Does a concussion always count as a traumatic brain injury in Commerce?
No, not every concussion automatically qualifies as a severe traumatic brain injury in legal terms, though any head trauma should be taken seriously. A concussion is a type of mild traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head, or by a hit to the body that causes the head and brain to move rapidly back and forth. The legal definition and compensation for a TBI depend on the severity of the injury, its long-term effects, and how it impacts the injured person's life and ability to work. What matters for a claim is often the objective evidence of injury and the lasting functional deficits caused by the trauma, not just the initial diagnosis.
What kinds of brain injuries can lead to a personal injury claim in Commerce?
Many types of brain injuries can form the basis of a personal injury claim if caused by someone else's negligence. These include mild traumatic brain injuries (mTBI), such as concussions, which can still lead to lasting symptoms like headaches, dizziness, and cognitive difficulties. More severe injuries, known as moderate or severe TBIs, involve brain damage that can result in long-term or permanent impairments, impacting memory, concentration, speech, and physical abilities. Common causes of these injuries in Commerce can include car crashes on busy streets like Atlantic Boulevard, slip and falls in commercial buildings, or impacts from falling objects at construction sites.
A brain injury claim typically focuses on showing how the negligence of another party directly caused the harm and how that harm has affected your life. This includes demonstrating medical costs, lost income, and the non-economic impact of the injury. We represent individuals with all types of traumatic brain injuries and also help families pursue justice in wrongful death cases in Commerce when a brain injury proves fatal.
How long do you have to file a brain injury lawsuit in Los Angeles County?
Most personal injury claims in California, including those for brain injuries, must be filed within two years from the date of injury, as stated in Cal. Code Civ. Proc. § 335.1. However, if the responsible party is a city, county, or other public agency, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2). This six-month deadline is strict and has different rules for minors; while the general two-year deadline is typically paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, that pause does not apply to the six-month government claim deadline.
A brain injury claim can recover various types of compensation, including economic damages for medical treatment, rehabilitation, lost wages, and future earning capacity. Non-economic damages may cover pain, suffering, emotional distress, and loss of enjoyment of life. The specific facts of your case determine what compensation is available under California law.
What steps should you take after suffering a brain injury?
- Seek immediate medical attention: Even if you feel fine after a blow to the head, symptoms of a brain injury can be delayed. A doctor can diagnose your condition and start appropriate treatment, which is critical for both your health and any future legal claim.
- Follow medical advice diligently: Adhere to all treatment plans, attend follow-up appointments, and keep records of all medical care. Consistent medical documentation provides strong evidence of your injury and its impact.
- Report the incident: If your injury happened in a car crash, file a police report. If it occurred on someone's property, report it to the property owner or manager. For work-related injuries, notify your employer.
- Document everything: Keep detailed records of your symptoms, how the injury affects your daily life, medical bills, lost time from work, and any other expenses related to your injury. Photos of the accident scene and any visible injuries are also valuable.
- Avoid discussing the case with others: Do not speak with insurance adjusters, opposing parties, or post details on social media without first consulting an attorney. Any statements you make could be used against your claim.
- Contact a personal injury attorney: An attorney can help you understand your rights, gather evidence, handle communication with insurance companies, and file your claim within the necessary deadlines.
Where do you file a brain injury claim in Commerce?
Personal injury cases arising from incidents in Commerce, California, are generally filed in the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, cases are assigned to the judicial district where the incident occurred and then to that district's Personal Injury Hub department. For Commerce, this means your claim will likely be heard at the Stanley Mosk Courthouse, located at 111 N Hill St, Los Angeles, CA 90012.
However, the specific courthouse can change based on court administration and local rules. It is always wise to confirm the filing courthouse on the court's official locator before submitting any documents. Our legal team is familiar with the Los Angeles County court system and can ensure your claim is filed correctly and in the proper venue.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having a dedicated legal team in your corner, focused on securing the full compensation available under California law for your brain injury. We start by listening to your story and thoroughly investigating the circumstances of your injury. This includes gathering medical records, accident reports, and witness statements, and identifying all potentially liable parties. We also work with medical experts and life care planners to accurately assess the long-term impact of your brain injury and calculate all your present and future damages.
Our firm handles all communications with insurance companies and opposing counsel, protecting you from tactics designed to minimize your claim. We prepare your case for either settlement negotiations or, if necessary, trial, always keeping your best interests at the forefront. Whether your injury occurred in a Culver City car crash or a workplace accident here in Commerce, we treat every client with respect and ensure you understand each step of the legal process.
Frequently Asked Questions
What is the difference between a concussion and a TBI?
A concussion is a mild form of traumatic brain injury (TBI). While concussions are often considered less severe, they are still a brain injury and can lead to significant and lasting symptoms. A TBI is a broader term that encompasses any injury to the brain caused by an external physical force, ranging from mild concussions to severe brain damage with profound, permanent impairments.
Can a brain injury claim be filed against a government agency in Los Angeles County?
Yes, a brain injury claim can be filed against a government agency in Los Angeles County if their negligence caused your injury. However, claims against public entities have a strict six-month deadline to file a written claim (Cal. Gov. Code § 911.2) before a lawsuit can proceed. This deadline is much shorter than for claims against private parties, making prompt legal consultation critical.
What if the injured person is a minor?
If the injured person is a minor, the two-year deadline for most personal injury claims is generally paused until they reach 18 years old, according to Cal. Code Civ. Proc. § 352. However, this pausing rule does not apply to the six-month deadline for claims against public entities. A guardian or parent must still file the government claim within six months of the minor's injury.
How long does a brain injury lawsuit take in Los Angeles?
The duration of a brain injury lawsuit in Los Angeles varies significantly depending on the complexity of the case, the severity of the injury, and whether it settles out of court or proceeds to trial. Simpler cases might resolve in months, while complex brain injury cases involving extensive medical evaluation and significant disputes over liability or damages can take several years to reach a resolution.
A brain injury can turn your life upside down, but you don't have to face the legal battle alone. Casa Legal Los Angeles is here to help you get back on your feet. Call us today at 888-585-2529 for a consultation. No attorney's fees or case costs unless we win.