When a car crashed into our client's vehicle in the San Jose area, she walked away with no broken bones. But her memory, speech and moods began to change. The insurer accepted fault yet called it a minor concussion and offered $0. Kermani LLP used advanced brain imaging to prove a permanent traumatic brain injury and secured a $2.39 million brain injury settlement on the eve of trial.
What the case turned on
Primary liability issue
Whether a crash with no fractures and small medical bills caused a permanent traumatic brain injury.
Key evidence
Advanced 3.0 Tesla MRI showing brain volume loss and microhemorrhages, and a brain injury specialist's permanence opinion.
Primary defense
A minor concussion that should have healed: no surgery, under $20,000 in bills and unremarkable early imaging.
What Happened in San Jose?
In June 2019, our client was driving through the San Jose area when a car traveling across her path crashed into her vehicle. She had done nothing wrong. In an instant, her life changed.
Her memory of the moments after the impact is broken into pieces. She remembers her vision going white. She remembers leaning sideways in her seat. She does not remember much else.
At first, it looked like the kind of crash people walk away from. There were no broken bones and no surgery. But in the weeks that followed, she and her husband began to notice that something was wrong.
- She struggled to find words and to follow conversations.
- She forgot things she had always remembered.
- Headaches came and stayed.
- Her eyes did not track the way they used to, and bright or busy places overwhelmed her.
- She felt tingling in her arms.
- She could not sleep through the night.
Her husband saw the hardest change up close. She now became overwhelmed and angry far more easily than before. According to the family, everyone around her noticed the difference.
Why Holding the Driver Responsible Was Difficult
Fault was never the fight. The other driver's insurer accepted full responsibility for the crash early on. The fight was over what the crash had done to her.
On paper, her case looked small. Her medical bills were under $20,000. She had no fractures and no surgery. Her early imaging did not clearly show the damage. To the insurance company, this was a concussion that should have healed.
The defense treated it that way from start to finish. It refused to make any settlement offer at all. It noticed the depositions of more than 20 of her doctors and therapists. It demanded a second exam by its own doctor and asked the court to push the trial back.
Was a "mild" concussion dismissed by an insurance company? Talk to our team about your case.
The Brain Imaging That Became Central to the Case
A standard MRI is good at finding bleeding and large injuries. It is not designed to show the subtle damage a "mild" traumatic brain injury can leave behind. So Kermani LLP looked further.
Our client underwent advanced 3.0 Tesla MRI imaging with volume analysis and a sequence that is sensitive to old bleeding. According to the imaging and the brain injury specialist who reviewed it, the results showed:
- Measurable loss of brain volume, uneven between the two sides, in the frontal and temporal lobes. These areas handle memory, language, focus and emotional control.
- Microhemorrhages, tiny spots of old bleeding, consistent with a traumatic brain injury.
A board-certified neurologist who specializes in traumatic brain injury examined her twice and reviewed her records and imaging. In the specialist's opinion, her eye movement problems, speech difficulties, memory loss and mood changes all traced back to the crash. The specialist also found the injury was permanent.
The imaging matched what her family had been describing all along. For the first time, the injury that had changed her could be seen.
How California Values a Brain Injury When the Medical Bills Are Small
In California, an injured person can recover two kinds of damages. Economic damages cover medical bills and lost income. Non-economic damages cover pain, suffering, emotional distress and the loss of the ability to enjoy life.
California courts limit medical damages to the amounts actually paid or owed, not the higher amounts billed (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541). In a case like this one, her health plan covered treatment and the bills stayed modest. Those bills say very little about what was lost.
What matters is the human harm. California does not cap non-economic damages in car accident cases. A jury decides what is fair for a memory that no longer holds, a strained marriage and a different future. Her husband also had his own claim for the loss of his wife's companionship, a right the California Supreme Court recognized in Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382.
Insurance limits matter too. The at-fault driver carried a standard auto policy plus a much larger umbrella policy that sits on top of it. When an injury is serious enough, the umbrella coverage comes into play. That was the coverage this case had to reach.
These rules are why proving the brain injury was the entire case.
Wondering what your brain injury claim may be worth in California? Contact Kermani LLP for a free case review.
The Depositions That Strengthened the Claim
The defense hoped that questioning her doctors one by one would expose gaps in her story. It did the opposite.
Kermani LLP prepared for and attended a long series of videotaped depositions of her treating physicians, therapists and speech-language pathologist. Their testimony described the same picture from different angles: a woman whose thinking, speech and mood had changed after the crash and had not recovered.
Each deposition added to a record the defense would have to answer in front of a jury.
How a $0 Position Became a $2.39 Million Settlement
The negotiation history shows how far the case moved:
- Early on: the insurer accepted full liability but made no offer.
- Settlement demand and mediation: Kermani LLP presented the advanced imaging and the specialist's findings. Still no offer.
- Lawsuit: the case was filed in Santa Clara County Superior Court and moved toward trial.
- Discovery: more than 20 depositions, defense medical exams and court motions.
- Eve of trial: with trial approaching, the insurer finally paid $2.39 million, reaching well into the umbrella policy.
Why the $2.39 Million Settlement Made Strategic Sense
Juries can be skeptical of injuries they cannot see. Even with strong imaging, a trial meant asking strangers to weigh an invisible injury. The defense would have pointed to small medical bills and unremarkable early imaging.
The settlement gave our client and her husband certainty. It ended the fight without putting her through a trial. And it reflected a permanent brain injury, not the insurer's view of a passing concussion.
What This Case Shows About Brain Injury Claims
A "mild" traumatic brain injury is only mild in name. When the usual tests come back clean, the injury can be dismissed by the people deciding what a case is worth. The right imaging, the right specialist and a team willing to take the case toward trial can change that.
- Can a brain injury be serious if my first MRI was normal? Yes. Standard scans can miss the kind of damage advanced imaging may detect.
- Do low medical bills mean a low settlement? Not necessarily. In California, pain, suffering and lost quality of life are separate from medical costs.
- What if the insurer refuses to make an offer? Preparing the case for trial is often what moves an insurer to pay what a case is worth.
A Difficult Case and a $2.39 Million Recovery for Our Client
No financial recovery can give our client back the way her mind worked before the crash. But this settlement gives her and her husband security for the care she will need. It also holds the at-fault driver responsible.
If you or someone you love is living with a brain injury after a crash, Kermani LLP can help. Our California brain injury lawyers serve San Jose and the Bay Area, and your case review is free.
Frequently Asked Questions About Brain Injury Claims in California
How much is a brain injury settlement worth in California?
There is no set amount. Value depends on how severe and lasting the injury is and how it affects work and daily life. The medical evidence and available insurance matter too. California does not cap pain and suffering damages in car accident cases.
What if my brain scan came back normal?
A normal standard MRI does not rule out a brain injury. Advanced imaging, neuropsychological testing and eye movement testing may show damage a routine scan misses. A brain injury specialist can tell you which tests make sense for you.
Can my spouse recover damages too?
Yes. In California, a spouse can bring a claim for loss of consortium, which covers the loss of companionship, support and intimacy caused by the injury.
What happens if the at-fault driver's insurance is not enough?
Many drivers carry an umbrella policy above their auto policy. Your own underinsured motorist coverage may also help. An attorney can find every policy limit that applies to your claim.
What if I was partly at fault for the crash?
California follows pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). You can still recover, but your award is reduced by your share of fault.
How long do I have to file a brain injury claim in California?
Generally two years from the date of injury (Code of Civil Procedure section 335.1). If a government agency or employee is involved, a written claim usually must be filed within six months (Government Code section 911.2). Learn more about the statute of limitations.
