The brain is one of the most important organs of the body, as it controls and coordinates all other functions. Despite its central role in the body, it is exposed to the risk of injuries due to accidents and negligent actions.
Victims of brain injuries endure a worsened quality of life. For instance, a brain injury can cause memory loss, hindering your ability to work, socialize, or participate in enjoyable activities. You can pursue compensation from the at-fault party whose negligent actions led to the brain injury.
Even so, you may face resistance from the insurer of the at-fault party that works hard to minimize financial liability.
Our brain injury lawyers at Highway Law Group will investigate the accident, gather evidence, and initiate a compensation claim against the at-fault party. They will also use evidence to negotiate with insurers, so you’ll receive a fair settlement value for your losses.
Get The Compensation You Deserve
Why Choose Us
The ability to recover or cope with a brain injury depends on the settlement value you receive for your claim or lawsuit. Working with our brain injury attorney enhances your chances of a positive outcome. At Highway Law Group, our San Jose brain injury lawyers have decades of experience representing accident victims. We assess the impact of injuries, determine your losses, and work hard toward a fair settlement value.
You can count on our brain injury lawyers to handle the legal aspects of the claim as you focus on recovery.
How Much Is a Brain Injury Case Worth
There is no value you can expect in a brain injury case. The outcome depends on the facts and circumstances of the accident.
Some of the factors that influence the value of a brain injury include:
Severity of the Injury
One of the primary factors that can significantly impact the value of a brain injury claim is the severity of the injury itself. Severe brain injuries that result in long-term disabilities or cognitive impairments will often lead to higher compensation amounts compared to mild concussions or minor head traumas.
Additional factors that influence the value of a brain injury claim include the extent of medical treatment required, the impact on daily activities, and the prognosis for recovery.
Our brain injury attorneys can use medical records to prove the severity of your injury and support your compensation claim.
Shared Fault
In some cases, the injured party may be partly responsible for the accident that caused the brain injury. This concept of shared fault can also affect the final settlement amount for a brain injury claim.
If it is determined that you were partially at fault for the accident, your compensation may be reduced based on the percentage of fault assigned to you. Our brain injury lawyers can use evidence to protect you from being unfairly blamed for the crash.
Availability of Evidence
The strength of the evidence available to support your brain injury claim impacts the settlement value. Medical records documenting the diagnosis and treatment of the injury, witness statements, expert testimonies, and any other relevant documentation can strengthen your case and help substantiate your compensation claim.
You should work with our brain injury lawyers, who can gather and present compelling evidence on your behalf to maximize the value of your case.
Insurance Coverage of the At-Fault Party
The at-fault party’s insurance coverage is the source of compensation for your brain injury claim. If the liable party has limited insurance coverage or is underinsured, it may restrict your ability to receive full compensation for your damages.
Our brain injury attorneys can explore alternative avenues for compensation, such as uninsured or underinsured motorist coverage or a brain injury lawsuit, so you’re fully compensated for your losses.
Duration of Recovery Period
The duration of the recovery period following a brain injury can also influence the value of your case. You may receive a higher settlement value if the injury results in long-term or permanent disabilities that require ongoing medical care, rehabilitation, or support services.
A more extended recovery period can increase the cost of future care and your earning capacity.
Our brain injury lawyers at Highway Law Group, understand the impact of a longer recovery period and will use evidence to prove the resulting losses.
Where Do Accidents Occur in San Jose
Brain injuries are a result of trauma to the head. Accidents that cause brain injuries include physical assaults, slips and falls, and vehicle accidents. Vehicle accidents are a major cause of brain injuries.
Although vehicle accidents can occur in any part of San Jose, road users are vulnerable in specific zones.
Here are specific roads where brain injuries are likely to occur:
- Highway 101: Highway 101, also known as the Bayshore Freeway, is a major artery running through San Jose. With its heavy traffic and high speeds, collisions on this freeway can have severe consequences, including traumatic brain injuries.
- Interstate 280: Interstate 280, or the Junipero Serra Freeway, is another popular route in San Jose that sees its fair share of accidents. Its winding paths and sudden elevation changes can catch even the most experienced drivers off guard, leading to collisions that may result in head injuries.
- Highway 87: Highway 87, also known as the Guadalupe Freeway, is a central transportation corridor in San Jose that connects the city to neighboring areas. The heavy traffic and rapid changes in speed on this highway make it a prime location for accidents, some of which can lead to severe head trauma.
- Capitol Expressway: Capitol Expressway is a major thoroughfare in San Jose that can be prone to accidents, particularly at intersections and during peak traffic hours. Collisions on the Capitol Expressway can result in various injuries, including brain trauma.
You may be entitled to compensation if you sustain a brain injury on any of the above roads. Our brain injury attorneys can use various sources of evidence, including medical records, traffic camera footage, and accident reconstruction experts, to prove your personal injury claim or lawsuit.
