Traumatic Brain Injury Claims in California: What You Need to Know
Delayed onset is characteristic of brain injuries rather than unusual, and it does not mean you were not hurt. It does mean the record needs to explain the gap, so see a doctor as soon as symptoms appear and describe every one of them — including the ones that feel too minor to mention, like word-finding trouble or irritability.
Overview
Suffered a traumatic brain injury due to someone else's negligence? Our attorneys fight for maximum compensation for TBI victims in Los Angeles.
What compensation may be available?
California law allows an injured person to seek compensation for the losses the injury caused. In traumatic brain injury cases those commonly include:
- Emergency and diagnostic imaging costs
- Neurological and neuropsychological treatment
- Cognitive and occupational rehabilitation
- Lost wages and diminished earning capacity
- Pain, suffering and loss of enjoyment of life
- Future care and support needs
Frequently asked questions
My symptoms did not start until days after the accident. Does that hurt my claim?
Delayed onset is characteristic of brain injuries rather than unusual, and it does not mean you were not hurt. It does mean the record needs to explain the gap, so see a doctor as soon as symptoms appear and describe every one of them — including the ones that feel too minor to mention, like word-finding trouble or irritability.
My scans came back normal. Do I still have a case?
Possibly. CT and MRI imaging is often normal after a mild traumatic brain injury, which is why a normal scan is not the same as no injury. Diagnosis usually rests on the clinical presentation, symptom tracking over time, and neuropsychological testing where it is warranted.
How long do I have to bring a brain injury claim in California?
Generally two years from the date of injury under Code of Civil Procedure section 335.1. If a public entity is involved, Government Code section 911.2 requires a written claim to that entity within six months. Both clocks run from the injury, not from the date the symptoms became obvious, which is why brain injury cases are worth asking about early.
Talk to a traumatic brain injury attorney
Hollywood Injury Law Center — Bash & Polyachenko P.C. has represented injured people in Los Angeles County since 2000. Attorney's fees are charged on a contingency basis — no fee unless we obtain a recovery. How case costs advanced by the firm are handled is set out in your written fee agreement.
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