California Brain
Injury Lawyer

A traumatic brain injury, commonly called a TBI, is an injury that affects how the brain functions.

Brain injuries can range from concussions and mild traumatic brain injuries to more serious trauma that produces lasting cognitive, physical, emotional, or behavioral changes.

A traumatic brain injury can result from a direct impact to the head. It may also occur when a sudden force causes rapid movement of the head and brain.

The severity and effects of a brain injury can vary significantly from one person to another. Some people improve relatively quickly, while others experience symptoms requiring ongoing treatment or rehabilitation.

For a personal injury claim, the diagnosis is only part of the picture. Medical treatment, symptoms, functional limitations, future prognosis, work restrictions, and changes to the injured person’s daily life may all become important when evaluating the full effect of the injury.

Learn more in our guide to California brain injury claims.

A concussion is a form of mild traumatic brain injury.

The word “mild” refers to the medical classification of the initial injury and does not necessarily mean that the symptoms or effects feel minor to the person experiencing them.

Possible symptoms of a concussion or mild TBI may include:

• Headaches
• Dizziness
• Balance problems
• Memory difficulties
• Difficulty concentrating
• Sensitivity to light or noise
• Nausea
• Vision problems
• Fatigue
• Sleep changes
• Feeling mentally slowed down or foggy
• Irritability or other emotional changes

Symptoms vary from person to person. Some may appear immediately after an accident, while others may become noticeable hours or days later.

A person does not necessarily have to lose consciousness to experience a concussion.

Medical evaluation can therefore be important when someone experiences concerning symptoms following a significant collision, fall, or other traumatic event.

Moderate and severe traumatic brain injuries can have long-term consequences affecting nearly every part of a person’s life.

Depending on the injury, someone may experience problems with memory, learning, concentration, communication, coordination, balance, vision, mobility, mood, behavior, or other functions.

Treatment and rehabilitation may involve neurologists, physical therapists, occupational therapists, speech-language professionals, psychologists, neuropsychologists, rehabilitation specialists, or other healthcare providers depending on the individual’s medical needs.

A person who previously worked and lived independently may require assistance with daily activities, transportation, appointments, finances, household responsibilities, or personal care.

Serious brain injury cases therefore may involve not only immediate medical expenses but also questions about future care, rehabilitation, earning capacity, independence, and long-term quality of life.

One challenge with traumatic brain injuries is that some symptoms may not be as outwardly visible as a broken bone, laceration, or other physical injury.

A person may initially appear alert but later experience headaches, confusion, memory problems, difficulty concentrating, dizziness, sleep disturbances, sensitivity to light or noise, or other symptoms.

Family members, friends, and coworkers may sometimes notice changes in memory, behavior, communication, mood, or everyday abilities that were not present before the accident.

For an injury claim, documentation showing when symptoms began, how they developed, what treatment was provided, and how they affected everyday activities can become important.

Car accidents can expose occupants to significant forces capable of causing head and brain injuries.

A person’s head may strike a window, headrest, steering wheel, dashboard, door, or another object. A brain injury may also occur from the rapid movement created by the collision.

Rear-end crashes, T-bone accidents, head-on collisions, rollover accidents, and other serious crashes may result in concussions or traumatic brain injuries.

Learn more about California car accident claims and California brain injury claims.

Commercial truck crashes can involve substantial forces because of the size and weight of the vehicles involved.

A serious collision may result in head trauma, loss of consciousness, neurological symptoms, hospitalization, rehabilitation, and other significant injuries.

Learn more about California truck accident claims.

Motorcyclists have considerably less physical protection than occupants of enclosed passenger vehicles. A rider may suffer head trauma during the initial impact or after being thrown from the motorcycle.

A helmet may reduce certain risks, but it cannot eliminate the possibility of a traumatic brain injury in a serious collision.

Learn more about California motorcycle accident claims.

Cyclists and pedestrians are particularly vulnerable when struck by motor vehicles because they do not have the physical protection provided by a passenger vehicle.

A cyclist may suffer a brain injury when struck by a vehicle, thrown from the bicycle, or propelled onto the pavement or another object.

Learn more about California bicycle accident claims.

Pedestrians may experience serious head trauma when struck by a car, truck, rideshare vehicle, bus, or other motor vehicle or when the impact causes them to strike the roadway.

Learn more about California pedestrian accident claims.

Falls are another potential cause of traumatic brain injuries.

