Traumatic brain injury (TBI) cases are often far more complex than typical personal injury claims, and pursuing fair
compensation requires legal experience. Unlike visible injuries such as broken bones or lacerations, TBIs involve
internal damage to the brain that can be difficult to diagnose, quantify, and fully understand. The effects of a TBI
may be subtle at first, with symptoms such as memory problems, difficulty concentrating, mood changes, or headaches
appearing gradually over time, making it challenging to determine the extent of the injury and its long-term
impact.
Because TBIs often require extensive and ongoing medical treatment, cases frequently involve complicated calculations
of current and future medical expenses, lost earnings, and diminished earning capacity. In addition, individuals
must carefully document non-economic damages such as pain and suffering, emotional distress, and loss of quality of
life and support these claims with expert testimony.
Insurance companies are acutely aware of the high value of TBI claims and often employ aggressive tactics to minimize payouts. That is why having a knowledgeable brain injury lawyer is essential. At Alexander Law Group LLP in San Jose, our attorneys help clients handle the medical, legal, and financial challenges of TBI cases, ensuring that victims receive the compensation they deserve while they focus on recovery.
Key Takeaways About Traumatic Brain Injury Cases
- Traumatic brain injuries are the worst-case scenario after you have been in an accident.
- A TBI can mean that you and your loved ones’ lives will change, perhaps permanently.
- TBI cases are more complicated than other types of personal injury lawsuits, given the medical complexities and the higher value of your case.
- Insurance companies may make your case more difficult because they know that they will owe you a considerable amount of money if their policyholder is responsible for the accident.
- You may need to file a lawsuit to have the best chance of recovering full compensation for a TBI.
- Speak to a San Jose brain injury attorney to begin the legal process of seeking the damages that you deserve.
What is a TBI?
A traumatic brain injury (TBI) is a type of brain injury caused by a sudden impact, blow, jolt, or penetration to the head that disrupts normal brain function. TBIs commonly occur in events such as car accidents, slips and falls, sports injuries, workplace accidents, and assaults. The severity of a traumatic brain injury can range from minor to severe, depending on the force of the impact and the extent of damage to the brain.
TBIs can include the following:
- Concussion: A concussion is the most common and most minor form of TBI. It occurs when a blow or jolt to the head causes temporary disruption of brain function. Symptoms may include headaches, confusion, dizziness, memory problems, and sensitivity to light or noise.
- Contusion: A contusion is a bruise on the brain caused by a direct impact to the head. Contusions can lead to bleeding and swelling and may require surgical intervention if pressure builds within the skull.
- Diffuse Axonal Injury (DAI): Diffuse axonal injuries occur when the brain rapidly shifts inside the skull, often due to violent shaking or rotational forces, such as in high-speed car accidents. DAI is one of the most severe forms of TBI and can result in widespread brain damage and long-term unconsciousness or coma.
- Penetrating Brain Injury: This type of TBI happens when an object pierces the skull and enters the brain tissue, such as from gunshot wounds or severe industrial accidents. Penetrating injuries are typically severe and life-threatening.
- Anoxic or Hypoxic Brain Injury: While sometimes categorized separately, these injuries occur when the brain does not get enough oxygen due to trauma, such as near-drowning or cardiac arrest following an accident. Oxygen deprivation can cause permanent brain damage within minutes.
Minor TBIs may cause temporary symptoms such as headaches, dizziness, confusion, memory problems, or sensitivity to light and noise. More severe TBIs can result in long-term or permanent complications, including cognitive impairment, personality changes, speech difficulties, motor function loss, and emotional or behavioral challenges. In the most serious cases, TBIs can be life-threatening.
Symptoms may appear immediately or develop over time, making TBI diagnosis and treatment complex. Medical evaluation,
imaging studies, and ongoing care are often necessary to manage a traumatic brain injury. Because TBIs can have lasting effects on a
person’s
ability to work, maintain relationships, and live independently, they are often central issues in personal injury
and medical malpractice cases.
TBI Victims May Never Be the Same Again
Those who suffer traumatic brain injuries may never be the same again, even when the injury is minor. A TBI can
permanently alter how a person thinks, feels, and interacts with the world. Cognitive changes such as memory loss,
reduced concentration, and impaired decision-making can make everyday tasks difficult and interfere with work,
education, and independence.
TBIs can also cause profound emotional and behavioral changes. Many survivors experience mood swings, depression,
anxiety, irritability, or personality changes that strain relationships with family and friends. Physical symptoms,
including chronic headaches, fatigue, balance problems, and sensitivity to light or noise, may persist long after
the initial injury.
In more severe cases, a TBI can result in permanent disability, requiring ongoing medical care, therapy, and
assistance with daily activities. Even when outward signs of injury are not visible, the internal effects can be
life-altering. Because traumatic brain injuries often have lasting and unpredictable consequences, survivors and
their families may face long-term emotional, physical, and financial challenges that reshape their lives
forever.
There Are Steep Financial Costs of Treating a TBI
The costs of treating a traumatic brain injury can be substantial and often extend far beyond the initial emergency care. Immediate expenses may include ambulance transportation, emergency room treatment, diagnostic imaging such as CT scans or MRIs, hospitalization, and, in severe cases, surgery or intensive care. These early medical costs alone can be overwhelming.
