Brain Injury Lawyer California | TBI Claims

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Short answer: if someone else’s negligence caused a brain injury to you or a family member in California, the injury claim can recover past and future medical care, lost earnings and earning capacity, the cost of long-term support, and compensation for the way the injury has changed your life. Brain injury cases turn on documenting the injury properly from the first day and on proving future needs with medical and vocational evidence, because the most expensive part of a serious brain injury is usually the care that comes years later. The lawsuit deadline is generally two years, six months if a public entity is responsible, and the clock is paused for children and for adults who lack legal capacity. A brain injury that keeps you from working for a year or more may also qualify for Social Security Disability benefits, which Abdi & Associates handles in-house.

What counts as a brain injury in an injury claim

A traumatic brain injury (TBI) is caused by an external force: a blow to the head, a violent jolt of the head and body, or an object that penetrates the skull. Concussions are mild TBIs. An anoxic or hypoxic brain injury is different: it is caused by a loss of oxygen to the brain, as in a near-drowning, a cardiac event during surgery, or carbon monoxide exposure. Both types support an injury claim when someone else’s negligence caused them, and both are often under-diagnosed in the first days after an accident because the person looks fine on the outside.

Doctors grade TBI as mild, moderate or severe using the length of any loss of consciousness, post-injury amnesia and the Glasgow Coma Scale score. The grade describes the initial injury, not the outcome. “Mild” TBIs can leave lasting problems with memory, concentration, mood and headaches that end careers, and those cases are the ones insurers fight hardest, because the CT scan is often normal.

Common causes of brain injuries in California claims

Car accidents, especially rear-end and side-impact collisions, where the brain moves inside the skull even without a direct blow;
commercial truck crashes, where the forces involved make head injuries far more likely;
motorcycle, bicycle and pedestrian collisions, where the person has no protection at all;
falls on unsafe property, including slip and fall incidents, falls on stairs and falls from height;
falling objects, defective helmets, car seats and other products;
near-drownings in pools and hot tubs, and other oxygen-deprivation events;
assaults in places where the owner failed to provide reasonable security;
workplace accidents, particularly in construction, warehousing, transportation and manufacturing.

A brain injury at work is normally a workers’ compensation claim first, because workers’ compensation is the exclusive remedy against the employer (Labor Code sections 3600 and 3602). Labor Code section 3852 preserves a separate injury lawsuit against anyone other than the employer whose negligence contributed, such as a driver, a property owner, a general contractor or an equipment manufacturer. Because Abdi & Associates handles workers’ compensation in-house, we can run both claims together and manage the comp carrier’s lien so the two recoveries do not cancel each other out. See our construction accident page for how the two claims work on a job site.

Symptoms that need to be documented

The claim is only as strong as the medical record. Symptoms that should be reported to a doctor and written down at every visit include headaches, nausea, dizziness and balance problems, blurred vision, ringing in the ears, sensitivity to light and sound, fatigue, sleep changes, memory gaps, difficulty concentrating or finding words, irritability, anxiety, depression, and personality changes that family members notice before the injured person does. In moderate and severe injuries, loss of consciousness, seizures, repeated vomiting, unequal pupils, clear fluid from the nose or ears, weakness or numbness, and confusion or agitation are emergency signs. In infants and young children, look for changes in feeding or sleeping, inconsolable crying, loss of interest in play, and loss of skills the child had already learned.

Neuropsychological testing, which measures memory, attention, processing speed and executive function against expected norms, is the standard way to prove the cognitive effects of a brain injury when imaging is normal. Advanced imaging such as diffusion tensor MRI is sometimes used as well. These evaluations should be arranged early, with the treating physicians, not at the end of the case.

Who can be held responsible

Every negligence claim requires proof that the defendant owed a duty of care, breached it, and caused the injury and the resulting losses. In a brain injury case the defendant may be a driver, a vehicle owner or employer, a property owner or manager, a product manufacturer, a school or camp, or a public entity responsible for a dangerous condition on public property (Government Code section 835). More than one party is often responsible, and identifying every liable party and every insurance policy is essential because a lifetime of care usually exceeds any single policy.

Comparative fault

California follows pure comparative negligence. If the injured person was partly responsible, the recovery is reduced by that percentage but not eliminated. For example, a pedestrian found 20 percent at fault for a crosswalk collision that caused $1,000,000 in damages would recover $800,000. Insurers routinely assign fault to the injured person to reduce what they pay, which is one reason the evidence of how the accident happened needs to be gathered before it disappears.

What a brain injury claim can recover

Economic damages include emergency and hospital care, neurosurgery, rehabilitation, neuropsychological treatment, medication, assistive devices, home modifications, in-home care, lost wages, lost earning capacity and the cost of vocational retraining. In a serious injury, the largest item is future care, and it is proven through a life care plan prepared by a qualified planner and supported by the treating physicians, with an economist projecting the cost over the person’s life expectancy.

