A brain injury can change how someone thinks, works, sleeps, and relates to family, even when the injury is not visible. If you or someone you love was hurt in a San Jose crash or fall, you may be trying to arrange medical care while an insurance company asks for answers you do not yet have. A lawyer can help you understand what happened, what records matter, and whether another person or organization may be responsible.

Put medical care first. The Centers for Disease Control and Prevention says concussion symptoms may appear hours or days after an injury. A worsening headache, repeated vomiting, a seizure, unusual confusion, or difficulty waking someone are among the signs that call for emergency care. Call 911 if you suspect an emergency. A medical professional, not a law firm, should evaluate the injury.

What should you do after a possible brain injury?

  1. Get medical attention and follow the care plan. Tell the treating professional about the impact and every symptom you notice, including changes in memory, balance, mood, sleep, or concentration. A family member may notice changes the injured person has trouble describing.
  2. Save information about the event. Keep the incident or collision report number, photos, witness details, damaged property, and any messages from the people involved. If a business or public agency has video, note where the cameras are so your lawyer can ask that relevant footage be preserved.
  3. Keep a simple record of the effect on daily life. Save appointment summaries, bills, missed-work information, and notes about tasks that have become difficult. Write down what happened in your own words, without guessing about a diagnosis or a recovery date.
  4. Understand your options before signing an insurance release. An early payment may not account for care or work limitations that are still being assessed. You can ask for a free case review before making a decision.

For a crash investigated by the San Jose Police Department, its vehicle accident report page explains who can request a report and how to do it. If the California Highway Patrol investigated, use its CHP 190 report instructions. The investigating agency matters; one agency cannot provide another agency’s report.

How is a San Jose brain injury claim built?

A diagnosis is one part of the picture. A claim also needs evidence about what caused the injury, who was responsible, and how the injury changed the person’s life. The work may include:

  • Showing what happened. Reports, photographs, video, witness accounts, vehicle information, and property records may help explain a crash or fall. The useful evidence depends on the event.
  • Connecting the injury to the event. Medical records and the history given to treating professionals can establish a timeline. Symptoms can change during recovery, so follow-up care and accurate records matter.
  • Documenting the full effect. Treatment costs, time away from work, reduced earning ability, help needed at home, and changes to everyday activities may all need careful proof. A family’s observations can help explain what records alone do not show.

Our role is to gather and organize that evidence, identify available insurance, deal with the insurer, and explain the choices at each stage. We cannot promise a particular result or predict recovery from a medical record alone.

What kinds of accidents can lead to a claim?

Brain injuries can follow a car crash, a truck crash, a bicycle crash, a pedestrian impact, or a fall caused by an unsafe condition. The cause and the parties involved change the legal analysis. A driver, employer, property owner, contractor, or public entity may be involved, but responsibility has to be established from the facts. GJEL’s California brain injury guide covers the broader statewide issues; this page focuses on help for people injured in San Jose and Santa Clara County.

What deadlines apply in California?

California generally allows two years to file a lawsuit for an injury caused by another’s wrongful act or neglect. That is a general rule, not a deadline to rely on without reviewing the facts. For an injury claim against a public entity, California law generally requires a claim to be presented to the agency within six months. Presenting that claim and filing a lawsuit are different steps. Other rules or exceptions can change the timing.

If a city vehicle, public bus, dangerous public road, or another government agency may be involved, tell the lawyer reviewing your case early. Even when an insurer is discussing settlement, a legal deadline can continue to run.

Questions families ask us

Does a concussion mean I have a legal claim?

Not by itself. The question is whether another party’s conduct caused the injury and whether the evidence supports the losses being claimed. A clinician should determine the medical diagnosis. A lawyer can review the circumstances and explain the legal options.

What if the injured person looks fine but is struggling at home or work?

Tell the treating professional about those changes and keep a record of them. The CDC notes that mild brain injury symptoms can affect thinking, mood, and sleep and may be overlooked by the injured person or others. The effect on daily life deserves an accurate account, without exaggeration or assumptions about the future.

Can a spouse, parent, or other family member contact GJEL?

Yes. A family member can explain what happened, ask questions, and help gather records. We will discuss who can make decisions or authorize representation in the particular situation.