Justice for Serious Brain Injuries
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San Jose Brain Injury Attorneys

Millions Recovered for Victims of TBI

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 attorney by your side, pursuing compensation can make a huge difference in your recovery. You and your family may be entitled to compensation for your:

  • Hospital bills
  • Future medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering

Our San Jose traumatic brain injury lawyers at Caputo & Van Der Walde LLP have seen the devastation that 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.

For a free case evaluation with an experienced brain injury lawyer in San Jose, call (800) 900-0863. The time for action may be running out, so it is important to act quickly.

Dealing with Life After a Brain Injury

Brain injuries are often difficult to diagnose and can permanently alter the lives of its victims – physically, mentally, and emotionally – since the brain is a highly complex and integral part of the body’s daily functioning. Unfortunately, it is also vulnerable.

Although the brain can construct new neural connections to take over destroyed ones, many brain injury victims will never regain their full brain function.

Despite the resilient architecture of the human skull, if a victim suffers a strong blow to the head, the impact can cause permanent damage to the brain. Sadly, even a minor accident can have serious and long-lasting consequences.

Possible effects of a brain injury include:

  • Physical disabilities
  • Seizures
  • Difficulty speaking
  • Poor memory
  • Learning disabilities
  • Personality changes
  • Emotional problems
  • Paralysis
  • Schizophrenia
  • Depression

Along with these symptoms, victims and their families also have to deal with the emotional reactions to a traumatic brain injury. Injured individuals may feel angry, fearful about the future, or sad about the things they can no longer do.

Many families and victims can also expect to suffer financially after a brain injury. The injured person will likely require medical treatment, may be unable to work for an extended period, and might even need to be placed in a long-term care facility.

In situations where another party's negligence or carelessness caused an individual's brain injury, obtaining the services of an attorney is crucial. At Caputo & Van Der Walde, we provide free consultations to help you make an informed decision about your future and the best course of action moving forward.

Treatment for Brain Injuries

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, broken bones or lacerations for instance, treatment for brain injuries may span several months or even a lifetime. There are no easy fixes for brain injuries that may occur due to attacks, car accidents, and slips and falls. However, treatment options do exist.

Short-Term Care

In the short term, treatment for brain injuries and other locales involves determining the nature and the consequences of the injury that medical professionals will need to address. Surgery may also occur shortly after a traumatic brain injury takes place.

Long-Term Care

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.

Other types of treatments for a traumatic brain injury may include:

  • Physical therapy for physical impairments and loss of motor skills
  • Occupational therapy to help injured individuals perform tasks associated with daily living and possibly return to the work force
  • Prescription drugs to help control seizures and treat mental problems that can occur due to a traumatic brain injury
  • Therapy to deal with the feelings of anger and grief that may occur after a brain injury
  • Additional surgeries
  • Placement in a long-term care facility if injured individuals are no longer capable of looking after themselves
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 the victim may have to be off work for an extended period.

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.

Common Questions About Brain Injuries

Caputo & Van Der Walde offers free initial consultations. During this first meeting, you will have the chance to speak with a compassionate legal representative to learn more about your options and the overall merit of your brain injury case.

What are the different types of brain injuries?

There are two classifications of brain injuries: traumatic and non-traumatic. In the first type, a forceful blow to the head causes the injury. In non-traumatic brain injuries, something other than a blow to the head, such as illness or stroke, causes the damage. Traumatic brain injuries (TBI) are the most common type of brain injuries.

TBI is a form of acquired brain injury (ABI), meaning the injury occurred after birth and is not hereditary, congenital, degenerative, or caused by birth trauma. According to the Brain Injury Association of America, TBI is defined as “an alteration in brain function, or other evidence of brain pathology, caused by an external force.”

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.

What are some common causes of brain 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. Strokes, certain illnesses, and oxygen deprivation during birth can also cause brain injury.

According to the U.S. Centers for Disease Control and Prevention (CDC), the leading causes of traumatic brain injury in the U.S. are:

  • Falls: 35.2%
  • Unknown causes: 21%
  • Motor vehicle accidents: 17.3%
  • Struck by or against an object: 16.5%
  • Assault/violence: 10%

Are brain injuries hard to treat?

Unfortunately, it can be difficult to treat a brain injury, especially when it's severe. Scientists and doctors still have a relatively limited understanding of how the brain actually functions, and brain tissue loss is permanent once it occurs. 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.

Brain injury 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 cases, they may die from their injuries.

What should I do if someone else caused my TBI?

If someone else's negligence directly contributed to or caused a brain injury, the most important thing you can do is contact a brain injury attorney. 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.

We Are Here to Fight for Your Rights

If you or someone you love has suffered a traumatic brain injury as a result of another party's negligence, it is crucial to speak with a brain injury attorney in San Jose as soon as you can. If you wait too long to pursue your claim against the at-fault party, you may unintentionally forfeit your right to compensation. Get started today.

Contact Caputo & Van Der Walde at (800) 900-0863 for a free consultation. We will provide you with the information you need to make the best decisions for your family.


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  • “The personal touch that everyone had was the thing that sets you apart from everyone else.”


  • “Great service, good staff and wonderful Law firm.”

    Melva W.

  • “Our lawyer and his entire staff were extremely approachable and effective in getting a very good settlement from my own insurance company's under-insured motorist coverage. Our lawyer guided my husband and me through the process.”

    Chris G.

  • “In turning to you to handle all of the legal issues that arose out of the accident, I saved myself considerable mental and emotional grief...”

    David S.

  • “Paul is a very personable, approachable, highly knowledgeable attorney whose advice to us during a very difficult time is appreciated beyond measure.”

    Irene R.

  • “We are so grateful we found Paul Van Der Walde! From the very beginning, it was clear Paul and his team would do whatever it took to help us. We're thrilled with the case result, but more importantly, we're thankful they believed in us.”

    Catherine W.

  • “Paul vigorously advances his clients' cases.”

    Phillip G., Attorney

  • “They always responded to my questions/requests promptly and also let me know the progress of my case in the timely manner.”

    Liu X.

  • “I cannot thank you enough for your kindness and expertise in handling my case.”

    Former Client

  • “Top-notch attorney”

    Christian L., Attorney

  • “I can not say enough about the treatment I received during this time.”

    Steve T.

  • “I appreciate your good humor and genuine human-ness. You both are gems....”


  • “We were listened to, sympathized with, and had action taken on our behalf to determine and win a worthy settlement for each one of us. ”

    Jason & Danielle Allen

  • “Everyone at the firm was extremely helpful during what is normally a very complicated and convoluted process.”

    Farouk Rice

  • “Working with Rich could not have been a better experience”

    Christopher H.