A brain injury can affect how a person thinks, feels, acts and sleeps, and the effects aren't always easy to see. For families, hard questions come quickly: what care will be needed, how the bills will be paid and who is responsible. As California brain injury lawyers, we help people hurt in crashes, falls and other accidents caused by someone else's carelessness, and their families, understand their options and pursue a fair result.
This page covers what to do after a head injury in an accident, the cases we handle, who may be responsible, what a claim can cover and the California deadlines that apply. It's general information, not legal or medical advice. For advice about your situation, start a free case review or give us a call.
What should I do after a head injury in an accident?
Get medical care right away and take any changes seriously. According to the CDC, some symptoms of a mild traumatic brain injury or concussion may not appear for hours or days after an injury, and certain danger signs need emergency care (CDC (opens in a new tab)). After that, keep careful records and protect your claim. These steps help, in order.
Get checked out, even if you feel okay.
Tell the doctor you hit your head or were jolted in the accident. The CDC says to call 911 or go to an emergency room right away for danger signs such as a headache that gets worse and doesn't go away, repeated vomiting, slurred speech, seizures, or can't be woken up.
Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)
Keep a daily journal.
Write down symptoms and changes, like headaches, memory problems, trouble sleeping or mood changes, and ask family members to note what they see. The CDC notes that a person may not recognize their own symptoms.
Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)
Follow your treatment plan and keep the records.
Go to follow-up appointments and keep every bill, report and referral. Gaps in care can make it harder to show how the accident affected you.
Document the accident.
Keep photos of the scene, the police or incident report number and the names of any witnesses.
Be careful with insurance companies.
Don't sign a release or accept an early payment before you know the full effect of the injury. You don't have to give the other side's insurance company a recorded statement.
Brain injury cases we handle
We help people with head and brain injuries caused by someone else's carelessness, including injuries from:
Car and truck crashes
Including injuries to drivers, passengers and people in other vehicles.
Motorcycle and bicycle crashes
Riders hurt by careless drivers, with or without a helmet.
Pedestrian accidents
People on foot struck by a vehicle.
Falls on unsafe property
Slips, trips and falls on stairs, floors and walkways a property owner should have fixed.
Dangerous public property
Injuries on government roads or property. A six-month claim deadline applies.
Concussions
Including injuries that seemed minor at first, with symptoms that appeared later.
Who may be responsible for a brain injury?
The person or business whose carelessness caused the accident. California law requires everyone to use reasonable care toward others, both in how they act and in how they manage their property (Civil Code §1714 (opens in a new tab)). Depending on how the injury happened, the responsible party may be one of these, or more than one:
A careless driver
When a driver breaks a safety law, the violation causes the kind of harm the law was meant to prevent, and the injured person is someone the law was meant to protect, California law presumes the driver was careless, unless the driver rebuts it.
An employer
A business is generally responsible for the carelessness of its drivers and other agents while they're doing the company's work.
A property owner
An owner who knew, or should have known, about a dangerous condition and didn't fix it or warn people.
Source: CACI No. 1003 (Judicial Council of California) (opens in a new tab)
A government agency
For a dangerous condition on public property, with its own rules and a six-month claim deadline.
Sources: Government Code §835 (opens in a new tab); Government Code §911.2 (opens in a new tab)
What can a brain injury claim cover?
A claim can cover the losses the injury caused, now and in the future. California law sorts them into economic losses, like medical care and lost income, and non-economic losses, like pain and emotional distress. Future losses count when they're reasonably certain, which generally has to be shown with evidence. What a claim is worth depends on its facts, and no lawyer can honestly promise a result. A claim may include:
Economic losses
- Medical care, now and in the future, including rehabilitation
- Income you lost while you couldn't work
- Lost ability to earn in the future
- Help at home and care you need
Non-economic losses
- Physical pain
- Mental suffering and emotional distress
- Loss of enjoyment of life
- Physical impairment
A spouse or registered domestic partner may have their own claim for loss of consortium: the loss of their partner's companionship, comfort, care and support (CACI No. 3920 (opens in a new tab)).
Sources: Civil Code §1431.2 (opens in a new tab); CACI No. 3903A (Judicial Council of California) (opens in a new tab); CACI No. 3903D (Judicial Council of California) (opens in a new tab); CACI No. 3905A (Judicial Council of California) (opens in a new tab)
How does California law affect a brain injury claim?
A few California rules matter a lot in brain injury claims: the deadline to file, special timing rules for children and people who can't make their own decisions, and how fault is shared. Each rule has exceptions, and the right answer depends on your facts, so treat this as a starting point, not legal advice.
Deadlines to file
The deadline to file a lawsuit for injuries is generally two years (Code of Civil Procedure §335.1 (opens in a new tab)). If a California public agency is involved, a written claim is generally due to that agency within six months (Government Code §911.2 (opens in a new tab)). Claims against federal agencies follow different rules.
Children and people who can't make their own decisions
If the injured person was a minor, or lacked the legal capacity to make decisions when the injury happened, the time of that condition generally doesn't count toward the two-year deadline (Code of Civil Procedure §352 (opens in a new tab)). That pause doesn't apply to claims against a public agency: the six-month claim deadline, and the deadline to sue after the agency rejects the claim, still apply.
If you were partly at fault
California uses pure comparative fault. If you were partly at fault, your damages are reduced by your share, but you may still recover (CACI No. 405 (opens in a new tab); Li v. Yellow Cab Co.).
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Brain injury questions
What if my symptoms showed up days after the accident?
You may still have a claim. According to the CDC, some symptoms of a mild brain injury or concussion may not appear for hours or days. See a doctor as soon as you notice changes, tell them about the accident, and keep a record of your symptoms. Medical records that connect your symptoms to the accident are important to a claim.
Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)
How long do I have to file a brain injury claim in California?
Generally two years from the injury to file a lawsuit. If a California public agency is involved, a written claim is generally due within six months. For a child, or for someone who lacked the legal capacity to make decisions when the injury happened, the two-year clock may be paused, but not the deadlines for a claim against a public agency. It's best to talk to a lawyer soon.
Sources: Code of Civil Procedure §335.1 (opens in a new tab); Government Code §911.2 (opens in a new tab); Code of Civil Procedure §352 (opens in a new tab)
Can my family help with my claim?
Yes. Family members can help gather records, keep a journal of changes they notice and talk with us about what daily life looks like now. That information can matter, because a person with a brain injury may not notice every change in themselves. If the injured person is a child or can't make their own decisions, special rules apply, and we'll explain them.
Sources: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab); Code of Civil Procedure §352 (opens in a new tab)
Should I accept the insurance company's offer?
Not before you understand the full effect of the injury. Accepting a settlement usually means signing a release that ends your claim for good, even if you later learn you need more care or can't return to work. Future medical care and lost earning ability can be part of a claim, so it's worth getting advice before you sign anything.
Sources: CACI No. 3903A (Judicial Council of California) (opens in a new tab); CACI No. 3903D (Judicial Council of California) (opens in a new tab)
What if I was partly at fault for the accident?
You may still have a claim. California follows pure comparative fault: your damages are reduced by your share of the fault, but being partly at fault doesn't automatically end your claim. For example, if you're found 20% at fault, your damages are reduced by 20%. The facts of the accident matter, so keep photos, reports and witness names.
Sources: CACI No. 405 (Judicial Council of California) (opens in a new tab); Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
What does it cost to hire a brain injury lawyer?
Nothing up front. We work on a contingency fee, which means our fee comes out of what we recover for you. If we don't get you a settlement or court award, you owe no attorney's fees and no case costs. Before you hire us, we go over the fee agreement with you in writing.