Long-term treatment frequently represents the most significant financial burden. Many TBI survivors require ongoing
care such as physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation to regain lost
skills or adapt to permanent impairments. Prescription medications to manage pain, seizures, sleep disorders, or
mood changes can add to the expense over time.
In severe cases, individuals may need in-home care, assistive devices, or modifications to their homes or vehicles to accommodate mobility or cognitive limitations. TBIs can also reduce or eliminate a person’s ability to work, leading to lost income and diminished future earning capacity. When an individual combines these medical expenses, long-term care needs, and financial losses, the total cost of treating a traumatic brain injury can reach hundreds of thousands, or even millions of dollars over a lifetime.
It Can Be Difficult to Calculate Your Damages in a TBI Case
Calculating damages in
a traumatic brain injury case is particularly challenging because the effects of a brain injury are often complex,
evolving, and difficult to measure. Unlike many physical injuries with clear recovery timelines, TBIs can produce
symptoms that change over time, making it hard to predict long-term outcomes and future care needs. Some individuals
may appear to improve initially, only to experience setbacks or worsening cognitive and emotional impairments months
or years later.
One major challenge is quantifying non-economic damages such as pain and suffering, emotional
distress,
loss of enjoyment of life, and personality changes. These harms do not come with receipts or fixed dollar values,
yet they can profoundly affect a victim’s daily life and relationships. Jurors and insurance companies may struggle
to fully appreciate the invisible nature of cognitive deficits, memory loss, or behavioral changes.
Future medical costs also present difficulties. Many TBI victims require lifelong treatment, including therapy,
medications, assistive services, or in-home care. Accurately estimating these expenses often requires expert input
from medical professionals, life care planners, and economists.
Lost income and diminished earning capacity further complicate the calculation of damages. A TBI may prevent someone from returning to their prior job or working at all, particularly when cognitive or emotional impairments interfere with job performance. Projecting future earnings loss requires a detailed analysis of career trajectory, education, and long-term disability.
The Insurance Company Is More Difficult When Damages Are High
Insurance companies can be especially difficult in traumatic brain injury (TBI) cases because these claims are often
worth significantly more money than typical personal injury cases. The long-term and sometimes lifelong consequences
of a TBI translate into higher medical expenses, higher lost income, and substantial pain and suffering damages. As
a result, insurers have a strong financial incentive to limit what they pay.
One common tactic is downplaying the severity of the injury. Insurance companies may argue that the victim suffered
only a minor concussion or that ongoing symptoms are unrelated to the accident. Because many TBI symptoms, such as
memory loss, fatigue, or personality changes, are not always visible on imaging tests, insurers often claim they are
exaggerated or preexisting.
Insurers may also dispute future damages, questioning the need for long-term treatment, rehabilitation, or in-home
care. By challenging medical opinions and life care plans, they attempt to reduce projected costs and settlement
value. Delays, excessive documentation requests, and low initial settlement offers are also common strategies to
pressure injured individuals into accepting less than their case is worth.
Because TBI cases involve high stakes and complex medical evidence, dealing with insurance companies without
experienced legal representation can be overwhelming. Skilled advocacy from a brain injury lawyer is often crucial
to countering these tactics and pursuing full and fair compensation.
How a Brain Injury Attorney Can Help You
Suffering a traumatic brain injury can be life-changing, affecting your ability to work, maintain relationships, and
perform everyday activities. The aftermath that follows such an injury, including the legal and medical hurdles can
be overwhelming. Working with a personal injury lawyer with
experience in brain injury cases is critical to protecting your rights and pursuing fair compensation.
A brain injury lawyer begins by evaluating the circumstances of your case to determine liability. They gather and
review medical records, accident reports, witness statements, and any other evidence that links the injury to the
responsible party. This investigation helps establish the strength of your claim.
Because TBIs often require long-term treatment, an attorney works with medical experts, life care planners, and
vocational specialists to calculate the full extent of your damages. These costs include current and future medical
expenses, lost earnings, diminished earning capacity, and non-economic damages such as pain, suffering, and
emotional distress. Properly documenting these damages is vital to obtaining fair compensation.
A brain injury lawyer also handles all communication with insurance companies. Insurers may attempt to minimize
payouts, dispute liability, or downplay the severity of your injuries. Your lawyer protects you from these tactics,
negotiates aggressively, and ensures that settlement offers reflect the true value of your case.
If you cannot reach a fair settlement with the insurance company, a brain injury lawyer is ready to take your case to court, presenting evidence and expert testimony to advocate for your rights. With legal guidance, you can focus on recovery, knowing that a professional is handling your case to achieve the best possible outcome.
Frequently Asked Questions About Traumatic Brain Injuries
How does your brain injury lawyer come up with the value of your case?
Your brain injury lawyer may work with doctors, life care planning experts, and vocational experts to determine the
value of your case. This calculation must be correct, and the evidence must support it.
Is my TBI case more likely to go to trial?
Cases that have a higher monetary value are more likely to go to trial, meaning
that you may have to litigate your brain injury case.
How long does a TBI case take to resolve?
Timelines vary widely. Some cases settle in months, but complex cases with disputed liability or severe injuries can
take years, especially if litigation is necessary.
Schedule a Consultation Today with a San Jose Brain Injury Attorney
You can schedule a free initial consultation with a brain injury lawyer at Alexander Law Group LLP, where you can take the first step towards potential financial compensation in your case. It costs you nothing out of your own pocket, and you only pay your brain injury attorney if you win your case.
