The doctor is displaying a brain X-ray on a laptop to assess the traumatic brain injury pain in front of his patient in San Jose, CA

A traumatic brain injury (TBI) is a serious medical condition that personal injury lawyers often see in clients. A TBI occurs when an external force causes damage to the brain, leading to various cognitive, physical, and emotional impairments.

These injuries can result from accidents such as car crashes, slip and falls, or any situation where the head sustains a blow or sudden jolt. When these accidents happen due to someone else’s negligence, the at-fault party should cover the losses of the injury victims.

If you suffered a TBI in an accident, you can file insurance claims against the liable parties to seek the compensation you deserve. The last thing you should do after a brain injury is fight the insurance company. Put your case in the hands of an experienced San Jose traumatic brain injury attorney who can fight for you.

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Common Causes of Accidental Brain Injuries

Accidental brain injuries can have serious and long-lasting effects on an individual’s physical, cognitive, and emotional well-being.


Here are some of the most common causes of TBI:

  • Car accidentsCar crashes are a leading cause of traumatic brain injuries. Even with seat belts and airbags, the sudden impact and force of accidents can lead to injuries.
  • Truck accidents – Because of the size and weight disparity between semi-trucks and cars, a collision can often cause head trauma and devastating TBIs.
  • Falls – Falls are another leading cause of brain injuries, especially among children and the elderly. Slip and fall accident injuries can occur on wet floors, uneven surfaces, stairs, or from elevated heights. Falls that can result in head trauma at grocery stores, restaurants, and other establishments.
  • Bicycle and motorcycle accidents – Victims of bicycle and bike accidents commonly hit their heads. Helmets can reduce the severity of brain injuries in such accidents, but not all of them.
  • Pedestrian accidentsPedestrians in collisions with vehicles can sustain head injuries due to the sudden impact and force. In these cases, the severity of the injury often depends on the speed and size of the vehicle involved.

While different accidents can lead to TBIs, injury claimants all have one thing in common – someone else was negligent and caused their injuries. If you are in this situation, you may seek compensation from the liable party or parties.


Fortunately, you do not need to identify liability alone, as an experienced brain injury attorney can assess what happened and identify who you can hold liable for your losses.


Who Is Liable for Your Brain Injury?

Liability for brain injuries resulting from falls and motor vehicle crashes depends on the specific circumstances of the incident. Liability involves identifying the responsible party or parties whose actions or negligence contributed to the accident and subsequent injury.


Here’s an overview of liability in falls and motor vehicle crashes, which are the top causes of traumatic brain injuries.



In cases where a fall occurs on someone else’s property, such as a slip and fall in a store or a trip on a poorly maintained sidewalk, premises liability law may apply, and you can hold property owners liable. Property owners must maintain their premises in a safe condition and address potential hazards. If they fail to do so and a fall results in a brain injury, you can hold the property owner liable.


Some parties that might be responsible for fall-related injuries include:

  • Grocery stores
  • Big box stores
  • Malls
  • Arenas
  • Hotels
  • Swimming pools
  • Apartment and condo complexes
  • Private property owners
  • Government agencies

Motor Vehicle Crashes

Driver negligence is the most common cause of traffic accidents. If a driver’s reckless behavior, distracted driving, speeding, or other forms of negligence directly caused the accident and resulting brain injury, you can hold that driver liable.

If the at-fault driver lacks insurance coverage or has insufficient coverage to fully compensate the injured party, uninsured or underinsured motorist coverage from the injured person’s own insurance policy may come into play.

Employers can also be vicariously liable for accidents their employees caused while on the job, if the employee acted within the scope of their employment at the time of the accident. For example, you can hold a trucking company liable when a negligent truck driver crashes while making deliveries.

In cases where a vehicle defect, such as faulty brakes or a malfunctioning airbag, contributed to the accident and injury, you can hold the manufacturer liable for producing a defective product.

The deadliest roads, inadequate signs, and other road-related hazards can contribute to accidents. In such cases, you can hold government entities responsible for road maintenance liable for not addressing these issues.

Liability determinations often require thorough investigation, evidence collection, and legal analysis. If you suffered a brain injury due to a fall or a motor vehicle crash, always consult an experienced injury attorney. They can assess the details of your case, identify potential sources of liability, gather evidence, and prove who should be liable for your injuries.

What Happens After a Brain Injury?

After a brain injury, seek immediate medical attention. Make your health and well-being your top priority. If the injury occurs in an accident, call for emergency medical help or visit a doctor as soon as possible. Prompt medical care ensures your safety and establishes a clear link between the accident and your injury, which you need for your insurance claim.


Insurance companies might contact you, wanting to ask questions and discuss your accident and injuries. This is not the time to speak to any insurance representatives in detail. Doing so can jeopardize your claim and future financial recovery. Instead, politely inform the insurer you are hiring a personal injury lawyer who will take over all communications.


