A traumatic brain injury (TBI) can change a person’s life in an instant. These injuries often affect cognitive ability, physical coordination, and overall quality of life. Many TBIs are caused by sudden accidents, such as car crashes, slip and falls, or workplace incidents.
If you or a loved one has suffered a TBI due to someone else’s negligence, it’s crucial to understand your legal rights. Filing a traumatic brain injury claim in California can help you secure compensation for medical expenses, lost wages, and emotional suffering.
At Hillstone Law, we’ve prepared this guide to explain what a TBI is, the common causes in California, symptoms to watch for, and how to file a claim.
What Is a Traumatic Brain Injury (TBI)?
A TBI occurs when an external force causes damage to the brain. This may happen through:
- A blow to the head
- A violent jolt (such as in a car accident)
- Penetration of the skull by an object
TBIs are categorized by severity:
- Mild (Concussion) – Temporary effects such as headaches and dizziness
- Moderate – Symptoms that last longer and may impact memory or coordination
- Severe – Long-term or permanent disability, coma, or even death
Even so-called “mild” TBIs should not be taken lightly, as complications like post-concussion syndrome can last for months.
Common Causes of Traumatic Brain Injuries in California
1. Motor Vehicle Accidents
Car, truck, and motorcycle crashes are the leading cause of TBIs in California. The force of impact can cause the brain to strike the inside of the skull, leading to bruising or swelling. Motorcyclists, bicyclists, and pedestrians face especially high risks due to limited protection.
👉 READ MORE: [Consulting a Lawyer After Your Car Crash Concussion]
2. Slip and Fall Accidents
Falls on slippery floors, uneven sidewalks, or poorly maintained walkways are a major source of TBIs. Older adults are especially vulnerable, as falls can lead to long-term cognitive and physical complications.
3. Workplace Accidents
Construction sites and industrial workplaces present serious risks. Falling objects, heavy equipment accidents, and lack of proper safety gear often contribute to TBIs.
4. Sports Injuries
Contact sports like football, soccer, and hockey frequently cause concussions. Even recreational activities like cycling or skateboarding can result in TBIs without proper helmets. Repeated concussions may lead to long-term conditions such as chronic traumatic encephalopathy (CTE).
5. Assaults and Acts of Violence
Physical attacks and violent incidents can result in severe brain injuries. These cases often involve both criminal charges and civil lawsuits for compensation.
Symptoms of a Traumatic Brain Injury
Symptoms vary depending on the severity of the injury and may appear hours or even days later.
Mild TBI (Concussion) Symptoms:
- Headaches
- Dizziness
- Nausea or vomiting
- Sensitivity to light or sound
- Difficulty concentrating
Moderate to Severe TBI Symptoms:
- Persistent headaches
- Loss of consciousness
- Seizures or convulsions
- Slurred speech
- Memory loss or confusion
- Loss of coordination
If you notice these symptoms after an accident, seek immediate medical attention. Prompt treatment not only improves recovery but also creates important documentation for your claim.
Filing a Traumatic Brain Injury Claim in California
If your TBI was caused by negligence, you may be entitled to significant compensation. Here’s how the process works:
- Seek Medical Care – Prioritize your health and ensure your injuries are documented.
- Gather Evidence – Collect police reports, medical records, photos, and witness statements.
- Hire an Attorney – A TBI attorney will evaluate your case, gather expert testimony, and build a strong claim.
- File the Claim – Your lawyer will file against the responsible party, whether an individual, business, or government entity.
- Negotiate or Go to Trial – Many cases settle out of court, but if needed, Hillstone Law is fully prepared to go to trial.
Statute of Limitations for TBI Claims in California
- Personal Injury Claims: 2 years from the date of the accident
- Government Claims: Usually 6 months from the date of the incident
- Minors: The timeline may be extended until the victim turns 18
- Delayed Discovery: If the injury wasn’t immediately apparent, the clock may start when symptoms are discovered
Because time limits are strict, delaying action can cost you the chance to recover compensation.
How Hillstone Law Can Help
At Hillstone Law, we understand the life-altering impact of traumatic brain injuries. Our legal team will:
- Work with medical experts and accident reconstruction specialists
- Calculate damages for medical costs, lost wages, and long-term care
- Negotiate aggressively with insurance companies
- Take your case to trial if necessary
We’re dedicated to protecting your future and ensuring you receive the compensation you need to move forward.