A person may strike the head against flooring, pavement, shelving, stairs, railings, walls, or another hard surface.

Potentially dangerous conditions can include wet floors, broken pavement, unsafe stairs, inadequate lighting, damaged walkways, loose flooring, missing handrails, or other property hazards.

Depending on what happened, responsibility may involve a business, property owner, property manager, contractor, maintenance company, or another party responsible for the property.

Learn more about California slip-and-fall accident claims and California premises liability claims.

You can also read more about head injuries from slip-and-fall accidents in California.

Responsibility depends on how the brain injury occurred.

A negligent driver may potentially be responsible for a brain injury resulting from a car, truck, motorcycle, bicycle, pedestrian, or rideshare collision.

In other cases, potential responsibility may involve an employer, trucking company, property owner, business, contractor, rideshare company, transit provider, government entity, or another person or company.

Some accidents involve more than one potentially responsible party.

For example, a commercial truck collision may require investigating both the driver’s conduct and the trucking company’s role. A serious fall may require determining who owned, operated, maintained, or controlled the property.

Identifying the potentially responsible parties can also affect available insurance coverage and what evidence should be preserved.

The circumstances of the accident should therefore be evaluated rather than assuming responsibility based solely on the type of injury.

Brain injury cases can depend heavily on documentation because many neurological symptoms are not outwardly visible.

Potential medical evidence may include:

• Emergency room records
• Hospital records
• Neurology records
• Imaging when performed
• Neuropsychological or cognitive testing
• Rehabilitation records
• Physical or occupational therapy records
• Prescription records
• Medical restrictions
• Follow-up treatment documentation

Medical records may help establish the diagnosis, reported symptoms, treatment, progression of recovery, and continuing medical needs.

Evidence concerning the accident itself may include:

• Photographs
• Video
• Witness statements
• Collision or incident reports
• Vehicle damage
• Surveillance footage
• Dash-camera footage
• Property-condition photographs
• Electronic records when relevant

Employment records may help document missed work, reduced hours, medical restrictions, or changes in earning ability.

Family members, friends, and coworkers may also have information concerning changes they observed in memory, communication, behavior, concentration, physical abilities, or everyday functioning after the accident.

The importance and usefulness of particular evidence depends on the circumstances of the individual case.

A traumatic brain injury can affect much more than medical appointments.

Someone may have difficulty concentrating long enough to complete work, remembering appointments, driving, managing finances, following conversations, sleeping, completing household tasks, exercising, caring for children, or participating in activities that were previously part of everyday life.

Those effects may not always be obvious from a medical bill alone.

Documentation of work restrictions, missed employment, rehabilitation, assistance from family members, changes in activities, and continuing symptoms may help provide a more complete picture of how the injury affected the person’s life.

Serious brain injury cases should therefore consider both the medical diagnosis and the practical consequences of the injury.

There is no reliable average settlement amount for a California traumatic brain injury claim.

The value of a particular case depends on its individual circumstances.

Factors may include:

• Severity of the brain injury
• Length of hospitalization
• Medical treatment
• Rehabilitation
• Future healthcare needs
• Lost income
• Reduced earning ability
• Permanent cognitive or physical limitations
• Need for assistance or care
• Emotional and psychological effects
• Responsibility for the accident
• Strength of the available evidence
• Available insurance coverage
• Effect on independence and everyday life

A concussion that improves after a period of treatment presents a very different damages picture from a moderate or severe traumatic brain injury resulting in permanent cognitive limitations, inability to return to employment, or continuing medical and personal-care needs.

Each brain injury claim therefore must be evaluated according to its own medical evidence and circumstances.

A traumatic brain injury can create substantial financial consequences.

Medical expenses may involve emergency care, hospitalization, diagnostic testing, specialist appointments, neurological care, rehabilitation, therapy, medications, and continuing treatment.

A serious injury may also result in missed work, reduced hours, changes in job responsibilities, or an inability to return to the same occupation.

When injuries create long-term limitations, future medical treatment, rehabilitation, assistance, and reduced earning ability may also become important considerations.

The extent of those losses depends on the person’s injury, treatment, medical prognosis, occupation, and individual circumstances.

Health and safety should be the first concern after a suspected traumatic brain injury.

A person experiencing symptoms after a significant accident should consider obtaining appropriate medical evaluation.

From an injury-claim standpoint, potentially useful documentation may include medical records, accident photographs, witness information, collision or incident reports, insurance information, bills, employment documentation, and records showing how symptoms affect everyday life.

