How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law

How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law

Modesto TBI Lawyer Today

A brain injury can be a severe consequence of many accidents and can have a lifelong impact. Whether you are in a car crash on I-5 or you fall and hit your head while shopping at the Mall de Modesto, a brain injury is a possible result.

If someone else was to blame for your injuries, you might be entitled to financial compensation. However, your case may present challenges for several reasons, not the least of which is getting enough money to compensate you for the significant damages you have suffered. Your brain injury case can take a long time from start to finish, so you should call an experienced personal injury attorney.

The ​Modesto TBI lawyers at Silva Injury Law can work hard for you, fighting to get the maximum compensation you will need both now and in the future. If you have suffered a brain injury, call us today and begin the recovery process.

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Table of Contents

Every Brain Injury Is Serious and Can Have Consequences

​Modesto TBI LawyerEvery year, roughly 1.5 million people suffer some form of brain injury in an accident. Approximately 230,000 of these accident victims will need some type of hospitalization. Any kind of brain injury can be severe and have high costs attached to it, both financial and physical.

There is no such thing as a minor brain injury. Any harm to the brain, even temporary damage, is serious. Even if you fully recover from a concussion, another one in the future can do far more damage. You may then develop a brain injury propensity. Even something that may seem minor at first can put your life and your long-term future in danger.

Permanent and Disabling Brain Injuries

The brain is different from any other part of the body. The brain is the centralized control for all of your body’s functions. Bruises and contusions on other parts of your body may heal without any long-term effects. The same cannot be said of the brain. A traumatic injury may cost you some of your functions, either temporarily or permanently.

The statistics regarding brain injuries are particularly grim. It is not impossible to fully recover from a brain injury, but it can take considerable time and rehabilitation to regain as much of your function as you can. Only 40 percent of people who have suffered a traumatic brain injury can return to work within one year. Those who have suffered brain injuries will have a nine-year life expectancy shorter than the average person.

Those who require inpatient treatment for TBI are more likely to die within five years of their accidents. Therefore, you do not have time to delay the legal process. You must obtain all your compensation to care for your injury and your family.

Different Types of Brain Injuries

The two primary brain injuries are:

  • Closed brain injuries are when there is trauma to the head, and the brain suffers damage
  • Penetrating brain injuries are when the skull is pierced, and something physically damages the brain (while closed brain injuries are never minor, penetrating injuries are even more severe)

Any kind of trauma can damage the structure of the brain’s neurons. The consequences of a brain injury depend on the severity and where in the brain it occurs.

Here are some of the different types of brain injuries:

  • A concussion is when the brain hits the inner wall of the skull.
  • An edema is a brain swelling – unlike the rest of your body, your brain may not expand from the swelling. Instead, the swelling will put pressure on the brain, causing damage.
  • A diffuse axonal brain injury is one in which there is no bleeding, but the cells will permanently die. This type of brain injury is associated with permanent damage and loss of function.
  • A hematoma is when blood pools in and around the brain. This injury can affect oxygen levels in the rest of the body.
  • Skull fractures can depress the area around the brain, and they may lead to leaking spinal fluid.

No matter your specific diagnosis, you need to follow a treatment plan and consult with our Modesto brain injury attorneys about a possible case.

Brain Injury Symptoms

Not all brain injuries are the same. Some accident victims may develop immediate symptoms right after impact. Others may begin to notice symptoms in the days and weeks after an accident.

Here are some signs that you may have suffered a traumatic brain injury in an accident:

  • Nausea and vomiting
  • Loss of consciousness
  • Confusion
  • Irritability
  • Inability to wake up
  • Difficult speaking or forming thoughts
  • Persistent and worsening headaches
  • Blurry or reduced vision

These are not minor symptoms. They may be signs of something far worse that is going on in your brain, and your situation can deteriorate. Do not ignore any of these symptoms, and hope they will go away. Prompt medical treatment can make a difference in your long-term prognosis.

The effects of a brain injury can change and worsen over time, even with treatment. Some people feel TBI effects for months, years, or the rest of their lives.

Some of these include:

  • Cognitive impairments
  • Communication difficulties
  • Physical impairments
  • Sensory challenges
  • Behavioral issues
  • Personality changes

Ongoing care often requires occupational therapy, physical therapy, psychotherapy, and lifestyle changes. This injury can seep into every aspect of your life for a long time and affect your work, health, activities, personal relationships, and more.

Get Immediate Medical Help

If you experience any symptoms, you need to see a doctor immediately. If your condition grows worse because you delayed getting medical help, the insurance company may try to blame you and cut your financial recovery. The insurance company will review your medical file closely to see when you sought medical help and whether you followed the doctor’s recommendation. They may claim that you are partially to blame for the severity of your injury, as tricky as it seems to believe.