Then, seek a free consultation with injury attorneys in your area who regularly represent TBI victims. Because of the complex and unique nature of this injury, you want a lawyer who understands the economic and non-economic challenges you face with your brain injury. Case evaluations are free, so you have nothing to lose by setting up one or more meetings. The attorney should answer all your questions and address any concerns so you are confident in your choice of representation.


Facing TBI Insurance Claim Challenges 

Traumatic brain injuries can have devastating and long-lasting consequences, affecting not only your physical health but also cognitive and emotional well-being. When dealing with the aftermath of a TBI, the last thing you need is to face resistance from insurance companies when you seek the money you deserve under the law.


Unfortunately, insurance companies often prioritize their profits over your well-being. They use many tactics to resolve claims for much less than injured claimants need, leaving TBI victims to cover their own losses when an accident was not their fault.


Moreover, insurance companies routinely undervalue brain injuries, as these invisible injuries have different effects on different people.


To secure full compensation for your TBI-related losses:

  • Seek legal representation – Enlist the services of a skilled brain injury attorney experienced in handling TBI cases. The right attorney will know the tactics insurance companies use to minimize payouts and will work tirelessly to protect your rights and advocate for your best interests. They will handle all communications, negotiate with the insurance company, and, if necessary, file a lawsuit on your behalf.
  • Gather comprehensive documentation – Thorough documentation creates a strong case against the insurance company. Your lawyer will guide you in collecting all relevant medical records, including diagnoses, treatment plans, prescriptions, and any other documentation related to your TBI. These records should demonstrate the severity of your injury and the ongoing medical care you need.
  • Medical experts – Medical experts are pivotal in substantiating your TBI claims. Consulting neurologists, neuropsychologists, and other specialists can provide objective assessments of the extent of your injury, potential long-term effects, and the necessary treatments. Their expert opinions can carry significant weight during negotiations or in court if the case goes to trial.
  • Maintain a detailed journal – Keep a journal documenting your TBI-related experiences, including physical symptoms, cognitive challenges, emotional struggles, and all the injury-related effects on your life. This journal can illustrate the day-to-day challenges you face and how the TBI has altered your quality of life.
  • Knowing your rights – Your lawyer will review all relevant insurance policy terms and coverage to understand the limitations and exclusions that might affect your claim. This knowledge will empower them to demand the compensation you deserve and challenge any unjust denials based on policy misinterpretations.
  • Be cautious of quick settlement offers – Insurance companies may offer a quick settlement that seems attractive at first glance. However, these offers often fall short of covering the true cost of your TBI-related expenses, especially your long-term care needs. Consult your attorney before accepting any settlement to ensure it aligns with your needs and future requirements.
  • Be patient and persistent – Insurance companies often use delay tactics to wear down claimants, hoping they will accept a lower settlement out of frustration. Stay patient and persistent throughout the process. Your attorney can guide you on the appropriate timeline for your claim and keep you focused on achieving a fair resolution.
  • Strategic negotiations – Your attorney will use evidence, expert opinions, and legal arguments to counter the insurance company’s attempts to undervalue your case.
  • Prepare for possible litigation – While many cases settle without going to court, you and your attorney should always prepare for litigation. Your attorney should take your case to trial if negotiations don’t yield a satisfactory resolution. Their experience and dedication will ensure that you have effective courtroom representation.

Fighting the insurance company after a traumatic brain injury requires diligence, patience, and a strategic approach. Your TBI-related expenses and long-term needs deserve proper compensation.


Your lawyer will gather strong evidence, seek expert opinions, and explain your rights. With the right legal support, you can enhance your chances of securing the compensation you need to move forward with your life after a TBI.


Consult with a TBI Attorney Today About a Possible Case

TBIs are serious injuries that can have lasting and often life-altering consequences for the victim. Lawyers handling personal injury cases involving TBIs work to help clients pursue legal action when their injury stems from the negligence, recklessness, or intentional actions of another party.


These attorneys understand the complex nature of TBIs and the challenges that victims and their families face. They work closely with medical experts to establish a clear link between the accident and the brain injury, ensuring that the injury’s severity and long-term impact are accurately documented. They seek to secure compensation that covers medical expenses, rehabilitation costs, lost income, pain and suffering, and any other damages related to the injury.


Moreover, personal injury lawyers handling TBI cases often emphasize the importanc

Robert Bohn, San Jose TBI Attorney

Robert Bohn, Personal Injury Lawyer

e of proper medical evaluation and treatment. They guide their clients through the legal process while also advocating for the best possible medical care, rehabilitation, and support services to aid the victim’s recovery and quality of life.


A traumatic brain injury is a severe and often devastating condition often resulting from various accidents. If you suffered this severe injury, always contact an injury attorney who helps victims and their families pursue compensation for their losses. Do not wait to seek justice for your injuries and losses – seek a free case evaluation with a San Jose personal injury lawyer today.