Traumatic Brain Injury
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. We handle a wide range of cases and focus on one thing: getting results. Our goal is to win the maximum compensation you deserve and help you get the justice you're owed in California or Nevada. Contact us today for a free, no-obligation consultation.
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Millions of Americans suffer traumatic brain injuries each year in the United States. The effects can be debilitating. Victims and their families often struggle to cope with cognitive and physical disabilities, loss of independence, and changes in personality. If you or someone you love sustained a brain injury due to another person’s or company’s negligence, contact our East Los Angeles Personal Injury Lawyers to discuss your case.
Our Brain Injury Lawyers have extensive of experience
Our California brain injury attorneys will help you identify all potentially liable parties, gather evidence, and fight for the compensation you need to pay for medical care, lost income, emotional distress, and other damages. We have recovered more than hundreds of millions of dollars for our clients. Call us today at 323-838-1444 for a free initial consultation.
What Damages Might Be Recoverable After a Brain Injury?
If your brain injury was caused by someone else’s negligent or intentional actions, you have the right to bring a claim against the liable party for your compensatory damages. These include objectively verifiable losses (economic damages) and intangible losses (non-economic damages).
Because brain injury victims often require extensive and long-term medical care, compensatory damages awards can be quite substantial in these cases. You can bring a claim for all of your medical expenses including doctor’s appointments, physical therapy, diagnostic imaging, psychiatric support, and speech therapy. Your claim can also include compensation for lost wages, loss of future earning capacity, home modifications, and non-medical needs such as cooking and driving.
Non-economic damages include pain and suffering, loss of consortium, injury to reputation, humiliation, loss of companionship and society, and emotional distress. You may be entitled to compensation for non-economic damages if:
- You endured severe pain due to your injuries;
- You endured mental anguish, grief, shame, or shock;
- Your brain injury caused permanent and disabling effects such as blindness or paralysis; or
- Your brain injury has affected your ability to be intimate or provide moral support to your registered domestic partner or spouse.
Several factors will influence whether your injury claim will be successful and the total amount of compensation you may be able to recover. Those factors include:
- The cost of your past and future medical treatment;
- The amount of income you lost while recovering from your injury;
- Whether your brain injury affected your future earning capacity;
- The permanence and severity of your injury;
- How the injury affected your relationship with your spouse or registered domestic partner;
- Whether the defendant acted with malice, oppression, or fraud; and
- The cost of any home care you will need.
What Evidence Will My Brain Injury Attorney Use to Prove Damages?
The cost of medical bills and lost wages can be exorbitant after suffering a brain injury. Ultimately, the success of your case will hinge on the strength of your evidence. Even if it seems obvious that the defendant caused your injuries, you will need strong evidence to prove liability and the value of your damages.
Common evidence used to prove damages in brain injury cases includes:
- CT scans, X-rays, and other diagnostic imaging;
- Medical documentation;
- Proof of lost benefits;
- Photos and videos of your injuries and the accident that caused them;
- The police report, if applicable; and
- Receipts and invoices for home care, home modifications, and other expenses related to your injury.
Frequently Asked Questions
How long do I have to file a traumatic brain injury lawsuit in California?
In California, most traumatic brain injury victims have two years from the date of the injury to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. If your injury was caused by a government entity, such as a city bus or a county-maintained road, you must file a government tort claim within just six months of the incident. Missing either deadline can permanently bar you from recovering compensation, so it is critical to speak with a California brain injury attorney as soon as possible after your accident.
Who can be held liable for my traumatic brain injury in California?
Liability for a traumatic brain injury in California depends on how the injury occurred, and multiple parties can be responsible at the same time. If you were hurt in a car accident, the at-fault driver and potentially their employer can be liable; if you were injured on someone else's property, the property owner may be liable under California premises liability law (Civil Code Section 1714). In product-related injuries, such as a defective helmet, the manufacturer or distributor may also share fault, and your attorney can help identify every liable party to maximize your recovery.
What is my traumatic brain injury case worth in California?
The value of a traumatic brain injury claim in California varies significantly based on the severity of the injury, long-term medical needs, and the impact on your ability to work and live independently. Recoverable damages include all past and future medical expenses (such as imaging, physical therapy, and psychiatric care), lost wages, loss of future earning capacity, home modifications, and non-economic damages like pain and suffering and loss of consortium. California does not cap compensatory damages in personal injury cases, which means serious TBI cases can result in settlements or verdicts worth millions of dollars.
What should I do first after suffering a brain injury caused by someone else in California?
The most important steps after a brain injury in California are seeking emergency medical care immediately and documenting everything connected to the accident, including photos, witness contact information, and any police or incident reports. Even if your symptoms seem mild at first, a formal medical evaluation creates the documentation your attorney will need to link your diagnosis to the accident and prove your damages. Once you are stable, contact a California brain injury attorney as soon as possible because evidence can disappear quickly and the six-month deadline applies if a government entity was involved.
Can I still recover compensation if I was partially at fault for the accident that caused my brain injury?
Yes, California follows a pure comparative fault rule under Civil Code Section 1431.2, which means you can recover compensation even if you were partially responsible for the accident. Your total damages award is simply reduced by your percentage of fault, so if you were found 30 percent at fault and your damages total $1 million, you would recover $700,000. This makes it especially important to work with an experienced California brain injury attorney who can build the strongest possible case to minimize any fault assigned to you.
What mistakes do brain injury victims most commonly make that hurt their California lawsuit?
One of the most damaging mistakes is delaying medical treatment or failing to follow through with a doctor's recommended care plan, because insurance companies use gaps in treatment to argue that your injuries are not serious. Another common error is speaking with the at-fault party's insurance adjuster without an attorney, since anything you say can be used to reduce or deny your claim under California's comparative fault rules. Waiting too long to contact a lawyer is also costly, as witness memories fade, surveillance footage gets deleted, and the two-year statute of limitations under CCP 335.1 is unforgiving.
When does a traumatic brain injury case in California actually need a lawyer, or can I handle it myself?
Traumatic brain injury cases are among the most complex personal injury claims in California because they require specialized medical experts, neuropsychological evaluations, and long-term damage projections that go far beyond what most people can present on their own. Insurance companies routinely dispute TBI diagnoses and use their own medical consultants to minimize payouts, and without an attorney you are likely to settle for far less than your case is worth. At Mendez and Sanchez, our East Los Angeles brain injury attorneys have recovered hundreds of millions of dollars for injured clients, and we offer a free consultation at 323-838-1444 so you can understand your rights before making any decisions.