Brain Injury Cases in San Jose

A traumatic brain injury (TBI) is one of the most difficult injuries to treat. Doctors are usually unable to predict the level of recovery that a person may achieve.

One person may recover most or all their faculties, while others will face a future with serious challenges.

The road to recovery can take many months, require a series of surgeries, and require a long and difficult rehabilitation. If you or a loved one has been in an accident and suffered a brain injury, the need for a fair settlement could not be greater. Brain injury cases, in particular, are a special personal endeavor of founder of The Swanson Law Group, attorney Ben Swanson.

Common causes of TBI

The most common accidents resulting in a brain injury, as reported by the CDC, are:

Falls: About half of hospitalizations for traumatic brain injuries in the USA are fall-related. Whether a slip and fall, trip and fall, construction accident, or other type of fall, the impact can leave a person seriously or catastrophically injured.
Motor vehicle accidents: The impact of a collision with another vehicle or stationary object is a common cause of a traumatic brain injury. These injuries can occur in vehicle accidents at any speed, as the sudden jolt causes the brain to move back and forth within the skull.
Assaults: An assault can include a blow to the head, leading to a serious or fatal brain injury.
Firearm-related injuries: A gunshot to the head is clearly very dangerous, and if the victim survives, could lead to permanent disabilities or a vegetative state.

Types of brain injuries

Brain injuries vary in severity. A person could walk away from an impact to the head not realizing they need medical care, and die hours later. Whenever a person is struck on the head, a full medical assessment should be performed as quickly as possible. The types of brain injuries, as listed by the Centers for Disease Control (CDC) include:

Mild

An impact on the head can cause the brain to move within the skull, damaging brain cells. The symptoms of a concussion include sensitivity to light, dizziness, lack of energy, fatigue, nausea, vision problems, memory problems, anxiety, irritability, emotional difficulties, sleep problems, and headaches.

Moderate

A moderate TBI can lead to a lifetime of challenges, health problems, and the need for ongoing treatment. The symptoms include loss of consciousness, persistent headache, vomiting, nausea, convulsions, seizures, inability to wake up, loss of coordination, confusion, agitation, aggressive behavior, slurred speech, or coma.

Severe

A severe TBI brings a set of very frightening symptoms, including a severe headache, loss of vision, slurred speech, convulsions, one pupil dilated, vomiting, numbness in limbs, lack of coordination, agitation, confusion, loss of consciousness, coma, vegetative state.

Determining compensation for damages in brain injury cases

As brain injuries often result in severe health issues for weeks, months, years, or a lifetime, the value of these cases can vary dramatically. The first step in determining the value of a brain injury case is a full medical evaluation. As many of the symptoms are emotional or cognitive, a brain injury can have a negative impact on all areas of life, including work, relationships, and lifestyle. To pursue compensation, several types of damages must be given a dollar value:

Economic damages: The cost of medical care (both current and future), rehabilitation, lost wages, lost earning capacity, transportation, medications, and all other hard costs associated with the brain injury.
Non-economic damages: The personal losses experienced by the injured person are given a dollar value. These damages include pain and suffering, loss of quality of life, emotional anguish, changes in lifestyle, and other personal and emotional losses.
Punitive damages: In some cases in which clear and convincing evidence establishes that the person causing the accident acted in an oppressive or malicious manner, damages intended to punish may be awarded.

Using personal experience to inspire justice

All personal injury attorneys are educated and admitted to the California Bar, but the similarities stop there. At The Swanson Law Group, our founder, Ben Swanson, Esq. and the legal team of Zaneta Conroy, Esq., Greg Shaffer, Esq., and Ethan Niedermeyer, Esq. have achieved exceptional success both in negotiating settlements and at trial.

Attorney Ben Swanson has faced his own health problems and has Parkinson’s disease, a condition that has empowered him to help his clients even more. He has transformed this experience into a superpower, as his profound understanding and compassion drive him to achieve justice and full compensation for his clients. He is able to truly relate to a victim who is in pain or no longer well. This is one of his pillars.

The firm delivers a rare degree of client service, including:

Access to excellent medical professionals, including doctors and specialists, to administer the necessary medical care without the need to pay medical bills until the case is resolved.
Financial support for clients who need assistance while they are waiting for their case to be settled or a verdict reached at trial.
A supportive, empathetic, service oriented, and health-conscious team.
A team that is relentless, dangerous, strategic, unstoppable, and fearsome to the insurance industry.
A strong focus on serving the Hispanic community — a group that is often the target of unfair treatment or bullying by insurance companies.

Brain injury statistics

Brain injuries affect the function of the brain, and these injuries are a major cause of death and disability in San Jose and nationwide. A publication issued by the CDC reveals the extent of the problem:

64,362 people die from TBI-related injuries in the USA in a single year.
In a recent year, 223,000 people were hospitalized for TBI injuries.
15% of high school students reported a sports or recreation-related concussion in a recent year.
32% percent of the deaths were people aged 75 or older.
Males are twice as likely to be hospitalized and three times more likely to die from a brain injury.
16,070 children up to age 17 were hospitalized for a brain injury, with 2774 deaths.

TBI and compensation: Get the legal support you deserve

If you or a loved one has suffered a brain injury, the experience is often devastating. You may be uncertain if your loved one will ever recover, be able to speak, walk, or regain their abilities. It is imperative that you speak to an attorney who genuinely cares about you, your family, and your future. Before our clients meet with us, they often feel anxiety or fear about the future. They feel alone and backed up against the wall by an bully who has unlimited resources.

After we step in, our clients have hope and feel like they’re a part of a winning team. It is now the insurance company or corporation that starts getting nervous. We are the light at the end of the tunnel. Call The Swanson Law Group today for a free case consultation with no pressure — just honest answers.