Causes of Traumatic Brain Injury in San Jose
How Your Brain Injury Happened Decides Who Has to Pay.
A car crash, a workplace accident, a dangerous fall: the cause of a traumatic brain injury shapes the whole claim. Our San Jose attorneys prove what happened and stop insurers from blaming something else.
$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
Every Brain Injury Starts Somewhere. That's Where Your Claim Starts Too.
A traumatic brain injury can come from any hard blow to the head or neck, or from a sudden change in direction that whips the head back and forth or side to side. Car crashes, industrial accidents, and particularly dangerous slip and falls are all common causes.
The cause matters for two reasons. It affects the kind of injury you may have, from a mild injury that needs limited treatment to serious health effects and even death. And it decides where your compensation comes from: after a car accident, for example, the claim often goes to the other driver’s insurance company.
You may have a brain injury claim if:
You took a blow to the head or neck, or a violent jolt, in an accident someone else caused
You've been diagnosed with a brain injury, or noticed symptoms in the days or weeks afterward
The accident happened within the last two years
Tell us how your injury happened, and we’ll explain what it means for your claim. The consultation is free, and you pay nothing unless we win.
Linking Your Brain Injury to the Accident That Caused It
Get checked, even if you feel fine.
A brain injury isn’t always visible, and it may not be evident for some time after an accident. A prompt medical visit identifies the injury and starts the record that connects it to the accident.
Describe exactly how your head was hit or jolted.
Tell your doctors whether your head struck something, or was whipped back and forth or side to side. Those details belong in your medical record.
Report every symptom as it appears.
Nausea, dizziness, headache, blurry vision, ringing in the ears, and any loss of consciousness. Symptoms that surface later still need to be linked to the accident.
Secure evidence of what happened.
The police or incident report, witness names, and photos of the scene, the vehicle, or the hazard show how the injury was caused and who was responsible.
Don't guess about your history with the insurer.
Insurers look for “intervening causes”: another fall, an old injury, anything but their insured. Let us answer those questions with the records.
Act well inside two years.
The statute of limitations is what gives an insurance claim its teeth. Once it passes, an insurer has little reason to settle.
How the Cause Shapes Your Claim
Car crashes: the other driver's insurer
After a car accident that causes a brain injury, compensation usually comes through a claim with the other driver’s insurance company, backed by the option to sue.
Industrial accidents and dangerous falls: whoever's carelessness caused them
Brain injuries at work sites and in serious slip and falls can support claims too, depending on who was responsible for the conditions that led to the injury.
The type of injury the cause produced
Traumatic brain injuries range from concussions and brain contusions (bruising of the brain with swelling) to skull fractures and intracranial hematomas (bleeding inside the skull, which can clot over time). Each carries different treatment needs, and a different claim value.
Medical costs, lost wages, and pain and suffering
The losses every brain injury claim should document, whatever caused it.
How We Prove What Caused Your Brain Injury
Whether your claim goes to an insurance company or to court, the same principles of fault and negligence apply. You have to show who was responsible and how their unreasonable behavior or choices caused your injury.
Insurance companies know this, and they work to minimize or deny brain injury claims. A common tactic is to argue an intervening cause: that something other than their insured’s conduct actually caused your brain injury. The more time passes before a diagnosis, the harder they press that argument.
We close that gap. We gather the evidence of how the accident happened and who was at fault, tie your medical records and symptoms to that event, and answer the insurer’s alternative explanations before they take hold. Then we negotiate on your behalf, drawing on our experience in the insurance industry.
California Law on Brain Injury Claims
Fault applies outside the courtroom too
Negligence, the legal responsibility for injuries caused by unreasonable behavior, governs an insurance claim just as it governs a lawsuit.
Two years to sue
California Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury lawsuits. After it passes, an insurer can refuse to settle, knowing you have no other legal recourse. Claims involving a government entity can be due within six months.
Delayed symptoms can still be linked
A brain injury that wasn’t evident right away can still be tied to the accident with prompt medical care and a consistent record.
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.
What Our Clients Say
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.
Her services were outstanding. About a half year ago when I got into an accident, I had consultations with several personal injury law firms. I went with Jimin because I…
Hyunah Jang
I would like to share a good experience that I had with Ms. Jimin’s office and hopefully it will help people save time, frustration, and stress. Jimin is just very…
Claudia R.
Causes of Traumatic Brain Injury: Common Questions
What are the most common causes of traumatic brain injury?
Car crashes, industrial accidents, and particularly dangerous slip and falls. Any hard blow to the head or neck can cause one, as can a sudden change in direction that whips the head back and forth or side to side.
Can I have a brain injury if my head didn't hit anything?
Yes. A violent jolt that whips the head back and forth or side to side can cause a traumatic brain injury without a direct blow.
What types of brain injuries can an accident cause?
They range from concussions and brain contusions (bruising of the brain with swelling) to skull fractures and intracranial hematomas (bleeding inside the skull, which can clot over time).
What symptoms should I watch for?
Common symptoms include nausea, dizziness, headache, blurry vision, and ringing in the ears. Some people lose consciousness. Symptoms aren’t always visible and may not appear right away, so see a doctor after any significant accident.
The insurer says something else caused my brain injury. What now?
That’s a common tactic: the insurer argues an “intervening cause” to show its insured wasn’t at fault. Prompt medical records and evidence of how the accident happened are the answer. Let us handle that argument.
Is this an insurance claim or a lawsuit?
It can be either. After a car accident, the claim often starts with the other driver’s insurance company. The two-year window to file a lawsuit is what keeps the insurer negotiating, so don’t let it pass.
How much does hiring you cost?
Nothing upfront. We work on a contingent basis, so we only get paid when you get compensation.
Get Your Free, Confidential Case Review, 24/7
Filing a claim might be the last thing on your mind after a brain injury, but with only two years to act, it can’t wait long. 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