Non-economic damages compensate physical pain, emotional distress, cognitive loss, loss of independence, loss of enjoyment of life and disfigurement, and, for a spouse or registered domestic partner, loss of consortium. There is no cap on these damages in ordinary California injury cases (medical malpractice claims are governed by separate limits under Civil Code section 3333.2). Punitive damages are available only for malice, oppression or fraud, most often a drunk driver.

The value of a brain injury claim depends on the severity and permanence of the deficits, the age and occupation of the injured person, the cost of future care, the strength of the liability evidence, any comparative fault, and the insurance and assets available. No responsible lawyer can quote a number before the medical picture and the insurance picture are known.

When the injured person cannot handle the claim

An adult who lacks the capacity to make decisions sues through a court-appointed guardian ad litem (Code of Civil Procedure section 372) or through a conservator. A child sues through a guardian ad litem, usually a parent, and any settlement for a minor must be approved by the court. A power of attorney can be used only if the injured person signed it while still capable of doing so. Family members who are managing care should raise these issues with the lawyer early, because they affect who can sign documents, how settlement funds are held, and whether a special needs trust is needed to protect public benefits.

Deadlines

Two years from the injury to file a personal injury lawsuit (Code of Civil Procedure section 335.1).
Six months to present a written claim to a city, county, school district, transit agency or other public entity before suing it (Government Code section 911.2), for example for a crash with a city vehicle or a dangerous condition on public property.
Tolling for minors and incapacitated adults. The two-year period does not run while the injured person is under 18 or lacks the legal capacity to make decisions (Code of Civil Procedure section 352). Tolling does not apply to the government claim deadline in the same way, so a claim against a public entity should always be presented within six months.
One year for a workplace brain injury to file a workers’ compensation application (Labor Code section 5405), after reporting the injury to the employer within 30 days (section 5400).
Two years for an uninsured or underinsured motorist claim under your own auto policy (Insurance Code section 11580.2).

What to do after a brain injury

Get emergency care and follow up with a neurologist even if the first scan was normal. Report every symptom.
Report the incident: to the police for a crash, to the property owner for a fall, and to the employer for a workplace injury.
Photograph the scene and the cause, and get names and phone numbers of witnesses.
Keep a daily symptom journal, and ask a family member to note changes they observe.
Do not give a recorded statement to the other side’s insurer and do not sign medical authorizations or releases without advice.
Continue all prescribed treatment. Gaps in care are used to argue the injury resolved.
Calendar the deadlines above and talk to a lawyer before accepting any offer.

Social Security Disability after a brain injury

If a brain injury prevents substantial work for at least twelve months, the injured person may qualify for SSDI or SSI. Social Security evaluates traumatic brain injury under Listing 11.18, which looks at motor function and at limitations in understanding, interacting, concentrating and managing oneself that persist at least three months after the injury. A claim can also be approved without meeting the listing when the person’s remaining functional capacity rules out past work and other work. We represent SSDI and SSI claimants nationwide, and a disability claim can run at the same time as the injury claim.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals and families dealing with brain injuries throughout California evaluate the injury claim, identify every responsible party and insurance policy, and coordinate it with any workers’ compensation or Social Security Disability claim we handle in-house. We work remotely, so consultations, signatures and updates are handled by phone, video and secure electronic signature, which matters when the injured person is in a hospital or a rehabilitation facility. Consultations are free and confidential, and there is no attorney fee unless there is a recovery.

Frequently asked questions

The CT scan was normal. Do I still have a brain injury case?

Possibly. Most concussions and many mild TBIs do not show on CT. Persistent symptoms, neuropsychological testing and the treating doctors’ opinions are how those cases are proven.

How long do I have to file a brain injury lawsuit in California?

Generally two years, but six months to present a claim against a public entity, and the two-year period is paused while the injured person is a minor or lacks legal capacity.

Can I file a claim for my spouse or parent who cannot make decisions?

Yes, through a guardian ad litem appointed by the court or a conservatorship. Talk to a lawyer promptly so the right person is in place before deadlines run.

The injury happened at work. Is it a workers’ compensation case or an injury lawsuit?

Usually both. Workers’ compensation covers the injury regardless of fault, and a separate lawsuit is available against anyone other than the employer who caused it.

What is a brain injury claim worth?

It depends on the permanence of the deficits, future care costs, lost earning capacity, fault and available insurance. Serious cases are valued largely on the life care plan.

Sources: Cal. Code Civ. Proc. §§ 335.1, 352, 372; Cal. Gov. Code §§ 835, 911.2; Cal. Civ. Code §§ 3294, 3333.2; Cal. Lab. Code §§ 3600, 3602, 3852, 5400, 5405; Cal. Ins. Code § 11580.2; 20 C.F.R. Part 404, Subpart P, Appendix 1, Listing 11.18; Mayo Clinic, Traumatic brain injury; CDC, Traumatic Brain Injury and Concussion.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.

California Brain Injury Lawyer