Do you have a personal injury claim in Bell if a brain injury was not immediately diagnosed?
A brain injury claim in Bell does not disappear just because medical professionals did not diagnose it right away. Brain injuries, especially mild traumatic brain injuries, often have delayed symptoms that can take days or weeks to become apparent.
Whether you have a valid claim depends on when you discovered your injury and its connection to a negligent act. California law allows for a delayed discovery rule in some personal injury cases, meaning the deadline to file a lawsuit may start when you first reasonably suspected the injury and its cause, not necessarily the date of the accident itself.
What types of cases lead to brain injuries in Bell?
Brain injuries result from various incidents caused by someone else's negligence. In Bell, these often include traffic accidents like car crashes, motorcycle collisions, and pedestrian accidents.
Falls on unsafe property also cause many brain injuries, particularly if a property owner failed to maintain safe premises. Assaults, sports incidents, and even medical malpractice can also result in traumatic brain injuries. When another person or entity is responsible for the incident that caused your brain injury, you may have a right to pursue compensation.
How long do you have to file a brain injury claim in Bell?
Most personal injury claims in California, including those for brain injuries, must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your injury involves a city, county, or any other public agency, a written claim must be presented to that public entity within six months of the injury (Cal. Gov. Code § 911.2).
If you miss these deadlines, your claim can be permanently barred. The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
A successful claim can recover compensation for your medical care, lost income, and non-economic damages like pain and suffering. If the injury resulted in a death, surviving family members may have a claim for wrongful death. Our Bell wrongful death attorneys can help surviving family members understand their rights.
What should you do after sustaining a brain injury?
If you or a loved one has suffered a brain injury, taking specific steps can protect your health and your legal rights.
- Seek immediate medical attention: Even if symptoms are mild or delayed, a medical evaluation is crucial. Documenting your injury early provides important evidence.
- Follow all medical advice: Adhere to your doctor's recommendations for treatment, medication, and follow-up appointments. Missing appointments or deviating from treatment plans can harm your health and your claim.
- Document everything: Keep detailed records of your medical appointments, treatments, medications, and any expenses related to your injury. Also, note how the injury affects your daily life.
- Avoid discussing your injury: Do not speak with insurance adjusters or sign any documents without first talking to a lawyer. Anything you say can be used against you.
- Contact a personal injury lawyer: A personal injury lawyer can help you understand your options and protect your rights. An attorney focusing on traumatic brain injury claims can determine who is responsible and how to pursue compensation.
Where do you file a personal injury claim for a brain injury in Bell?
A personal injury claim for a brain injury originating in Bell is generally filed in the Superior Court of California, County of Los Angeles. This falls under the Central District. According to LASC Local Rule 2.3, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department.
The main courthouse for the Central District is the Stanley Mosk Courthouse, located at 111 N Hill St, Los Angeles, CA 9012. While this is generally where cases from Bell are filed, confirming the correct courthouse on the court's official locator for your specific facts is always best.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have a dedicated team handling the legal complexities of your brain injury claim. We investigate your incident, gather evidence, and identify all responsible parties. We communicate with insurance companies and negotiate for the full compensation available under California law.
We prepare your case for trial if a fair settlement cannot be reached. Our firm concentrates its practice on personal injury and employment law, helping people who are hurt because of someone else's negligence in Bell and nearby communities such as Bell Gardens, Arcadia, and Baldwin Park.
Frequently Asked Questions
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is a complex injury to the brain caused by a sudden jolt, blow, or penetrating head injury. TBIs can range from mild concussions to severe injuries that cause permanent disability, affecting cognitive function, physical abilities, and emotional regulation. Each person's experience with a TBI is unique.
Can I still get compensation if I was partly at fault for my brain injury in Bell?
California follows a system of pure comparative negligence, which means you can still recover compensation even if you were partly at fault for the incident that caused your brain injury. Your compensation amount would be reduced by your percentage of fault. For instance, if you are found 20% responsible, your total damages would be reduced by 20%.
How long does a brain injury claim take to resolve in Los Angeles County?
The time it takes to resolve a brain injury claim in Los Angeles County varies significantly depending on the complexity of the case, the severity of the injuries, and whether the case settles out of court or goes to trial. Some cases resolve in months, while others, particularly those involving severe brain injuries, can take several years due to ongoing medical treatment and rehabilitation.
What if my brain injury symptoms only appear months after the accident?
If your brain injury symptoms appear months after an accident, you may still have a valid claim. California's delayed discovery rule states that the deadline to file a lawsuit may be paused until you discover, or reasonably should have discovered, both the injury and that it was caused by someone else's wrongdoing. Prompt medical evaluation and legal consultation are important to connect the symptoms to the original incident.
Dealing with a brain injury is hard enough without also fighting for compensation. Casa Legal Los Angeles is here to help. Call us today at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win. This information is for general purposes and not legal advice; deadlines have exceptions and must be confirmed with an attorney for your specific facts.