San Jose Traumatic Brain Injury Lawyer


Motor vehicle accidents, pedestrian accidents, premises accidents, and medical negligence can all lead to traumatic head and brain injuries, also known as TBIs. These injuries have devastating consequences, not only for the injured accident victim but also for the accident victim’s family members and loved ones.

If you suffered a TBI in a San Jose accident that resulted from someone else’s careless or reckless behavior, you are not alone. The knowledgeable team of personal injury lawyers at Wilshire Law Firm offers you hope for a better future. We will look out for your legal interests and maximize the settlement or litigation compensation you receive for your accident-related injuries.

For a free case evaluation and legal consultation with our experienced, compassionate San Jose brain injury lawyers, please contact us today for more information.

If you or a person you love sustained a TBI in a recent accident, you need an aggressive legal team fighting for you. Insurance companies frequently try to undervalue TBI claims or deny liability for them altogether. Self-represented individuals often do not fare well against big insurance companies.

At Wilshire Law Firm, our assertive brain injury lawyers are not afraid to take on the insurance company directly and, if necessary, litigate your case in the court system to a favorable resolution. Our attorneys have recovered millions of dollars in compensation for our seriously injured clients and are prepared to aggressively advocate for you.

Our main office is located at 3055 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90010. Let us help you recover the full amount of compensation you need to become whole again after your accident and TBI.

How Much Can I Recover for a TBI in San Jose?

After suffering a TBI in an occurrence caused by someone else’s negligence in San Jose, California, accident victims may be eligible to recover various types of damages to compensate for their losses. These damages typically fall into three categories: non-economic damages, economic damages, and punitive damages.

Non-economic damages address the intangible losses that a TBI victim may experience. This includes compensation for pain and suffering, emotional distress, loss of enjoyment of life, and the overall effect on the victim’s enjoyment and quality of life.

TBIs often bring about significant emotional and psychological challenges, and non-economic damages aim to provide financial relief for these intangible aspects of the victim’s suffering.

Economic damages, on the other hand, focus on the measurable financial losses that the TBI victim incurred. This includes medical expenses, both current and anticipated future costs related to the injury. Rehabilitation costs, therapy expenses, and the costs associated with ongoing care and support are also part of economic damages.

Lost income and potential loss of future earning capacity due to the TBI are also recoverable, ensuring that the victim receives fair compensation for the financial burdens resulting from their accident.

Punitive damages punish the responsible party for particularly egregious conduct and deter similar behavior. These damages go beyond compensating the victim, and courts award them when the negligent party’s actions are deemed willful, wanton, or grossly negligent. 

Punitive damages typically require a higher standard of proof regarding the level of misconduct.

In San Jose, California, the legal system emphasizes compensating brain injury victims comprehensively, considering both the economic and non-economic effects of their injuries.

Our skilled, top-performing San Jose personal injury attorneys can play a crucial role in evaluating your case, determining the appropriate damages, and advocating for the maximum compensation that’s available to you.

Where Do TBIs Most Frequently Happen in San Jose?

Brain injuries in San Jose, California, can occur in various locations, each presenting unique risks.

Some of the most common locations include:

  • Area roadways, where motor vehicle accidents often lead to severe head injuries
  • Workplaces, including industrial or construction sites
  • Public spaces, including shopping centers, parks, or recreational areas (such as in slip-and-fall cases)
  • Intersection crosswalks (in the case of pedestrian accidents)
  • Medical settings, including hospitals or clinics in San Jose
  • Recreational spaces, such as sports facilities

Understanding the common locations for TBI occurrences in San Jose emphasizes the importance of preventive measures, responsible behavior by others, and accountability.

Common Causes of TBI Accidents in San Jose

Accidents in San Jose that result from another person’s negligence and lead to TBIs can stem from various causes.

Wilshire Law Firm
  • One prevalent cause is motor vehicle accidents, where negligent behaviors like speeding, distracted driving, or driving under the influence contribute to collisions. The force associated with these accidents can cause severe head injuries for occupants of vehicles – especially if their head strikes the steering wheel, headrest, or window in a crash. Pedestrians and cyclists may also suffer TBIs if their head strikes the ground or another vehicle in an accident.
  • Premises accidents also contribute significantly to TBIs, encompassing structural defects, slip-and-fall incidents, or unsafe conditions on properties. Property owners or managers who fail to maintain their premises in a reasonably safe condition – or fail to provide timely warnings or repair work – may ultimately be responsible for these accidents and the resulting TBIs. 
  • Workplace incidents are another common cause of accidents leading to TBIs in San Jose. In industrial or construction settings, negligence in maintaining safety standards, heavy and dangerous equipment, and inadequate on-the-job training may result in accidents that cause head injuries. Falls from heights, falling objects and defective machinery can also bring about a TBI that leaves a worker in need of ongoing medical treatment. 
  • Medical malpractice, including misdiagnoses and surgical errors, also significantly contribute to TBIs. 
  • Finally, recreational activities and sports can be sources of accidents leading to TBIs, especially when the proper safety measures are not in place. Defective pieces of sports equipment, along with inadequate supervision at practices and games, can lead to a player’s devastating head or brain injury. 

Individuals who have suffered TBIs due to negligence need legal guidance to pursue appropriate compensation and hold those responsible accountable for their actions and inactions.

Lifetime Consequences of TBIs 

Suffering a brain injury in a San Jose occurrence due to someone else’s negligent behavior can lead to profound and lifelong consequences for the victim.

