Filing a Traumatic Brain Injury Claim in California: What You Should Know

TL;DR: If someone else's negligence caused a traumatic brain injury, you may be able to pursue compensation for medical expenses, lost income, and other losses. But proving a TBI accident claim takes more than showing you were hurt. Medical records, expert opinions, and evidence connecting the injury to the accident can all play an important role. Here's what to expect when filing a brain injury claim in California, from dealing with insurance companies to potentially taking your case to court.

Table of Contents

What Is a Traumatic Brain Injury Claim? What Evidence Helps Prove a TBI Accident Claim? What Happens During the Claims Process? Compensation for a California TBI Claim How Does Comparative Fault Affect a TBI Accident Claim? How Long Do You Have to File a Lawsuit? FAQ

What Is a Traumatic Brain Injury Claim?

A traumatic brain injury (TBI) happens when an external force affects how the brain functions. It can result from a car accident, fall, motorcycle crash, or another incident involving a blow or jolt to the head. A concussion is considered a mild form of TBI, but that doesn't mean its effects are insignificant. Some people experience ongoing problems with memory, concentration, balance, or everyday activities.

One challenge with brain injuries is that they aren't always visible on imaging tests. A normal CT or MRI scan doesn't automatically rule out a TBI. Medical evaluations and, in some cases, neuropsychological testing may help identify changes in cognitive function. A traumatic brain injury claim in California generally seeks compensation when someone else's negligence or wrongful conduct caused the injury.

What Evidence Helps Prove a TBI Accident Claim?

One of the harder parts of a TBI personal injury claim is showing that the accident caused the injury and the problems you've experienced since. So how do you prove a traumatic brain injury claim? Unlike a broken bone, a TBI isn't always easy to see, which can make it harder to prove. Here’s what evidence is needed for a TBI claim:

Emergency room and medical records
CT scans, MRI results, and any other reports
Cognitive assessments
Treatment records from specialists
Medical bills and records of ongoing care
Employment records showing missed work

Keeping up with medical appointments and following your treatment plan can help create a clear record of how the injury has affected you over time.

What Happens During the Claims Process?

A TBI claim usually starts with getting medical care and figuring out how the accident happened. From there, you'll work through the insurance process, and if a fair settlement can't be reached, you may need to file a lawsuit. Let’s take a look at this step-by-step.

Medical treatment and documentation

Seek medical attention, even if you feel okay; delayed injuries after a car accident are common. Follow your doctor's recommendations and keep track of appointments, medical bills, and any difficulties with everyday activities.

Investigation

The insurance company will review accident reports, medical records, and other evidence to decide how much the claim may be worth. The insurer may question whether the accident was serious enough to cause a TBI or argue that your symptoms existed beforehand.

Filing a lawsuit

If the insurance company disputes fault or won't offer reasonable compensation, filing a traumatic brain injury lawsuit in California may be the next step. This moves the claim into the court system, however, many cases settle before trial. If both sides can't agree, the case may proceed to court.

Compensation for a California TBI Claim

If someone else's negligence caused your brain injury, you may be able to recover compensation for the ways it has affected your life. Depending on your situation, this may include:

Medical bills, including future treatment and rehabilitation
Lost wages and reduced ability to earn a living
Pain and suffering
Emotional distress
Loss of enjoyment of life
Costs of long-term care

Future losses can be especially important in serious TBI cases. For example, if your injury keeps you from returning to your previous job, you may be able to seek compensation for the income you could lose in the years ahead, not just the paychecks you missed right after the accident.

Traumatic brain injury compensation depends on several factors, including how serious the injury is, how it affects your daily life and ability to work, and how much insurance coverage is available.

How Does Comparative Fault Affect a TBI Accident Claim?

California follows a pure comparative negligence system. This means you may still recover compensation even if you were partly responsible for the accident. Your award is reduced by your percentage of fault. For example, if your damages total $200,000 and you're found 25% responsible, your potential recovery would be reduced to $150,000.

More than one person or company may also share responsibility for a brain injury. Depending on how the accident happened, that could include multiple parties.

How Long Do You Have to File a Lawsuit?

In most California personal injury cases, you have two years from the date of injury to file a lawsuit. If your claim involves a government agency, you generally must file an administrative claim within six months. The California Courts' guide to filing deadlines explains these time limits and some of the exceptions. Because missing a deadline can prevent you from pursuing compensation, it's best to understand the requirements early.

A brain injury can affect nearly every part of your life, and figuring out what your claim is worth isn't always straightforward. Our injury law firm in North Hollywood can help investigate the accident, gather supporting evidence, and deal with insurance companies while you focus on your recovery.

If you or a loved one suffered a TBI because of someone else's negligence, contact us to discuss your legal options. Since 1998, Yepremyan Law has served thousands of clients across Southern California. With 24/7 support, we offer free case evaluations for injured victims who need immediate help. Call us today to schedule an appointment with a Los Angeles personal injury attorney or request to speak to a car accident lawyer in Glendale.

Frequently Asked Questions About California TBI Claims

Can I recover lost earning capacity if my brain injury affects my ability to work?

Yes. If a TBI affects your ability to perform your job, work the same hours, or return to your previous career, you may be able to seek compensation for reduced future earning capacity.

Can I still recover compensation if I was partly at fault for the accident?

Yes. California's comparative negligence rules allow injured people to pursue compensation even when they share some responsibility. Any award is reduced according to their percentage of fault.

What happens if the insurance company disputes that the accident caused my brain injury?

You may need additional medical records, evaluations, or expert opinions to establish the connection. A normal scan alone doesn't rule out a TBI, so other medical findings and documented symptoms may also be important.

Can more than one person or company be responsible for a traumatic brain injury?

Yes. Depending on how the accident happened, responsibility may involve multiple drivers, employers, property owners, or product manufacturers.

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