Dealing with a Traumatic Brain Injury (TBI) in a California personal injury case is serious—and often complex—both legally and medically. TBIs can have long-term impacts on memory, mood, cognition, and overall quality of life, and California law allows you to seek significant compensation if someone else is responsible.
Here’s a complete breakdown of how TBI cases typically work in California:
🧠 What Is a TBI?
A Traumatic Brain Injury is any injury that affects brain function, often caused by a blow to the head or a sudden jolt. TBIs range from:
- Mild (e.g., concussions)
- Moderate to severe (e.g., loss of consciousness, brain bleeding, long-term impairment)
⚖️ TBI in California Personal Injury Law
You may have a strong case if your TBI was caused by someone else’s negligence, recklessness, or intentional harm in situations like:
- Car, truck, or motorcycle accidents
- Slip/trip and fall incidents
- Sports injuries (esp. involving schools or defective equipment)
- Assaults or violent attacks
- Medical malpractice (e.g., surgical error, birth injuries)
🔍 Key Legal Elements to Prove
To win a personal injury claim for a TBI, you must establish:
- Duty of care – The defendant had a legal obligation (e.g., to drive safely, maintain safe premises).
- Breach of duty – They failed to meet that obligation.
- Causation – That failure directly caused your TBI.
- Damages – You suffered losses as a result.
💰 Potential Compensation in a TBI Case
In California, TBI damages can be substantial, especially for moderate to severe injuries. You might be entitled to:
Economic damages
- Medical expenses (including long-term care and rehab)
- Lost income and reduced earning potential
- Home modifications and assistive care
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Cognitive and emotional impairments
Punitive damages
Awarded in rare cases involving gross negligence or intentional harm.
⏳ California Statute of Limitations
- [Generally] 2 years from the date of the injury for most personal injury cases.
- 6 months to file a government claim if a public entity (e.g., city or school district) is involved.
- Discovery rule: If symptoms show up later (common in TBIs), the timeline might start when the injury was discovered (or reasonably should have been).
📋 Proving a TBI in Court
Because some brain injuries are invisible or delayed, documentation and expert testimony are critical:
- ER and hospital records
- Brain scans (CT, MRI, DTI)
- Neurologist or neuropsychologist evaluations
- Testimony from caretakers, therapists, or coworkers
- Journals showing how your daily life has changed
🧑💼 Do You Need a Lawyer?
Yes—absolutely for moderate to severe TBIs. These cases often involve:
- High-value claims
- Expert witnesses
- Complicated medical and legal issues
- Reluctant insurance companies
A California brain injury attorney can handle the details, negotiate fair compensation, and take the case to trial if needed.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].