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Caputo & Van Der Walde
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The pain and financial strain caused by a brain injury can be overwhelming. Our team understands the profound impact this can have on your life, and we are committed to fighting for the full compensation you need to heal and move forward. You don’t have to face this journey alone—we’ll be with you every step of the way. Contact us today to speak with an experienced San Jose brain injury lawyer at Caputo & Van Der Walde.
Every year, hundreds of thousands of people in the United States sustain brain injuries. Because of the complexity of the human brain, predicting the outcome of such injuries is impossible. Thousands of people die due to brain injury, and others must deal with mental and physical effects that may persist for the rest of their lives. Taking legal action after you or a loved one has suffered a brain injury due to another individual’s negligence may seem like an unnecessary ordeal, but with the right San Jose brain injury attorney by your side, pursuing compensation can make a huge difference in your recovery.
Our legal services for victims of these injuries can help you recover the money you deserve from these traumatic events. A free consultation with a San Jose brain injury attorney from our firm can help you move forward with your life. You and your family may be entitled to compensation for:
Our San Jose traumatic brain injury lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys have seen the devastation a brain injury can cause not only to the victim but also to the victim’s family. This is why we pride ourselves on giving each and every client the personalized attention and aggressive representation they deserve. Schedule a free consultation with a San Jose brain injury lawyer to discuss your legal options.
Traumatic brain injuries (TBIs) are among the most severe and life-altering injuries a person can endure. These injuries often result from sudden trauma, such as a car accident, fall, or violent assault, and can lead to long-term physical, emotional, and cognitive challenges. Understanding the legal implications of TBIs is crucial for victims and their families, as pursuing compensation can provide the financial resources necessary for recovery and ongoing care. The legal process surrounding brain injury claims is complex, requiring expertise in medical and legal fields to ensure victims receive the justice they deserve.
The legal process for pursuing a brain injury claim begins with a thorough investigation of the incident. This includes gathering evidence, consulting medical experts, and identifying the responsible parties. Once liability is established, the next step involves filing a claim and negotiating with insurance companies or opposing counsel. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome. Throughout this process, having an experienced attorney by your side can make a significant difference in navigating the complexities of the legal system and ensuring your rights are protected.
At Caputo & Van Der Walde, we understand the profound impact a traumatic brain injury can have on victims and their families. Our team is dedicated to providing compassionate and effective legal representation to help clients secure the compensation they need.
From the initial consultation with an experienced brain injury lawyer to the resolution of your case, we are committed to guiding you through every step of the legal process. Your TBI lawyer will work closely with medical professionals, accident reconstruction experts, and other specialists to build a strong case on your behalf.
Despite many advances in modern medicine, the medical community still does not have a good understanding of brain injuries. Therefore, brain injury treatment is complicated.
Unlike other types of injuries, treatment for brain injuries may span several months or even a lifetime. There are no easy fixes for brain injuries that occur due to attacks, car accidents, and slips and falls. However, treatment options do exist.
It is critical to get immediate medical attention after any type of accident that causes these injuries. In the short term, treatment for brain injuries and other locales involves having medical professionals determine the nature and the consequences of the injury. Surgery may be necessary shortly after a traumatic brain injury takes place, adding to your concerns through hefty medical bills.
After the initial surgeries and treatment, the recovery process is usually far from over. Treatment will often be long-term and may take place in the injured party’s home or a long-term care facility. Types of treatments for a traumatic brain injury may include:
Treatment for brain injuries often places an intense emotional and financial strain on injured individuals and family members. Not only can medical expenses add up quickly, but families are also likely to be without the income the injured individual typically brought home.
If you or someone close to you is currently receiving treatment for a brain injury caused by another’s negligence, our San Jose brain injury attorneys may be able to help you secure monetary compensation to cover your treatment costs. Work with our brain injury attorneys who have represented many brain injury cases and advocated for the victims of head injuries.
The severity of traumatic brain injury can range from mild—with temporary symptoms such as headaches, balance problems, fatigue, and nausea—to moderate and severe, which can result in a coma, vegetative state, or locked-in syndrome. As they vary in severity, traumatic brain injuries also result from a variety of causes.
Those who suffer head injuries may have mild concussions, or it could leave them with permanent disability. If you or a loved one has sustained brain damage or other life-altering changes in a car accident or another catastrophic event due to the negligence of another person, contact a brain injury attorney from our San Jose personal injury law firm to get legal assistance. We will fight for full and fair compensation for these debilitating injuries.
Most brain injuries occur when something strikes a person in the head. Fists, bullets, and falling debris at the workplace all have the potential to cause brain injury. A person can also strike his or her head on a steering wheel, the road, or a hard floor during an auto accident, a motorcycle accident, or a slip and fall.
