San Jose Anoxic Brain Injury Lawyer
When the Brain Loses All Its Oxygen, Families Need Answers Fast.
An anoxic brain injury happens when the brain’s oxygen supply is cut off completely. If an accident someone else caused led to it, our San Jose attorneys help victims and their families pursue compensation.
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A Complete Loss of Oxygen Can Change a Life in Minutes
Most of the time, we breathe without thinking about it, and oxygen travels from the lungs through the bloodstream to every part of the body. The brain needs that oxygen to function. An anoxic brain injury happens when the supply is cut off entirely, and total oxygen deprivation can kill brain cells in just a few minutes.
When that happens in the aftermath of an accident, the effects can be devastating: disorientation, memory loss, trouble thinking and speaking, and in serious cases, a vegetative state. Many victims can’t manage a claim themselves, which is why this work so often falls to a spouse, parent, or adult child.
You may have an anoxic brain injury claim if:
An accident someone else caused cut off oxygen to your brain, or to a loved one's
A doctor has diagnosed a brain injury from a loss of oxygen
The injury requires ongoing care, or has affected the ability to live and work normally
The accident happened within the last two years
If you’re reading this for someone you love, we can talk with you now. The consultation is free, and you pay nothing unless we win.
What to Do After an Anoxic Brain Injury
Get emergency treatment immediately.
Care may start with emergency services and continue through hospital care and further treatment, depending on how severe the injury is.
Ask the medical team to document the cause.
Records that explain how and why oxygen was cut off are the link between the accident and the brain injury.
Name one family member as the point of contact.
Someone needs to collect records, track costs, and speak for the injured person while they can’t.
Preserve evidence of the event.
Reports, witness names, photos, and anything else that shows how the accident happened and who was responsible.
Keep track of long-term costs.
Initial treatment can grow into long-term care, and the costs build over time. Save every bill and record of lost income.
Talk to a lawyer before the insurer.
We gather the diagnosis, the evidence of cause, and the proof of fault while your family focuses on care.
What an Anoxic Brain Injury Claim Should Cover
Because an anoxic injury involves a complete loss of oxygen to the brain, the costs rarely stop with the first hospital stay.
Emergency and hospital care
From emergency services through hospital treatment and further care.
Long-term care
The ongoing treatment and support a severe anoxic injury can require, and the large costs that build over time.
Lost earnings and opportunities
Income lost when the injury substantially decreases the ability to live and work normally, now and in the future.
Pain and suffering
The physical and emotional toll of the injury, including changes in memory, thinking, speech, and mood.
How We Build an Anoxic Brain Injury Claim
Any claim for an anoxic brain injury must show two things: the fault of the person, people, or entity that caused it, and the damages the injury has caused.
We establish the cause. Oxygen can be cut off in several ways: a lack of breathing, as in suffocation or drowning; toxic chemicals that stop the blood from carrying oxygen to the brain; or a physical restriction of blood flow to the brain. We gather the evidence of the event, the medical diagnosis, and the likely cause, and identify who is responsible.
We document the injury and its care. Your family shouldn’t have to piece together medical records while caring for someone they love. We document the injury and every stage of treatment.
We keep every path open. A claim may be resolved through an insurance settlement, a lawsuit, or both, since an insurance claim can turn into a lawsuit and insurers can settle before or during litigation. Our team’s insurance-industry experience helps us press for fair payment either way.
California Law for Anoxic Brain Injury Claims
Fault must be proven
The claim has to show that a person or entity caused the injury, through evidence of the event and the medical diagnosis.
The two-year deadline is your leverage
California Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. The ability to sue is what brings an insurer to the negotiating table; without it, a victim can lose the chance for compensation. Claims involving a government entity can be due within six months.
Settlement and lawsuit aren't either-or
An insurance claim can lead to a lawsuit, and an insurer can settle before or during litigation.
Partly at fault? You can still recover
Under California’s pure comparative negligence rule, compensation is reduced by the injured person’s share of fault, never eliminated.
What Our Clients Say
Attorney Jimin Oh was really helpful with my case. She really took care of my case and I could really rely on her. She would always check up on me…
Carina Amigable
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.
Jimin from the start was very professional and accommodating. She came out to east bay to meet with me. We met once, she ask for the background of the incident…
Ethan Vu
San Jose Anoxic Brain Injury FAQs
What is an anoxic brain injury?
It’s a brain injury caused by a total deprivation of oxygen to the brain. Without oxygen, brain cells can die in just a few minutes.
How is an anoxic injury different from a hypoxic injury?
An anoxic injury involves a complete cutoff of oxygen to the brain. A hypoxic injury involves a partial restriction, where the brain still gets some oxygen but not enough.
How can oxygen to the brain be cut off completely?
Through a lack of breathing, as in suffocation or drowning; through toxic chemicals that stop the blood from carrying oxygen; or through a physical restriction of blood flow to the brain.
What are the symptoms of an anoxic brain injury?
Symptoms can include disorientation, memory impairment, loss of cognitive control and speech, and loss of consciousness. Serious anoxic injuries can leave victims in a vegetative state, with severe mood changes and seizures.
My loved one can't speak for themselves. Can our family bring the claim?
Please call us. Loved ones often take the first step after an anoxic brain injury, and we’ll explain how the claim can move forward and work with your family throughout.
What compensation is available?
Medical costs from emergency care through long-term treatment, lost earnings and opportunities, and pain and suffering.
How long do we have to file?
Generally two years under California Code of Civil Procedure § 335.1, and as little as six months if a government entity is involved. Keep the lawsuit option open even while talking with an insurer.
What does hiring you 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
A brain injury can rob someone of normal functioning in minutes. Loved ones shouldn’t have to face the claim alone. 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
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