San Jose Traumatic Brain Injury Lawyer
A Brain Injury Isn't Always Visible. Its Costs Are Real.
Our San Jose traumatic brain injury attorneys handle the legal work while you rest and heal, and we make sure the insurer answers for every change the injury has brought to your life.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
Hablamos español · 한국어 상담 가능
When the Injury Is to Your Brain, Everything Takes Longer
A traumatic brain injury happens when a sudden force or blow disrupts how the brain works. Motor vehicle crashes are one of the leading causes. Severe brain injuries can lead to coma or death, but even a mild one, a concussion, can take months to recover from and affect your work, your family, and your energy through every part of the day.
Brain injuries are also easy for an insurer to doubt. You may look fine while struggling with headaches, memory lapses, or confusion that others can’t see. Symptoms can take days to appear, and adjusters use that gap to argue that something else caused them.
You may have a brain injury claim if:
Another driver's or party's carelessness caused your accident, in whole or in part
You were diagnosed with a concussion or other brain injury, or developed symptoms in the days after
The accident happened within roughly the last two years
Thinking and paperwork may be harder right now. Let us carry both. The consultation is free, and you pay nothing unless we win.
What to Do After a Possible Brain Injury
Get medical care right away.
Any blow to the head, or hard jolt in a crash, deserves an evaluation, even if you never lost consciousness.
Watch for delayed symptoms, and ask family to watch too.
Headaches, dizziness, confusion, sensitivity to light and noise, vomiting, fatigue, and memory trouble can surface days later. People close to you often notice changes before you do.
Follow up, and keep following up.
Tell every doctor about every symptom, attend every appointment, and follow your treatment plan. An unbroken medical record is the strongest proof of a brain injury.
Keep a daily symptom log.
A few lines a day on headaches, sleep, focus, mood, and memory lapses. Ask someone to help if writing is hard.
Don't give the insurer a recorded statement.
A brain injury can affect how you recall and describe events; adjusters may use any confusion against you.
Let us handle the rest.
You need rest to heal. We take over the calls, the paperwork, and the evidence.
How We Prove a Brain Injury
Brain injury claims are rarely about whether a crash happened. They’re about proving an injury that doesn’t always show, and what it will cost.
We establish how the injury happened. The mechanics matter. A head that strikes a steering wheel or window, a sudden rotation, or a high-speed, multi-vehicle, or rollover crash that throws the head forward and back can each injure the brain. We gather the crash report, vehicle damage evidence, witness accounts, and footage that show the forces involved.
We document what has changed. Your medical records, your treating doctors, and the people who know you best show the difference between who you were before the crash and the symptoms you live with now: memory loss, slowed thinking and reaction times, fatigue, and cognitive changes.
We put a value on the future. A brain injury can take months or years to recover from, and some effects are permanent. We account for ongoing therapy and care, and for the work you can and can’t return to, before we negotiate.
Our negotiators spent a combined 50+ years inside the insurance industry; they know how adjusters try to discount injuries they can’t see. We pursue every responsible party through settlement discussions or in court.
What Is a Brain Injury Claim Worth?
Every case is different, and no honest attorney guarantees a number. The value of a brain injury claim depends on the severity of the injury, how long recovery takes, and what it changes permanently.
Medical and therapy costs
From the emergency room onward.
- Emergency care, imaging, and hospital stays
- Specialist follow-up and any surgery
- Cognitive, physical, and other rehabilitation therapy
- Future care, if symptoms persist
Lost income and earning capacity
Time off to rest and heal, and the effect of lasting symptoms on the work you can do.
Pain, suffering, and a changed quality of life
Headaches, emotional distress, changes in memory or personality, and the strain on your relationships and daily life.
Who pays
Usually the at-fault driver’s insurer, plus any other party who shares responsibility. If the driver had little or no insurance, your own uninsured/underinsured motorist coverage can fill the gap.
California Law After a Brain Injury
Deadlines
You generally have two years from the date of injury to file a lawsuit, and claims involving a government entity can require a claim within six months. Because brain injury symptoms can develop slowly, don’t wait to see how you feel; call early.
Delayed symptoms don't sink your claim
Symptoms that appear days after the crash are common with brain injuries. Prompt medical care links them to the accident in your records.
Partly at fault? You can still recover
Under California’s pure comparative negligence rule, your compensation is reduced by your share of fault, never eliminated.
Economic and non-economic damages
California law lets you recover both your documented losses, such as medical bills, lost wages, and out-of-pocket costs, and the losses without a price tag, such as pain and suffering, emotional distress, and decreased quality of life.
Protect Your Recovery and Your Claim
Rest is part of the treatment for a brain injury, and so is follow-through. California law expects you to follow your doctors’ orders; missed appointments or a rushed return to demanding work give the defense an argument that you made your injury worse.
Three habits protect you:
- Keep the symptom log going. Especially the bad days, and the tasks that used to be easy.
- Bring someone with you. A family member at medical appointments and legal meetings can help you remember what was said.
- Route every insurer contact through us. A brain injury can make a phone call with an adjuster harder than it sounds.
We coordinate with your medical providers so billing can wait until your case settles, and we keep you updated in plain language, as often as you need.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$1,300,000
Fremont motorcycle crash
Trauma admission, ICU, inpatient rehab
$505,000
Sunnyvale red-light crash
Brain injury, neck and back injuries
$360,000
San Jose passenger crash
Brain injury, neck disc injuries
$253,800
Highway 160 head-on crash
Brain injury
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
From start to finish Jimin has been on my case and very informative about where they are in the process of things... every time it seems like I thought about…
Dominick M.
Jimin Oh worked passionately on my case while constantly updating me on what was happening. I did not know much about my car insurance, so it was helpful for her…
Ok Ray Park
I met with lawyers at other law offices, but after talking to Jimin, I decided to go with her because she was not only smart, honest, but also super caring.…
Annie Y.
Your San Jose Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident; she understands that recovery takes patience, and she built a team around it: an attorney, case manager, and treatment coordinator on every case, so you never have to keep track of it all yourself. Based at 1253 Park Ave, minutes from the Santa Clara County courthouse.
San Jose Traumatic Brain Injury FAQs
Is a concussion a traumatic brain injury?
Yes. A concussion happens when a sudden change in movement makes the brain strike the inside of the skull. It is often called a mild brain injury, but recovery can still take months and affect your work and daily life.
What types of brain injuries happen in car crashes?
Concussions; contusions, or bruising of the brain when the head hits the steering wheel or window; diffuse axonal injuries from sudden rotation or shaking; coup-contrecoup injuries, where the brain is hurt on both the side of impact and the opposite side; and penetrating injuries, when an object breaks through the skull.
My symptoms started days after the crash. Is that normal?
It’s common. Headaches, dizziness, confusion, fatigue, and memory problems can take days to appear. Get evaluated as soon as you notice them, then call us.
What if my scans came back normal?
That doesn’t mean you weren’t hurt. Many brain injuries, including concussions, are diagnosed from symptoms and clinical evaluation. Your ongoing treatment records and the changes others see in you are powerful evidence.
How long will my brain injury case take?
Usually we wait until your doctors understand your recovery, because settling early can leave future care uncovered. Brain injuries can take months or longer to stabilize; we’ll keep you informed at every stage.
Can I still recover if I was partly at fault?
Yes. California reduces your compensation by your share of fault; it doesn’t bar your claim.
How much does a brain injury lawyer cost?
Nothing upfront. We work on contingency; you pay a fee only if we recover for you.
Get Your Free, Confidential Case Review, 24/7
You shouldn’t have to push through paperwork while your brain heals. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