If the accident occurred at a business or other property, surveillance footage may exist but could be overwritten.

If the injury resulted from a motor vehicle accident, the vehicles may be repaired or disposed of.

Witnesses can also become more difficult to locate as time passes.

For those reasons, preservation of available evidence can matter even when a legal filing deadline appears to be far away.

California brain injury claims are subject to filing deadlines, but the applicable timeline depends on the circumstances.

California personal injury lawsuits are generally subject to a two-year filing deadline from the date of injury, although exceptions and different rules can apply.

Much shorter requirements can apply when a government entity may be responsible. In qualifying California personal injury matters involving a government agency, an administrative claim generally must be presented within six months.

Government-related issues may arise, for example, when an injury involves a public vehicle, transit agency, dangerous public property, roadway condition, public construction project, or another government entity.

Other circumstances may also affect the applicable timeframe.

These are general timeframes and should not be relied upon to calculate the deadline for a particular brain injury claim.

Yes. A concussion is a form of mild traumatic brain injury.

Although it is classified as “mild,” symptoms can still affect memory, concentration, sleep, balance, mood, vision, work, driving, and everyday activities.

The severity and duration of symptoms vary significantly from person to person.

No.

A person can experience a concussion or other traumatic brain injury without losing consciousness.

Brain injury symptoms and diagnoses should be evaluated by appropriate healthcare professionals based on the individual’s circumstances.

Not necessarily.

Medical imaging can be important for identifying certain serious injuries, such as bleeding or structural problems, but a concussion or mild TBI may be diagnosed based on symptoms, medical history, examination, and other clinical information.

The appropriate testing depends on the patient’s circumstances and should be determined by medical professionals.

Yes.

Depending on the injury, symptoms involving memory, concentration, communication, fatigue, balance, vision, emotional regulation, physical ability, or other functions may interfere with someone’s ability to perform employment responsibilities.

The effect can range from temporary time away from work to permanent occupational limitations in more serious cases.

Some mild TBI and concussion symptoms may appear immediately, while others can become noticeable hours or days after the injury.

Medical documentation showing when symptoms were reported, how they developed, and what treatment was provided may become important when evaluating an injury claim.

Family members, friends, and coworkers may notice changes in memory, communication, behavior, mood, concentration, physical abilities, or independence after a serious brain injury.

Their observations may help provide additional context concerning how the person’s functioning changed after the accident.

Whether particular information becomes relevant or admissible in a legal matter depends on the circumstances.

Yes.

Falls can cause concussions and other traumatic brain injuries, particularly when the head strikes flooring, pavement, stairs, walls, shelving, railings, or another hard surface.

Learn more about California slip-and-fall accidents and premises liability claims.

For more information about traumatic brain injuries and accidents that can cause serious head trauma, explore these DAG Law Firm resources:

California Brain Injury Claims: What Accident Victims Should Know

Head Injuries From Slip and Fall Accidents in California

California Car Accident Lawyer

California Truck Accident Lawyer

California Motorcycle Accident Lawyer

California Bicycle Accident Lawyer

California Pedestrian Accident Lawyer

California Slip and Fall Lawyer

California Premises Liability Lawyer

California Wrongful Death Lawyer

Traumatic brain injury cases can involve complicated medical, legal, financial, and insurance issues.

DAG Law Firm, APC represents people who suffer serious head and brain injuries in accidents throughout California.

Depending on the circumstances, our attorneys may review how the injury occurred, potentially responsible parties, available photographs and video, witness information, medical documentation, rehabilitation, insurance coverage, lost income, and evidence showing how the injury affected the person’s ability to work and carry out everyday activities.

Brain injuries may result from car accidents, truck crashes, motorcycle accidents, bicycle collisions, pedestrian accidents, falls, dangerous property conditions, rideshare accidents, construction accidents, and other serious incidents.

When a traumatic injury results in a death, qualifying family members may also need to consider a potential California wrongful death claim.

Every brain injury presents different medical findings, symptoms, recovery issues, evidence, and long-term effects. Those individual circumstances should be considered when evaluating a potential claim.

You do not pay attorney fees unless we win your case. There are no upfront attorney fees for qualifying brain injury matters handled on a contingency fee basis.

If you or a loved one suffered a traumatic brain injury because of an accident in California, call (323) 930-2020 or contact DAG Law Firm today to discuss your situation.