Causes of Traumatic Brain Injury in San Jose

An accident can cause serious injury, especially if a sudden impact involves the head. Traumatic brain injuries can come from such a blow to the head and severely harm a victim’s health.

Different causes of brain trauma can result in different risks, from mild injury and treatment to more serious health effects and even death. Fortunately, our knowledgeable traumatic brain injury attorneys at Solution Now Law Firm stand ready to advise on these injuries and prepare claims for compensation. To learn more about the causes of traumatic brain injuries in San Jose and how each affects claims, call us today.

Traumatic Brain Injuries and What to Expect

Some causes of traumatic brain injuries include car crashes, industrial accidents, and even particularly dangerous slip and falls. Any hard blow to the head or neck could result in a traumatic brain injury, as can sudden changes in direction that whip the head back and forth or side to side.

Types of Brain Injuries

While all traumatic brain injuries are serious, no two are exactly alike. Injuries can range from concussions and brain contusions (bruising of the brain with swelling) to skull fractures and intercranial hematoma (bleeding inside the skull, which can clot over time).

Symptoms

Not all traumatic brain injuries are visible from the outside, and one may not be evident for some time after an accident. Common symptoms can include nausea and dizziness, headache, blurry vision, and even a ringing in the ears. Sometimes, a loss of consciousness accompanies a traumatic brain injury.

Seeking medical attention after an accident should be a victim’s first step. Getting medical care and identifying traumatic brain injuries, such as in a San Jose-area hospital, can ensure that a victim knows what injuries they have and can document their care for the purposes of making a legal claim.

Getting Compensation Based on a Traumatic Brain Injury

Depending on the circumstances of an accident, a victim may look to file a lawsuit, but sometimes the route to compensation is an insurance claim. For example, the aftermath of a car accident causing a traumatic brain injury could result in a claim with the insurance company of the other driver involved.

Fault and Negligence

Even though a claim may go to an insurance company rather than directly to a court, principles of fault and negligence—the legal responsibility for injuries caused by unreasonable behavior—can still apply. Gathering evidence of the fault of another person and showing how their behavior or choices caused a victim’s injury is all a part of making an insurance claim, and an insurance company will likely try to minimize or reduce the claimed injuries in order to decrease or deny a payout.

Insurance Companies and Claims

An insurance company handling a claim could even claim intervening causes of the traumatic brain injury to try to show a lack of fault on the part of their insured. Dealing with an insurance company is where San Jose lawyers come in handy, as they could negotiate on behalf of an injured victim and increase the chances of success. An attorney could work with a victim to make sure their claim is strong and clear.

Statute of Limitations

Of course, the background to an insurance claim is the potential for filing a lawsuit, which is why accident victim’s need to move quickly. California Code of Civil Procedure § 335.1 sets a statute of limitations of only two years, after which a victim can no longer sue. Therefore, if a victim tries to bring an insurance claim after that two-year period, the insurance company could refuse to settle the claim, knowing there is no other legal recourse.

Discuss Traumatic Brain Injury Claims with a San Jose Attorney

Filing an insurance claim might be the last thing on a victim’s mind after an accident, but the seriousness of brain injuries cannot be overstated. With only two years to bring a claim, an injured person should think about seeking legal counsel as soon as possible.

Our lawyers at Solution Law Firm could investigate the causes of traumatic brain injuries in San Jose to determine how you can best get a settlement in their favor. We bring experience in the insurance industry, and we work on a contingent basis, meaning we only get paid when our clients get compensation. Call our offices or contact us through our website for a consultation.