documenting the prior injury history, the return-to-activity decisions, and who had responsibility for those decisions. Coaches, schools and employers can bear liability when they failed to follow established concussion protocols.

What brain injury evidence we collect immediately after your call

Brain injury cases depend on documentation that begins at the accident scene and continues through every treatment encounter. Emergency room records, ambulance notes, the officer's observations at the scene, and the initial report of loss of consciousness or disorientation are the foundation. These records are often incomplete or contradictory, and the gaps are used by defense experts to question the diagnosis.

When you call, we request all emergency and treating records immediately. We refer you to a neurologist for formal evaluation if you have not been seen by one. Baseline cognitive testing is obtained when appropriate. We preserve any helmet involved in a crash for expert inspection. We identify and hold video evidence of the collision before it cycles out. Early documentation is the single strongest thing you can do for a TBI claim.

What your brain injury case is worth in Santa Clara County

Mild TBI cases in Santa Clara County, where retained income is high and documented cognitive impact on work performance is measurable, resolve at meaningfully higher values than the California average. Moderate and severe TBI cases where lifetime care is required are the highest-value personal injury claims in the state, often exceeding multiple policy limits and requiring litigation.

As your brain injury lawyer in San Jose, we do not give estimates before reviewing your neurological and neuropsychological records and your employment and income history. We work with the specialists required to put a documented number on every category of loss before accepting any offer.

The two-year brain injury deadline and why acting fast matters

California's statute of limitations for personal injury is two years from the date of injury under Cal. Code Civ. Proc. § 335.1. If a government entity — the City of San Jose, Santa Clara County, or Caltrans — bears any responsibility, the deadline shrinks to six months for filing a government tort claim under Cal. Gov. Code § 911.2. Missing either deadline ends your case permanently, regardless of how strong your evidence is.

Do not wait. Evidence preservation, medical documentation, and case filing all happen faster with representation. The free consultation costs you nothing. Call us today.