The effects extend across various aspects of the individual’s life, affecting their physical, cognitive, emotional, and social well-being.

  • Physically, a brain injury can result in long-term or permanent impairments. Motor coordination difficulties, chronic headaches, dizziness, and sensitivity to light and sound are common physical consequences. These challenges may necessitate ongoing medical treatment, rehabilitation, and adjustments to daily routines, often enduring throughout the victim’s lifetime.
  • Cognitively, individuals with TBIs often experience difficulties with memory, concentration, and decision-making. These cognitive impairments can affect academic or professional pursuits, hindering the individual’s ability to perform tasks that were once routine. These cognitive consequences may also lead to challenges in maintaining a job, affecting the victim’s long-term financial stability.
  • Emotionally, TBIs frequently give rise to heightened irritability, mood swings, depression, and anxiety. Coping with the emotional toll of a TBI can strain relationships, lead to social isolation, and affect the individual’s overall self-esteem and quality of life. Managing these emotional consequences often requires ongoing psychological support and counseling, adding to the challenges that TBI survivors routinely face.
  • Socially, the repercussions of a TBI can be profound. The limitations that a TBI imposes may hinder an individual’s ability to engage in social activities, maintain relationships, or participate in community events. Social isolation is a common consequence, further affecting the individual’s mental health and overall well-being.
  • Financially, the lifetime consequences of a brain injury can be substantial. Ongoing medical expenses, rehabilitation costs, and the potential loss of earning capacity due to the injury can create financial burdens that persist throughout the victim’s life. Seeking compensation through legal avenues becomes crucial to addressing these long-term financial challenges and ensuring that the responsible party is held accountable for the consequences of their negligent behavior.

In essence, the lifetime consequences of suffering a brain injury due to someone else’s negligence in San Jose underscore the importance of comprehensive support, including medical care, rehabilitation, and legal advocacy.

At Wilshire Law Firm, our smart, loyal San Jose brain injury lawyers can handle the legal aspects of your case while you focus on seeking medical treatment and recovering from your injuries.

Fighting the Insurance Company After a San Jose TBI

Our professional San Jose personal injury attorneys play a pivotal role in assisting individuals who suffered a TBI in an occurrence due to someone else’s negligence – particularly when dealing with insurance companies. Our experience allows us to navigate the complex legal processes and ensure fair compensation for our clients.

At Wilshire Law Firm, we can serve as your advocate when interacting with insurance companies. Insurance adjusters often aim to minimize payouts, and we can effectively negotiate on your behalf to secure the fair compensation you deserve. This process involves presenting a compelling case, backed by evidence and legal experience, to counter any attempts by the insurance company to undervalue your claim.

If the insurance company denies liability in your case or challenges the extent of your brain injury, we can promptly investigate the circumstances surrounding your accident. This may involve gathering witness statements, consulting with medical experts, and utilizing accident reconstruction specialists to build a robust case that establishes the responsible party’s negligence.

We can also shield you from the complexities and stress of dealing directly with the insurance company. This allows you to focus on your recovery while we manage the intricacies of your case, ensuring that communication with the insurance company is handled professionally and that your rights and best interests remain protected throughout the entire process.

Finally, we can assess the full extent of your damages beyond your immediate medical expenses, considering your long-term care, rehabilitation costs, lost income, and the overall effects of the injury on your life. Our thorough and comprehensive evaluation will strengthen your case for favorable compensation.

Steps You Should Take After Suffering a TBI in San Jose

After suffering a brain injury in an occurrence due to someone else’s negligent behavior, it is essential to prioritize ongoing medical treatment and retain evidence to support your case. Seeking immediate and continuous medical care is crucial for your health and well-being.

A TBI may have long-term consequences, and prompt medical attention can mitigate the severity of these effects. You need to follow your healthcare provider’s recommendations, attend follow-up appointments, and participate in any necessary rehabilitation or therapy.

Simultaneously, preserving evidence is vital for building a strong case if you decide to pursue legal action. Therefore, document any details related to the accident, including the date, time, location, and any factors that may have contributed to the incident. Keep records of all medical evaluations, diagnoses, treatment plans, and communications with healthcare providers.

Next, you need to collect and retain any relevant physical evidence, such as photographs of the accident scene, damaged property, or any contributing factors. If there were witnesses, you should gather their contact information and forward that information to our legal team.

In addition, maintain a detailed record of the effect of the brain injury on your daily life. Specifically, document how the injury has affected your ability to work, engage in daily activities, and maintain relationships. This information can help us quantify your non-economic damages.

The experienced legal team at Wilshire Law Firm can guide you through the legal process, advise on the preservation of evidence, and build a compelling case to seek the compensation you deserve for the consequences of your brain injury.

Call a TBI Lawyer in San Jose Today

If you or a person you love suffered a brain injury in San Jose due to another person or entity’s negligence, time is of the essence. The knowledgeable team of personal injury lawyers at Wilshire Law Firm will aggressively fight for your rights and advocate for the fair settlement or litigation compensation you deserve to recover.

For a free case evaluation and legal consultation with an experienced San Jose brain injury attorney, please call our office at (408) 560-4642 or contact us online today.

Our San Jose Location

Wilshire Law Firm

4340 Stevens Creek Blvd UNIT 287
San Jose, CA 95129
Tel: (408) 560-4642

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By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 a.m. PST - 9:00 p.m. PST). This is so that we may reach you as soon as possible in order to consult on your potential case.