A brain injury attorney in California helps clients who have suffered mild, moderate, or severe traumatic brain injuries (TBIs) pursue compensation under state personal injury law.
According to the CDC, TBIs contribute to nearly 69,000 deaths in the U.S. each year, and California’s dense highways and urban centers make it one of the states with the highest incidence of TBI-related claims.
At Crown & Stone Law, P.C., we offer in-depth legal research to increase recovery for clients.
What Is a Brain Injury Under California Law?
A brain injury is legally defined as a disruption in normal brain function caused by trauma, oxygen loss, or chemical exposure. In California personal injury cases, the most common form is traumatic brain injury (TBI), which occurs when an external force, such as a car crash, fall, or assault causes the brain to strike against the skull.
Courts in California recognize several classifications: mild TBIs (often called concussions), moderate TBIs, and severe TBIs. Medical providers at Cedars-Sinai Medical Center and UCLA’s Brain Injury Research Center frequently reference these categories when testifying as witnesses.
From a legal perspective, proving a brain injury claim requires showing that another party’s negligence (duty, breach, causation, damages) directly led to the impairment. Documentation may include CT/MRI scans, neuropsychological evaluations, and accident reports from agencies like the California Highway Patrol (CHP).
The law treats brain injuries as serious bodily harm, meaning they qualify for substantial compensation if negligence is established. For example, the California Civil Code allows claims for both economic damages (medical bills, lost income) and non-economic damages (pain, cognitive decline, emotional distress).
Types of Brain Injuries Recognized in Personal Injury Cases
California courts and medical professionals classify brain injuries into categories that help determine both medical treatment and legal recovery. These classifications are based on severity, symptoms, and long-term impact.
Mild Traumatic Brain Injury (Concussion)
A concussion is considered a mild TBI. It usually involves a temporary loss of consciousness or disorientation. While many people recover within weeks, research from the CDC shows that up to 20% of mild TBI patients experience long-term symptoms such as headaches, memory loss, or mood changes.
In personal injury law, even a mild TBI can justify damages if it impairs daily activities or work performance.
Moderate Traumatic Brain Injury
A moderate TBI involves longer unconsciousness, noticeable cognitive deficits, or physical impairments.
At facilities like Ronald Reagan UCLA Medical Center, doctors often order imaging tests to detect bleeding or swelling. Legally, these injuries typically require higher compensation because they can limit earning potential and require long-term rehabilitation.
Severe Traumatic Brain Injury
Severe TBIs may result from high-speed car crashes on the I-10 or I-405 freeways or serious falls. Victims may experience extended unconsciousness, profound neurological deficits, or permanent disability.
California juries often award multi-million-dollar settlements in these cases, reflecting the high costs of lifetime care, housing, and vocational loss.
Other Recognized Types
- Diffuse axonal injury (DAI): Caused by rotational forces, often leading to widespread brain damage.
- Penetrating brain injury: Object-driven trauma, sometimes linked to assaults or industrial accidents.
- Hypoxic or anoxic injury: Brain cell damage from lack of oxygen, often linked to drowning or medical malpractice cases.
From a legal perspective, the type of brain injury directly influences case value. For example, catastrophic injuries requiring 24/7 medical care at Cedars-Sinai may result in settlements exceeding $5 million, while concussions may yield lower but still significant awards depending on lost wages and medical costs.
How California Law Handles Brain Injury Claims
In California, a brain injury claim is treated as a personal injury case governed by California Civil Code and the Code of Civil Procedure. The process revolves around proving that another party’s negligence caused the traumatic brain injury (TBI). Negligence requires showing:
- Duty of care: the defendant had a legal obligation (e.g., a driver must follow traffic laws).
- Breach: the defendant violated that duty (e.g., texting while driving).
- Causation: the breach directly caused the injury.
- Damages: the injury resulted in measurable harm, such as hospital bills, therapy costs, or lost wages.
California law also allows claims for wrongful death when a TBI proves fatal. Surviving family members may recover damages for funeral expenses, loss of financial support, and emotional suffering.
The system is designed to balance medical evidence with legal standards. A thorough case strategy, like those developed by Crown & Stone Law, P.C., can significantly impact the outcome, especially in catastrophic injury cases where damages may reach millions.
Statute of Limitations for Brain Injury Cases in California
The statute of limitations is the legal deadline for filing a brain injury lawsuit in California. Under California Code of Civil Procedure §335.1, most personal injury claims, including traumatic brain injury (TBI) cases, must be filed within 2 years of the date of the injury.
There are, however, important exceptions:
- Discovery Rule: If symptoms of a TBI were not immediately apparent, such as memory issues or cognitive decline that surface months later, the 2-year period may begin when the injury was reasonably discovered.
- Minors: For children injured in accidents, the clock generally does not start until their 18th birthday, giving them until age 20 to file.
- Government Claims: If the at-fault party is a government agency (e.g., a city bus accident), a special administrative claim must be filed within 6 months under the California Government Claims Act.
Failure to meet these deadlines usually results in dismissal, no matter how strong the case. That’s why California courts, such as the Stanley Mosk Courthouse in Downtown Los Angeles, routinely stress the importance of timely filing.
Speak With a California Brain Injury Attorney Today
If you or a loved one has suffered a traumatic brain injury in California, time is critical. The law gives most victims just two years to file a claim, and evidence such as CHP accident reports or medical scans from Cedars-Sinai can be lost if not preserved quickly.
At Crown & Stone Law, P.C., our attorneys are available 24/7 to review your case, answer your questions, and guide you through the legal process. We know that a brain injury can turn life upside down, from mounting hospital bills to the emotional weight on your family, and we’re here to fight for the full compensation you deserve.
Request your free consultation today in person at our Beverly Hills office or virtually from anywhere in California.
Don’t wait. Let our team protect your rights, secure your future, and help you move forward after a brain injury.
