A brain injury changes more than your health. It changes how you work, how you connect with your family, and how you see yourself. If you or someone you love suffered a traumatic brain injury in an accident, you need a brain injury attorney who understands both the medicine and the law behind these cases.
The Herman Firm represents brain injury victims throughout Walnut Creek and the wider San Francisco Bay Area. As your traumatic brain injury lawyer, we build the medical and financial case insurance companies can’t dismiss, so you can focus on recovery while we handle everything else.
How Doctors and Insurers Classify a Brain Injury
Insurance companies treat every severity level differently, and the classification your medical records use can quietly shape your entire claim.
Often shows a normal CT or MRI scan, which insurers use to argue the injury isn’t serious. Symptoms like headaches, memory problems, and light sensitivity can still be very real and very disabling, even when imaging looks clean.
Usually involves a longer loss of consciousness and clearer imaging findings. Recovery often requires rehabilitation, and insurers are more likely to acknowledge real impairment, though they still fight hard on long-term impact.
Involves lasting cognitive, physical, or behavioral impairment that changes a person’s ability to work and live independently. These cases require life care planning and expert testimony to value correctly.
Determining the true severity of a brain injury, and proving it to an insurance company, is one of the central challenges in any TBI claim. Medical records, neuropsychological testing, and statements from family and coworkers all become critical evidence.
Common Causes of Brain Injuries We Handle
High-speed and rear-end collisions are the leading cause of the traumatic brain injury cases we see in Walnut Creek and the Bay Area.
Collisions involving commercial trucks often produce more severe brain injuries because of the force involved in the impact.
Falls are a leading cause of head injury, especially for older adults and on poorly maintained property.
Falls from height, falling objects, and equipment accidents can all cause serious head and brain trauma on the job.
Pedestrians and cyclists struck by vehicles face a high risk of head injury with little protection on impact.
Repeated or single severe impacts during sports and recreational activities can cause concussions and more serious brain injuries.
If your brain injury happened in a crash, our Walnut Creek car accident lawyer team can also help you understand your full claim. Injuries from larger vehicles often involve our Walnut Creek truck accident lawyer practice, and falls are frequently handled alongside our Walnut Creek slip and fall attorneys.
Brain Injury Results for Our Clients
Settlement for a client with a mild traumatic brain injury. Mild does not mean minor, and the right medical proof shows it.
Mild traumatic brain injury for a pedestrian struck by a vehicle.
Mild traumatic brain injury caused by a commercial truck crash.
Past results do not guarantee a similar outcome. Every case is different. See more on our case results page.
Types of Brain Injuries We Handle
We represent clients across the full range of head and brain injuries, including:
- Concussions and mild traumatic brain injuries
- Moderate to severe traumatic brain injuries
- Diffuse axonal injuries from rapid deceleration
- Skull fractures and penetrating head injuries
- Anoxic and hypoxic brain injuries
- Catastrophic brain injuries requiring lifelong care
Whether you are dealing with a concussion that has not gone away or a catastrophic brain injury that will need care for the rest of your life, we build the claim around your actual, long-term needs rather than a quick settlement offer.
What to Do After a Brain Injury Accident
See a doctor immediately, even if your symptoms seem mild or a scan comes back normal. Brain injury symptoms can take hours or days to fully appear.
Keep a daily log of headaches, memory issues, mood changes, and anything that feels different. This record becomes powerful evidence later.
File a police report for car, truck, or pedestrian accidents, or a formal incident report for workplace and property accidents.
Attend every follow-up appointment and therapy session your doctor recommends. Gaps in treatment give insurers an excuse to argue your injury wasn’t serious.
Insurance adjusters call quickly and often ask leading questions. Read our guide on handling insurance adjusters before you speak with one.
Brain injury claims are won or lost on medical evidence and timing. Acting quickly protects your case and your right to full compensation.