You should always get medically checked out if you think there is a possible brain injury. The days after a brain injury are critical. Doctors can help with medical interventions in the short term. The longer a brain injury goes without being treated, the worse it may get. For example, swelling in the brain can cause permanent damage if it is not relieved.

You are better off being safe and getting yourself checked out after any accident where there was either an impact on your head or violently snapped forward. While brain injuries are serious, advancements in medical care may improve your prognosis. If someone else was responsible for your injuries, they must pay for this care.

Contact Our Attorneys Right After Your Accident

You should also contact an attorney at Silva Injury Law as soon as possible after your injury. If you cannot reach out and speak to an attorney, you should have a family member do it. If your loved one suffered an injury, you need to get legal help.

You cannot recover any financial compensation for a brain injury unless you prove that someone else was to blame for your injuries. Receiving a settlement depends on demonstrating negligence. Gathering evidence that can help you carry your own burden of proof is time-sensitive, and it is not something that you and your family are in a position to do after you have suffered a severe injury.

the Amount of Financial Compensation Is Crucially Important

You must also accurately quantify your damages so that you can fight for full financial compensation. While you may not think that your medical prognosis will be questioned, that is what an insurance company will do when they realize that they owe you a lot of money.

Your doctor’s opinion, diagnosis, and prognosis will be included as part of your claim. However, the insurance company often has its own “independent” physician to review your medical records. An independent medical examiner is often no more than a glorified insurance company employee who says what the company that pays them wants. Independent doctors want to preserve their business relationship with the insurance company, so they often act as guard dogs to save the insurance company money. Thus, your first battle after proving fault may be over the seriousness of your injuries. At Silva Injury Law, we work with medical professionals to understand your condition and explain it to an insurance company or jury.

Your Damages in a TBI Case

Before you can battle the insurance company over the size of your settlement (and you will have to), you will need to know how much you are entitled to in a settlement. The medical expenses of your TBI can be considerable. A serious TBI can mean millions of dollars just in medical costs alone throughout a lifetime.

For every dollar of medical expenses, other damages include:

  • Lost wages from being unable to work at all or to the extent that you did before the injury
  • Pain and suffering, both physical discomfort and emotional harm from a severe injury
  • Loss of enjoyment of life
  • Embarrassment and humiliation
  • Loss of consortium damages for a spouse

Your Situation Needs to Be Considered for Pain and Suffering Damages

Pain and suffering are a large part of the damages when you have suffered a TBI. The insurance company uses your medical costs to determine pain and suffering. They will apply a multiplier that depends on the extent of your injuries. If you have suffered a TBI, the multiplier can be as high as five. However, the insurance company will go out of its way to take you out of the equation and disregard your own specific situation in favor of an “objective” formula that will always work in its favor.

How Silva Injury Law Will Quantify Your Damages

Your attorney will work with professionals to ensure that they get the calculation of your damages right. If you get this wrong, your family’s financial future might be hamstrung because you may be unable to earn money, and you cannot return to get more money after settling a claim.

Relevant professionals will include:

  • Consulting with a doctor to understand the medical care that will be necessary for the future
  • A vocational professional can give an opinion on whether you can perform the duties of your job, what work you can do, and how much you can earn in the future.
  • Psychiatric professionals who can explain the emotional harm of a TBI
  • Life care planning professionals who will detail the care and help with the daily activities that you may need in the future
  • Economic professionals will know how much healthcare costs will increase and what a dollar may be worth in the future

Every single dollar has a purpose when dealing with a claim worth so much. Some money may be needed to help support your family, while other funds may go for your continued care, both medical and otherwise. You should get everything you deserve for your claim because you will have to sign a release agreement as a settlement agreement. A release claim means the insurance company is off the hook for further damages once they cut you a settlement check.

Although it seems difficult to estimate what may be far into the future, it is what you must do in a TBI case. Otherwise, you will lose the ability to get money forever. Fortunately, our attorneys take care of this for you.

Contact a Modesto TBI Lawyer Today

Michael Joe Silva

Michael Joe Silva, TBI Attorney

Silva Injury Law has helped clients with brain injuries and their families when seeking financial compensation for what happened. We get to know you and what is important to you before we give you legal advice. At the same time, we are compassionate advocates when you are dealing with the difficulty known as the insurance company. Reach out to a Modesto personal injury lawyer.

First, discuss your case with us during your free initial consultation. You can call our Modesto TBI lawyers at (209) 457-0738 or you can send us a message online.


“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”

Silva Injury Law – Modesto Office

515 13th St Suite 203
Modesto, CA 953544



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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

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