San Jose Brain Injury Lawyer
Although many injured victims obtain compensation from the insurer of the at-fault party, some cope without financial support. You should, therefore, work with our brain injury lawyers, who’ll face the insurers and work hard to obtain compensation for your losses.
Our brain injury attorneys can support you if you sustain an injury in any of the following accidents:
- Rear-End Collisions: These accidents occur when a vehicle crashes into the back of another vehicle, often causing sudden jerking motions that can lead to traumatic brain injuries.
- Head-On Collisions: These high-impact accidents involve two vehicles crashing front-to-front, causing severe injuries, including traumatic brain injuries due to the force of impact.
- Side-Impact Collisions: Also known as T-bone collisions, these accidents occur when the front of one vehicle crashes into the side of another, potentially leading to brain injuries from the side impact.
- Roll-Over Accidents: When a vehicle turns over onto its side or roof, occupants can sustain brain injuries from the violent motion and impact with the vehicle’s interior.
- Side-Swipe Accidents: These accidents happen when two vehicles collide along their sides. While they may seem less severe, side-swipe accidents can still result in brain injuries from the impact.
- Intersection Accidents: Accidents at intersections often involve high-speed collisions and complex impact angles, putting occupants at risk of sustaining brain injuries from the force of the crash.
You can count on the legal support of our brain injury lawyers if you sustain any of the following brain injuries:
- Concussion
- Contusion
- Penetration injury
- Diffuse axonal injury
- Coup-contrecoup injury
- Traumatic brain injury (TBI)
- Anoxic brain injury
Fighting the Insurance Company
When you are facing the aftermath of a brain injury caused by someone else’s negligence, the last thing you want to deal with is a stubborn insurance company. Unfortunately, in many cases, insurance companies representing the at-fault party may try to avoid taking responsibility for the full extent of your injuries and damages.
Here’s how our brain injury lawyers can help:
Gathering Evidence
One reason an insurance company may try to dispute your claim is by questioning the severity of your brain injury. They may argue that your injuries are not as severe as you claim or that they were pre-existing conditions.
They hope to minimize the compensation they have to pay by casting doubt on the extent of your injuries. Our experienced brain injury attorneys will gather evidence, such as medical records and expert testimony, to prove the severity of your injuries and ensure you receive fair compensation.
Negotiate With Insurance Providers
Another tactic insurance companies may use is shifting the blame onto you as the injured party. They may argue that you were partly responsible for the accident that led to your brain injury, thereby reducing their liability.
Our brain injury lawyer will investigate the circumstances of the accident, collect evidence, negotiate with the insurance company on your behalf, and fight for a fair settlement value.
Represent You In Court
Your case will go to court if you can’t agree on a settlement with an insurer. In a courtroom setting, our brain injury attorneys will present compelling arguments supported by evidence to build a strong case on your behalf.
From cross-examining witnesses to presenting expert testimony, we will skillfully handle every aspect of your case to pursue the best possible outcome.
What to Do After a Brain Injury
Your actions after a brain injury can enhance your wellness and protect your rights as an injured victim.
Here’s what to do after a brain injury:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel alright after an accident.
Here’s why you should get in touch with a healthcare provider.
Seeking medical attention immediately after a brain injury allows healthcare professionals to assess the severity of the injury and detect any possible complications early on. Conditions such as concussions, bleeding in the brain, or swelling may not always present immediate symptoms.
A healthcare provider will generate a doctor’s note, medical bill, diagnostic report, and other relevant records during treatment. Our brain injury attorneys will use medical records to prove the extent of your injuries and support your compensation claim.
An insurer may question the severity of your injury if you delay seeking compensation for your losses.
File a Police Accident Report
While seeking medical attention is a priority, documenting the incident with a police report strengthens your legal position. The report serves as evidence to prove liability and detail the circumstances of the accident. Without it, important details may be lost or disputed, jeopardizing your ability to seek appropriate compensation.
By filing a police report, you ensure that an official record of the incident is created. A police accident report can support your case when dealing with insurance companies or pursuing legal action.
Further, a police report can provide key information such as witness statements, officer observations, and other valuable details that can strengthen your claim.
Consult Our Brain Injury Lawyer
All legal cases, including brain injury claims, must adhere to legal timelines. For instance, the California personal injury statute of limitations requires injured victims to file lawsuits within two years from the date of the accident.
You can lose your right to compensation if you file a lawsuit beyond the two-year timeline. Our brain injury lawyers understand the applicable timelines and will work hard to initiate the claim within the two-year deadline.
Don’t Face the Aftermath of a Brain Injury Alone
The inability to work and expensive medical expenses due to a brain injury are likely to cause financial strain. You may also endure worsened mental health because of the challenges of adapting to changes caused by the injury.
While you may be entitled to compensation, you must demonstrate how the negligent actions contributed to the injury and losses. Our highly experienced brain San Jose injury attorneys at Highway Law Group can prove the extent of your losses and fight tirelessly for your rights.
They will be your trusted advocates and pursue the compensation you are owed.
Call us today at 844-HIGHWAY for a free case evaluation.