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San Jose Traumatic Brain Injury Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents traumatic brain injury victims throughout San Jose and Santa Clara County. A traumatic brain injury — TBI — is among the most serious consequences of an accident. Unlike a broken bone, which heals on a predictable timeline, a TBI can alter memory, personality, cognitive function, and the ability to work and maintain relationships in ways that are not always immediately visible and may not fully manifest until weeks or months after the injury. Establishing the full extent and permanency of a TBI requires medical evidence, neuropsychological testing, and in serious cases, expert testimony. The legal framework for recovering damages must be built around that evidence.

What Causes a TBI

A traumatic brain injury results from a bump, blow, or jolt to the head, or from a penetrating head injury, that disrupts the normal function of the brain. In personal injury cases in San Jose, TBIs arise most commonly from vehicle accidents, motorcycle crashes, bicycle accidents, pedestrian strikes, slip and fall incidents, and assaults. The injury occurs on a spectrum from mild — which includes concussion — to severe, involving prolonged unconsciousness, amnesia, and permanent neurological impairment.

A mild TBI does not mean a minor injury. Post-concussion syndrome following a mild TBI can produce persistent headaches, cognitive fog, sleep disruption, mood changes, and impaired concentration that affect a person's ability to work and function for months or years. These are real and compensable damages — they require medical documentation and, often, expert testimony to establish their connection to the accident and their expected duration.

The Legal Framework

Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property or person. A defendant who breaches that duty and causes a TBI is liable for all resulting damages. Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur — which is particularly significant in TBI cases, where ongoing cognitive rehabilitation, psychiatric care, and lost earning capacity may extend for years.

The eggshell plaintiff doctrine applies with particular force in TBI cases. A defendant who argues that the victim's brain injury was worse than it should have been because of a pre-existing vulnerability — a prior concussion, a thin skull, an underlying neurological condition — takes the plaintiff as found. The pre-existing condition does not reduce the defendant's liability for the full extent of harm caused.

Damages

Damages in a TBI case include past and future medical expenses (emergency care, imaging, neurological evaluation, rehabilitation, psychiatric treatment), lost earnings and diminished earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases, the cost of in-home care or residential placement may be a significant component of the economic damages claim. Civil Code § 3281 provides that every person who suffers detriment from another's unlawful act is entitled to recover compensation.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

TBI cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles traumatic brain injury cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

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