At Westside Injury Lawyers, we understand how devastating a traumatic brain injury (TBI) can be — not just physically, but emotionally and financially. Whether caused by a car crash, fall, or workplace incident, TBIs often result in life-altering consequences.
If you or a loved one has suffered a brain injury due to someone else’s negligence, this guide will help you understand your rights and how an experienced traumatic brain injury lawyer in California can help.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury occurs when a sudden blow, jolt, or penetrating injury disrupts normal brain function. According to the CDC, TBIs can be mild (like a concussion) or severe, involving long-term complications or death.
Common types of TBI include:
- Concussions
- Contusions (brain bruises)
- Diffuse axonal injuries
- Penetrating brain injuries
- Coup-contrecoup injuries
Even so-called “mild” TBIs can cause serious, lasting symptoms. That’s why timely medical treatment and legal evaluation are critical.
What Are the Most Common Causes of Traumatic Brain Injuries?
TBIs often result from everyday accidents — many of which involve legal liability. In our California practice, we often handle brain injury claims resulting from:
đźš— Car Accidents
Motor vehicle crashes are among the top causes of TBIs. Even low-speed impacts can cause the brain to jolt against the skull.
🏢 Slip and Fall Accidents
Falls are especially common among older adults and in unsafe premises like retail stores, nursing homes, or stairwells.
🏗️ Workplace Injuries
Construction workers and industrial employees face high TBI risk due to falling objects and equipment accidents.
🥊 Sports & Recreation
Athletes — especially in contact sports — may suffer repeated concussions, leading to long-term brain trauma.
What Symptoms Should You Watch for After a Head Injury?
TBI symptoms vary based on severity and individual cases, but some common signs include:
- Headaches, dizziness, or nausea
- Memory loss or confusion
- Slurred speech or vision issues
- Mood swings, depression, or anxiety
- Difficulty concentrating or sleeping
If you or a loved one experiences any of these symptoms after an accident, seek medical attention immediately — and then speak to a qualified attorney.
How Do I Know If I Have a Traumatic Brain Injury Claim?
If your injury was caused by someone else’s carelessness, you may have a valid legal claim. A successful TBI case must prove:
- Negligence — someone breached a legal duty of care
- Causation — the breach caused your injury
- Damages — you suffered losses (medical, emotional, financial)
At Westside Injury Lawyers, we review your case for free and help determine whether your claim meets these standards.
What Evidence Do I Need for a Brain Injury Lawsuit?
Strong evidence makes or breaks a TBI case. You’ll need documentation like:
- Medical records (CT scans, MRIs, diagnoses)
- Expert medical testimony
- Photos of the scene or visible injuries
- Witness statements
- Employment and wage loss records
- Daily journal entries (pain, sleep, emotional effects)
We work with medical specialists, economists, and accident investigators to build airtight cases for our clients.
How Much Is a Traumatic Brain Injury Case Worth in California?
This is one of the most frequently asked — and most complex — questions.
We have a full guide on how to calculate your personal injury case worth here→
TBI case values depend on several factors:
| Factor | Impact on Value |
|---|---|
| Severity of Injury | Higher for permanent damage, coma, or cognitive loss |
| Medical Costs | Past and future treatment, therapy, devices |
| Lost Wages | Missed work and diminished future earnings |
| Pain and Suffering | Emotional distress, life changes |
| Liability & Insurance | Who is at fault and coverage limits |
đź’ˇ Example:
A moderate TBI from a car accident with $100,000 in medical bills and lost income could settle for $300,000 to $600,000+, depending on case strength.
What Damages Can You Recover in a Brain Injury Lawsuit?
In California, brain injury victims may be entitled to:
đź’µ Economic Damages
- Medical bills
- Lost income and benefits
- Long-term care costs
- Assistive devices and home modifications
❤️ Non-Economic Damages
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Loss of companionship
In rare cases involving extreme recklessness, punitive damages may also apply.
Why Should You Hire a Traumatic Brain Injury Lawyer?
Brain injury claims are among the most complex and high-stakes types of personal injury cases. Here’s why legal representation matters:
- Insurance companies undervalue TBIs — especially invisible or delayed symptoms
- TBI cases often require expert testimony
- Calculating lifetime damages requires advanced legal and medical knowledge
- An experienced attorney ensures fair negotiations and trial readiness
Westside Injury Lawyers has the medical network, litigation skills, and proven results to handle serious brain injury claims across California.
What’s the Process for Filing a Brain Injury Lawsuit?
Here’s a typical TBI claim timeline:
- 📞 Free Case Revie– We evaluate your case and your rights
- 📋 Investigation – Gathering evidence, documentation, and witness info
- 🧠Medical Evaluation – We help you access specialists to confirm diagnosis
- 💬 Negotiation – We work to settle with the insurance company
- ⚖️ Lawsuit (if needed) – If negotiations fail, we take your case to trial
Most cases settle before trial, but we prepare every case as if it will go the distance.
How Long Do You Have to File a Brain Injury Claim in California?
In most cases, you have 2 years from the date of injury to file a personal injury lawsuit in California.
However, if your injury involves:
- A government entity → you may only have 6 months
- A minor child → time limits may be extended
Don’t wait. Call Westside Injury Lawyers as soon as possible to preserve your claim.
Can You Sue If You Were Partially at Fault for a Brain Injury?
Yes. Under California’s pure comparative negligence rule, you can recover compensation even if you were partly responsible.
Your compensation will simply be reduced by your percentage of fault.
Example:
If your case is worth $500,000 but you were 20% at fault, you’d still recover $400,000.
Frequently Asked Questions About TBI Claims in California
How long do TBI symptoms last?
Symptoms may resolve in days—or persist for life. Some TBIs evolve into chronic cognitive or emotional conditions.
How much does it cost to hire a TBI lawyer?
We work on a contingency basis — no fees unless we win your case.
Do I need a brain scan to prove my case?
Brain scans (CT, MRI) help, but not all TBIs show up on imaging. Other evidence like neuropsych exams and medical history is also critical.
What if the insurance company already offered me a settlement?
Never accept an offer without legal review — it may undervalue your future medical needs or wage losses.
Speak to a California Traumatic Brain Injury Lawyer Today
A traumatic brain injury can change your life — but you don’t have to face it alone.
At Westside Injury Lawyers, we help clients throughout California recover the compensation they deserve after life-altering injuries. We know what it takes to win against insurers, and we’re here to fight for your future.
đź“ž Call us today or request a free case review.
This article is for informational purposes only and does not constitute legal advice. For free case review of your situation, you can schedule a consultation HERE