According to the U.S. Centers for Disease Control and Prevention (CDC), the leading causes of traumatic brain injury in the U.S. are:
Unfortunately, it can be difficult to treat a brain injury, especially when it’s severe. Tissue loss in the brain is permanent once it occurs. Therefore, the recovery period is typically lengthy, and some victims never regain the abilities they lost.
After any head trauma, it is imperative that the victim immediately receive medical care. Emergency personnel will determine the severity of the brain injury and determine the best course of treatment, which can result in a range of outcomes. Victims may be treated and released with temporary symptoms; they may be hospitalized, treated, rehabilitated, and released with partial loss of brain and/or body function; they may be hospitalized permanently due to almost complete loss of brain and body function; or, in very severe traumatic brain injuries cases, they may die from their injuries.
If someone else’s negligence directly contributed to or caused a severe brain injury, the most important thing you can do is contact a personal injury attorney with experience in traumatic brain injury cases. They will evaluate the specifics of your case, decide whether it is worth pursuing in court, and help you determine the types of damages you should seek. They will then work diligently to help you obtain the compensation you need to help get your life back on track.
When someone you love has suffered a brain injury, even with medical care, they may never be the same. In these types of personal injury claims, injured victims could have life-long impacts that will cause financial strains. You must seek representation from a brain injury lawyer who will be able to help you calculate the full extent of the damages.
The trouble with a brain injury in San Jose is that many victims think they can get compensation from an insurance company. They don’t think about hiring a San Jose brain injury lawyer because they mistakenly believe filing a claim will be enough to provide for their injuries.
Unfortunately, it doesn’t always work that way. Insurance companies look for ways to minimize their payout by either denying a claim or offering too little to those who have suffered injuries. Since many victims are happy to receive a check, they do not consider all of the financial impacts the injury has caused them or their families.
A brain injury lawyer understands those factors inside and out, and will be prepared to ask for the full amount of compensation that you or your loved one deserves. We will work with medical experts to determine the level of treatment required for the injuries and look at what is expected in the recovery period. If the injuries will require ongoing care, it is essential that this is factored into your settlement.
Other financial costs that victims don’t think to ask for are the related out-of-pocket expenses, lost benefits at work, loss of earning potential, and loss of companionship or consortium when your loved one is no longer capable of them due to their injuries.
| Term | Definition |
|---|---|
| Aneurysm | a blood-filled sac formed in an artery or blood vessel by the weakening of a vessel wall or serious disease. |
| Aphasia | the loss of the ability to understand and/or produce written or spoken language as the result of a disease or serious injury. |
| Brain death | an irreversible end to all brain function and activities. |
| Cerebrospinal Fluid (CSF) | the fluid that protects the spinal cord and brain, also called spinal fluid. |
| Closed head injury | an injury in which the head is fiercely shaken or strikes an object but is not punctured. |
| Coma | the unconscious state typically caused by a serious injury from which the victim cannot be aroused. |
| Concussion | minor injury to the brain which is caused by violent shaking of or a blow to the head. This injury may cause unexpected and temporary impairment of a variety of brain functions. |
| Contusion | swollen brain tissue (bruise) that is mixed with the blood from broken blood vessels. |
| Epidural hematoma | bleeding in between the skull and the dura. Also called extradural hemorrhage. |
| Fluent aphasia | a condition in which a patient can fluently speak but with no meaning and has difficulty understanding written words or spoken language. |
| Global aphasia | inability to produce or understand speech. This disability can be caused by damage to the parts of the brain that control speech and language skills. |
| Hematoma | damage of a major blood vessel in the head which causes heavy bleeding in or around the brain. |
| Hemorrhagic stroke | a stroke that is the result of bleeding in one of the major arteries that leads to the brain. |
| Intracerebral hematoma | bleeding in the brain that results from damage to a blood vessel. |
| Ischemic stroke | the most common type of stroke, which is caused by a clot that blocks blood flow to the brain. |
| Magnetic Resonance Imaging (MRI) | a noninvasive technique used to detect subtle changes in the brain by means of magnetic fields. |
| Neuron | one of the cells that make up the spinal cord, nerves, and brain. |
| Neurotransmitters | the movement of chemicals which transmit nerve signals from one neuron to another. |
| Non-fluent aphasia | a disorder in which people have difficulty remembering words and talking in complete sentences. |
| Open head injury | a head injury in which the skull is penetrated or punctured by a foreign object. |
| Seizures | convulsions, emotional problems, muscle spasms, and/or unconsciousness caused by abnormal activity of nerve cells in the brain. |
| Subdural hematoma | bleeding located between the dura and the arachnoid membranes. |
| Thrombosis | a blood clot that forms in the same location the brain was injured. |
| Vegetative state | a condition in which patients are unconscious but continue to have a sleep/wake cycle and are sometimes alert. |
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.