Can I still file a brain injury claim in Brea if I waited to get medical help?
You can still pursue a brain injury claim in Brea even if there was a delay in seeking medical attention. Delays can complicate a claim, but they do not automatically bar you from recovering compensation for your losses.
California law generally allows two years from the date of injury to file most personal injury claims, including those for brain injuries (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency in Brea, you typically have only six months to present a written claim (Cal. Gov. Code § 911.2).
Where do Brea brain injury lawsuits get filed?
A personal injury claim for a brain injury arising in Brea is filed in the Superior Court of California, County of Orange. Brea is located in Orange County, not Los Angeles County. Cases are generally filed at the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
Confirming the correct justice center for your specific incident location is an important step. This court handles civil disputes, including those for serious injuries like traumatic brain injuries.
How long do I have to file a brain injury claim in California?
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, this deadline changes significantly if a government entity caused your brain injury. For claims against a city, county, or public agency, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2).
While the deadline is generally paused while an injured person is a minor under CCP § 352, that pause does not apply to claims against public entities (CCP § 352(b)). The specific circumstances of your injury and when you discovered it can also affect these deadlines. It is important to confirm what applies to your own facts.
California law allows recovery for medical costs, lost earnings, and non-economic harm related to your brain injury. For personal injury claims filed on or after January 1, 2026, if the claim is a survival action, the decedent's pain, suffering, or disfigurement is not recoverable per CCP § 377.34.
What should you do after a brain injury in Brea?
- Seek immediate medical attention: Even if symptoms seem mild, a medical professional can diagnose the extent of a brain injury and create a treatment plan. This creates a record of your injury.
- Report the incident: If your injury occurred due to an accident, report it to the appropriate authorities, such as the Brea Police Department or your employer.
- Gather information: Collect contact information for any witnesses, take photos of the scene, and keep records of all medical appointments and expenses.
- Do not speak to insurance adjusters without legal advice: Insurers often try to settle claims quickly for less than their full value. Anything you say can be used against you.
- Consult a personal injury attorney: An attorney can help you understand your rights, investigate the cause of your injury, and pursue compensation. This guidance is especially important for complex injuries like those to the brain.
What kinds of cases do Casa Legal Los Angeles handle for brain injuries?
Casa Legal Los Angeles represents individuals who have suffered traumatic brain injuries (TBIs) due to the negligence or wrongdoing of others. Our work extends to various types of incidents that can lead to severe head trauma. This includes injuries resulting from car accidents in Brea, where sudden impacts can cause concussions and more severe TBIs. We also assist those injured in motorcycle accidents, which often result in significant head injuries due to less protection.
Our firm also handles cases involving slip-and-falls, pedestrian accidents, and other incidents where falls or impacts cause brain damage. We represent clients throughout the region, including in nearby communities like Arcadia and Baldwin Park. We are dedicated to ensuring that those suffering from brain injuries receive the full compensation available under California law. For more general information about this practice area, you can visit our personal injury law hub.
What is it like to work with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means having a dedicated team focused on your recovery and legal needs. Our firm concentrates on personal injury and employment law. We begin by listening to your story and understanding the full impact of your brain injury on your life. We gather evidence, consult with medical experts, and build a strong case to establish liability and document your damages. This includes calculating past and future medical expenses, lost wages, and non-economic losses like pain and suffering.
We handle all communications and negotiations with insurance companies, protecting you from tactics designed to minimize your claim. Our goal is to secure fair compensation, whether through settlement or trial, allowing you to focus on your health. We also handle related claims such as wrongful death in Brea when a brain injury proves fatal.
Frequently Asked Questions
What is a traumatic brain injury?
A traumatic brain injury (TBI) happens when an external force causes brain dysfunction. This can be a violent blow or jolt to the head, or an object piercing the skull and entering brain tissue. Symptoms can range from mild (like a concussion) to severe, causing long-term or permanent changes in brain function.
How do I know if my claim is against a public entity in Brea?
Your claim is against a public entity in Brea if the injury occurred on public property (like a city park or street maintained by Brea), or if a public employee or agency (such as a city bus driver or public works department) was responsible for your injury. The six-month deadline for public entity claims (Cal. Gov. Code § 911.2) is a strict requirement, so identifying if a government agency is involved is critical.
Can I recover for emotional distress caused by a brain injury?
Yes, California law allows for the recovery of non-economic damages, which include emotional distress, pain, suffering, loss of enjoyment of life, and other non-monetary losses resulting from a brain injury. These damages are a significant part of many brain injury claims due to the profound impact these injuries can have on a person's mental and emotional well-being.
What if I cannot afford medical treatment after a brain injury?
If you cannot afford medical treatment after a brain injury in Brea, your attorney can often help you get the care you need by working with medical providers on a lien basis. This means the medical providers agree to wait for payment from your settlement or court award rather than requiring upfront payment. This allows you to receive necessary treatment without immediate out-of-pocket costs.
A brain injury can turn your life upside down. While you focus on healing, let Casa Legal Los Angeles handle the legal fight. Call us today at 888-585-2529 for a free conversation about your rights. No attorney's fees unless we win — and no case costs either.