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traumatic brain injuries
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Traumatic Brain Injuries
Understand your rights after a traumatic brain injury and how Block Law can help you pursue the compensation you deserve.
A traumatic brain injury can change everything in an instant — the way you think, the way you feel, and the way you live. The effects are not always visible, but they are real, and they can be permanent. Whether caused by a car accident, a fall, a workplace incident, or an act of violence, a traumatic brain injury deserves to be taken seriously by the legal system.
We start by working with medical experts to fully understand the scope of your injury. From there, we build a comprehensive case that accounts for every aspect of your current and future needs to make sure you and your family are protected.
What to do After A Burn Injury
- Seek emergency medical attention immediately, even if symptoms seem mild at first.
- Follow all medical advice and attend every follow up appointment
- Keep a detailed journal of your symptoms, limitations, and how the injury affects your daily life.
- Report the incident to the relevant authority, employer, or property owner and request a written incident report.
- Do not give recorded statements to any insurance company before consulting an attorney. Call Block Law to evaluate your claim and next steps.
Frequently Asked Questions
A traumatic brain injury (TBI) results from a blow, jolt, or penetrating injury to the head that disrupts normal brain function. This includes concussions, contusions, diffuse axonal injuries, and hemorrhages. Severity ranges from mild to catastrophic. To support a personal injury claim, the injury must have been caused by someone else’s negligence, whether in a car accident, slip and fall, workplace incident, or another type of accident.
TBI victims may recover medical expenses, ongoing rehabilitation costs, lost wages, loss of future earning capacity, in-home care, pain and suffering, and emotional distress. Because TBIs often require lifelong treatment, damages in serious cases can be substantial. California places no cap on most personal injury damages, which is significant given the long-term impact a TBI can have on a person’s life.
Strong TBI claims are built on medical records, imaging results such as CT scans and MRIs, neuropsychological evaluations, and testimony from treating physicians. Accident reports, witness statements, and surveillance footage help establish how the injury occurred. Expert testimony is often critical in demonstrating the full extent of the injury and its long-term effects on the victim’s daily life and ability to work.
You generally have two years from the date of the injury to file. If the injury was not immediately apparent, the clock may start from the date you discovered or reasonably should have discovered it. Given the complexity of TBI cases, consulting an attorney as early as possible is strongly advised.
Still have questions about your accident?
Speak directly with a team member today — we’ll review your case for free!
Still have questions about your accident?
Speak directly with a team member - we’ll review your case for free.
Why Traumatic Brain Injury Cases Are Complex
Traumatic brain injuries are unlike most other personal injuries because the full extent of the damage is often not immediately apparent. Symptoms can emerge gradually over days, weeks, or even months after the initial incident. Cognitive difficulties, memory loss, personality changes, and emotional instability can develop slowly and are difficult to connect to the original accident without thorough medical documentation. This is why consistent medical care and detailed symptom documentation from the very beginning are so critical to a traumatic brain injury claim.
The long term impact of a traumatic brain injury is also uniquely difficult to quantify. Unlike a broken bone with a predictable recovery timeline, a brain injury can affect a person’s ability to work, maintain relationships, and live independently for years or for the rest of their life. Building a claim that truly reflects this requires medical experts, neuropsychological evaluations, and life care planners who can project the full cost of living with a traumatic brain injury
Common Traumatic Brain Injury Symptoms
- Persistent headaches and migraines
- Personality changes
- Memory loss and cognitive difficulties
- Sleep disturbances and chronic fatigue
- Difficulty concentrating
- Sensitivity to light
Common Causes Of Traumatic Brain Injuries
Understanding what caused your accident is the foundation of your legal claim.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are among the leading causes of traumatic brain injuries in California. The sudden force of a collision can cause the brain to move violently within the skull, resulting in injury even when no direct blow to the head occurs.
Slip and Fall Accidents
Falls are the most common cause of traumatic brain injuries across all age groups. A slip on a wet floor, a fall from a height, or a trip on an uneven surface can result in a serious head injury even when the fall appears minor.
Vehicle Accidents
Car, truck, and motorcycle accidents can result in fire, explosion, and fuel ignition that cause serious burn injuries. In these cases, the at fault driver, the vehicle manufacturer, or both may be held liable depending on the circumstances of the crash.
Workplace Accidents
Construction sites, industrial facilities, and warehouses expose workers to falling objects, equipment failures, and fall hazards that can cause serious traumatic brain injuries. Employers have a legal duty to maintain safe working conditions and provide appropriate protective equipment.
Pedestrian Accidents
Pedestrians struck by vehicles have virtually no protection from the force of a collision. The impact of a vehicle traveling even at moderate speeds can cause severe traumatic brain injuries, and symptoms may not fully present until days after the accident.
Defective Products
Faulty helmets, defective safety equipment, and dangerous consumer products that fail to protect against head injuries can cause traumatic brain injuries. In these cases, the manufacturer or distributor may be held liable for the harm caused.
Traumatic Brain Injury Laws in California
California law provides important protections for traumatic brain injury victims, but successfully recovering full compensation requires experience with the unique medical and legal challenges these cases present.
compensation
Accounting for future needs
California law allows traumatic brain injury victims to recover compensation for future medical care, lost earning capacity, ongoing rehabilitation, and the long term impact on their quality of life. Accurately projecting these future costs requires qualified medical experts and life care planners, and Block Law works with both to make sure nothing is left out of your claim.
diagnosis
When injuries are not immediately visible
Traumatic brain injuries do not always appear on standard imaging such as CT scans or MRIs. California courts recognize that the absence of visible imaging findings does not mean the injury does not exist. Neuropsychological testing, expert testimony, and detailed symptom documentation are all accepted forms of evidence in traumatic brain injury cases.
Filing Deadline
Two-year statute of limitations
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. Exceptions apply for minors, injuries involving government entities, and cases where the injury was not immediately discovered. Missing these deadlines typically means losing your right to compensation entirely, regardless of how strong your case is. Do not wait to consult an attorney.
insurance
Disputes with insurance companies
Insurance companies frequently dispute traumatic brain injury claims because the injuries are difficult to see on imaging and the long term costs are significant. Adjusters may argue that symptoms are exaggerated or unrelated to the accident. Block Law works with neurological experts and medical specialists to build an evidence based case that is difficult to dispute.
Block Law serves clients throughout Southern California, including Orange County, Los Angeles, Riverside, and San Bernardino. If you suffered a traumatic brain injury anywhere in the region, our team is ready to review your case at no cost and advise you on your rights under California law.
Quick Facts
- Free consultations
- No fee unless we win
- We handle insurer communications
- Bilingual team available
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Why Choose Block Law?
- Personalized attention from start to finish
- Free consultations. No fee unless we win.
- Available in English and Spanish
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