The Ultimate Guide to Brain Injuries in California:
Everything You Need to Know

Brain Injury Overview

Brain injuries can have devastating consequences, not only for the victim but also for their families. Whether caused by a car accident, slip-and-fall, or workplace accident, these injuries can range from mild concussions to catastrophic traumatic brain injuries (TBI).

At Beverly Hills Injury Firm, we are dedicated to helping victims of brain injuries recover compensation for their suffering. This comprehensive guide will walk you through the common types of brain injuries, how to establish fault, types of compensation available, and much more.

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What to Do After an Auto Accident Involving a Brain Injury

Prioritize Your Health

If you or someone you know has been involved in an accident causing a brain injury, follow these critical steps:

Seek Medical Attention Immediately
- Even if the symptoms seem mild, a brain injury could be more severe than initially perceived. Go to the hospital or visit your doctor as soon as possible for an evaluation.
Document the Scene
- Take pictures of the accident scene, any visible injuries, vehicle damage, and the surrounding area. Gather contact information for witnesses and exchange insurance details with the other party.
File a Police Report
- In many cases, a police report can provide vital evidence in proving fault and liability.
Contact an Attorney
- A brain injury attorney can help protect your legal rights, guide you through the claims process, and ensure you pursue the compensation you deserve.
Avoid Discussing the Accident with Insurance Companies
- Insurance companies may attempt to settle your case quickly for less than what you deserve. Avoid giving recorded statements without consulting your attorney.

Common Types of Brain Injuries

Brain Injuries can be categorized based on severity, cause, and the area of the brain affected. The most common types include:

Concussion: The most common form of brain injury, often caused by a blow or jolt to the head. Although many people recover fully from a concussion, it can lead to long-term symptoms like headaches, dizziness, and memory loss, Common Causes: Car accidents, sports injuries, falls, and assaults.

Contusion (Brain Bruise): A contusion is a bruise on the brain caused by a blow to the head. It can cause swelling, and if the injury is severe enough, it can lead to permanent brain damage. Common Causes: Violent collisions, falls, and direct trauma.

Traumatic Brain Injury (TBI): TBI occurs when an external force damages the brain, potentially causing severe cognitive, physical, and emotional consequences. TBIs range from mild to severe and can affect any part of the brain. Common Causes: Car accidents, construction accidents, workplace accidents, and sports injuries.

Diffuse Axonal Injury (DAI): This occurs when the brain’s long connecting fibers (axons) are stretched or torn. It can result in severe long-term disabilities or even death. Common Causes: High-impact trauma, especially in car accidents or violent assaults.

Penetrating Brain Injury: When an object, such as a bullet or sharp object, enters the skull and damages brain tissue. These injuries are often severe and can result in irreversible damage. Common Causes: Gunshot wounds, industrial accidents, and violent attacks.

Anoxic Brain Injury: This occurs when the brain is deprived of oxygen for a significant period. Lack of oxygen can lead to permanent brain damage. Common Causes: Drowning, cardiac arrest, choking, or severe medical conditions.

Report the Accident

Inform the local police and your insurance provider of the accident.

When talking about the incident, be honest but do not accept responsibility.

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Establishing Who Is at Fault in a Brain Injury Case

California is a comparative negligence state and liability may be divided
among one or more parties for an accident.

Even if you were partly to blame, you could still receive compensation,
albeit in a lesser amount reflecting a percentage of your fault.

Brain Injury Law in California

Investigating the Incident: Whether the brain injury occurred due to a car accident, workplace accident, or slip-and-fall, gathering evidence such as police reports, medical records, and witness testimony is essential.

Proving Negligence: In most brain injury cases, the injured party must prove that the other party’s negligence led to the injury. This could involve proving that the responsible party failed to act with reasonable care, such as running a red light in a car accident or failing to maintain safe conditions in a workplace. The four elements of negligence must be proven: Duty of care, Breach of duty, Causation, & Damages.

Comparative Fault in California: California follows a comparative fault system, meaning if the victim is partially responsible for the injury, their compensation may be reduced by the percentage of fault they bear.

The Legal Process of Brain Injury Cases

The legal process for brain injury claims typically follows these steps:

Initial Consultation: You’ll meet with an attorney to review the details of your case, and they’ll explain your legal options.

Investigation and Evidence Gathering: The attorney will gather evidence, including medical records, accident reports, and witness statements.

Demand for Compensation: Your lawyer will send a demand letter to the responsible party’s insurance company, requesting compensation for your injuries.

Negotiations and Settlement: Most brain injury claims are settled out of court. Your attorney will negotiate with the insurance company to secure a fair settlement.

Trial (if necessary): If a settlement cannot be reached, your case may go to trial. Your lawyer will represent you and present evidence to support your claim in front of a judge and jury.

Post-Trial and Appeals: After the trial, your lawyer will ensure that any compensation is paid, and if necessary, handle any appeals.

Understand Time Limits

In California, the statute of limitations for filing a personal injury lawsuit, including brain injury claims, is generally two years from the date of the injury. However, in certain cases, such as when the injury wasn’t immediately apparent, the time may be extended.

Exception to the rule: If the brain injury occurred due to a medical error, you might have one year from the discovery of the injury to file a claim.

It’s critical to consult with an experienced attorney as soon as possible after the injury to ensure your case is filed within the required time frame.

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FAQ's

What are the signs of a brain injury?

Symptoms can vary, but common signs include headaches, dizziness, nausea, confusion, memory loss, mood swings, and difficulty concentrating. In severe cases, loss of consciousness and seizures may occur.

How do I know if my brain injury claim is worth pursuing?

If your brain injury is caused by someone else’s negligence, and you have significant medical costs, lost wages, or pain and suffering, it may be worth pursuing legal action.

How much can I receive in compensation for a brain injury?

The compensation amount depends on the severity of your injury, the impact on your life, and the specific circumstances of your case. An experienced attorney can help assess the potential value of your claim.

How long does it take to settle a brain injury claim?

The timeline varies based on the complexity of the case, the severity of the injury, and the willingness of the parties to settle. Most cases take between a few months to a year to resolve, but complex cases may take longer.

why choose us?

Working with a law firm such as Beverly Hills Injury Firm for your Brain Injury Lawsuit means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been involved in an accident resulting in a Brain Injury in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in Brain Injury accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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