Does a concussion always count as a traumatic brain injury in Claremont?
No, a concussion does not always count as a traumatic brain injury in the eyes of the law. While concussions are a type of brain injury, the legal definition of a traumatic brain injury often requires lasting symptoms or demonstrable impairment.
Many factors decide if an injury meets the legal threshold for a TBI claim, including the severity of the impact, the specific symptoms you experience, and how long those symptoms last. Medical evidence documenting the injury and its effects on your daily life is crucial for any claim involving brain trauma.
What kinds of brain injuries lead to claims in Claremont?
Many kinds of brain injuries lead to claims in Claremont. These often include injuries from car crashes, falls, sports accidents, or violence.
Impacts that cause a sudden jolt or blow to the head can result in injuries ranging from mild concussions to severe brain damage. Even a "mild" traumatic brain injury can cause long-term cognitive, emotional, and physical problems. Our firm focuses on traumatic brain injury cases, understanding the complex medical and legal issues involved. A brain injury can disrupt your ability to work, maintain relationships, or live independently, creating a lifetime of challenges.
How long do I have to file a brain injury claim in Los Angeles County?
Most personal injury claims for a brain injury in California must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency in Los Angeles County, a written claim must be presented to that public entity within six months of the injury (Cal. Gov. Code § 911.2).
Missing these deadlines means you likely lose your right to pursue compensation. Deadlines have exceptions and must be confirmed with an attorney for your specific facts. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What you can recover depends on your specific losses. California law allows for recovery of medical costs, lost earnings, future loss of earning capacity, and non-economic harm such as pain, suffering, and loss of enjoyment of life. For brain injuries, these non-economic damages can be substantial due to the profound and lasting impact on a person's life.
What should I do after suffering a brain injury in Claremont?
- Seek immediate medical attention: See a doctor, even if your symptoms seem mild at first. Brain injuries can worsen over time, and prompt medical documentation is vital for your health and any future claim.
- Follow all medical advice: Adhere strictly to your doctor's recommendations, attend all follow-up appointments, and keep records of all treatments, prescriptions, and therapy sessions.
- Document everything: Keep detailed notes about your symptoms, how they affect your daily life, conversations with medical professionals, and any missed work or activities. Gather photos or videos of the incident scene and your injuries if possible.
- Do not speak to insurance adjusters without legal advice: Insurance companies may try to offer a quick, low settlement. An attorney protects your interests and ensures you do not inadvertently harm your claim.
- Consult an attorney: Speak with a personal injury attorney who understands brain injury cases soon after your injury. They can explain your rights, investigate the cause of your injury, and pursue compensation on your behalf.
Where do I file a brain injury lawsuit for an incident in Claremont?
A personal injury lawsuit for an incident in Claremont is generally filed in the Superior Court of California, County of Los Angeles, East District. This is the correct court because Claremont is located within Los Angeles County.
Specifically, your case will be assigned to the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. In Los Angeles County, 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 (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
What is it like working with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means having an advocate focused on your recovery and rights. We start by listening to your story and understanding the full impact of your brain injury. We handle all communications with insurance companies and responsible parties, protecting you from their tactics.
Our firm gathers medical records, accident reports, and expert testimony to build a strong case. We manage all court filings and deadlines, including the complex six-month government claim deadline if your injury involves a public entity. Our goal is to recover the full compensation available under California law for your medical bills, lost wages, and suffering, so you can focus on getting better. Our Claremont clients also benefit from our experience with local courts, which helps us effectively represent individuals from Claremont, Covina, and other nearby Los Angeles County cities like Claremont itself.
Frequently Asked Questions
What is Prop 213, and how does it affect my brain injury claim?
Prop 213 is California Civil Code § 3333.4, which bars uninsured drivers or those convicted of DUI from recovering non-economic damages like pain and suffering. If you were injured in Claremont and were uninsured at the time of a car accident, you would still be able to recover economic damages such as medical bills and lost wages, but not non-economic damages, unless the at-fault driver was convicted of DUI.
Can I pursue a claim if my brain injury symptoms appeared weeks after the incident?
Yes, you can pursue a claim even if your brain injury symptoms appeared weeks after the incident. Brain injury symptoms, especially from concussions or mild TBIs, can have a delayed onset. It is crucial to seek medical evaluation as soon as symptoms appear and to document the connection between the incident and your symptoms with your doctor. This medical evidence helps establish the link necessary for a successful claim in Claremont.
Is there a different process for claims against public entities in Claremont?
Yes, claims against public entities in Claremont, such as the City of Claremont, Los Angeles County, or a local school district, follow a different process. You must file a formal written claim with the specific public entity within six months of the injury (Cal. Gov. Code § 911.2). If this claim is denied, you then have six months from the date of the rejection notice to file a lawsuit (Gov. Code § 945.6(a)(1)).
What if my brain injury was caused by medical malpractice in Los Angeles County?
If your brain injury was caused by medical malpractice in Los Angeles County, the statute of limitations is generally three years from the date of injury or one year from the date you discovered the injury, whichever comes first (CCP § 340.5). However, there is also a requirement to provide 90 days' prior notice of intent to sue before filing a lawsuit (CCP § 364).
A brain injury changes everything. It deserves focused attention from a legal team dedicated to getting results for you. Contact Casa Legal Los Angeles at 888-585-2529 to discuss your claim. No attorney's fees unless we win — and no case costs either.