Serving Walnut Creek and the Bay Area
We are based in Walnut Creek, and we know the local courts, the local hospitals, and the insurance adjusters who cover this area. Serious head injuries in Contra Costa County are usually taken to John Muir Medical Center in Walnut Creek, the county trauma center, and many of our clients continue care at John Muir, Kaiser, or UCSF. Brain injury lawsuits filed in the county are heard at Contra Costa County Superior Court in Martinez.
We represent brain injury victims throughout Contra Costa County and the wider San Francisco Bay Area, and Michael Herman can meet you at our office, at home, or at the hospital.
- Walnut Creek
- Concord
- Danville
- Lafayette
- Orinda
- Alamo
- Contra Costa County
- Oakland and Berkeley
- San Francisco Bay Area
- Sacramento
- Statewide California
- Surrounding East Bay communities
Frequently Asked Questions
There’s no single average, because settlement value depends heavily on severity. A mild concussion with a full recovery settles very differently than a moderate or severe TBI with permanent effects. What drives the number up is clear medical documentation, expert testimony on long-term impact, and proof of how the injury has changed your ability to work and live independently.
Your claim’s worth comes down to three things: the severity of the injury, the cost of past and future medical care, and the impact on your income and daily life. A brain injury lawyer builds your claim’s value by documenting all three clearly, rather than accepting the insurance company’s first offer based only on your initial ER visit.
Symptoms can appear immediately or develop over the following days. Common signs include headaches, dizziness, confusion, memory problems, sensitivity to light or noise, mood changes, and trouble concentrating. Because a normal CT scan doesn’t rule out a real brain injury, it’s important to see a doctor and keep a record of any symptoms that appear after a crash, even if you feel fine at first.
Proving a TBI claim relies on consistent medical records, neurological and neuropsychological testing, and often testimony from specialists who can connect your symptoms to the accident. We also gather statements from family, friends, and coworkers who can describe the changes they’ve seen, since cognitive and behavioral effects are often more convincing to an insurer than test results alone.
A well-built brain injury lawsuit accounts for effects that may not be obvious right away: ongoing memory or concentration problems, personality or mood changes, reduced ability to work at your previous capacity, and the cost of any long-term therapy or in-home support you’ll need going forward. We work with medical experts to project these costs accurately so a settlement doesn’t fall short years down the road.
Talk to a Brain Injury Lawyer Today
If you or a family member suffered a brain injury in an accident, don’t wait to get answers. The Herman Firm offers a free, no-obligation consultation, and you pay nothing unless we win your case.
What qualifies as a traumatic brain injury (TBI) in a personal injury claim?
A TBI is any injury that disrupts normal brain function, caused by a blow, jolt, or penetrating injury to the head. In car accidents, falls, and workplace incidents, TBIs range from mild concussions to severe, life-altering injuries. If someone else’s negligence caused the injury, you may be entitled to compensation for medical care, lost income, and long-term care needs.
What compensation can I recover for a brain injury in California?
Compensation depends on the severity of the injury, medical and rehabilitation costs, lost wages and future earning capacity, and the impact on your daily life. An attorney can evaluate your specific case and pursue full compensation from the at-fault party’s insurance.
How long do I have to file a brain injury lawsuit in California?
In most cases you have two years from the date of the injury to file a lawsuit under California Code of Civil Procedure 335.1. If a city, county, or other public agency is involved, you usually must file a government claim within six months. Missing either deadline can permanently bar your claim, so it’s important to speak with an attorney as soon as possible.
What if my brain injury symptoms didn’t appear right away?
Some TBI symptoms, like memory problems, mood changes, or headaches, can take days or weeks to surface. If you were in an accident and later develop symptoms, seek medical attention promptly and consult an attorney to protect your right to compensation.
Do I need to see a doctor before contacting a lawyer?
Yes. Your health comes first, and prompt treatment also creates the documentation needed to support a claim. Once you’ve been evaluated, our team can help you understand your options.