Can I still file a brain injury claim in Hawthorne if I was partly at fault?
Yes, you can still file a brain injury claim in Hawthorne even if you share some responsibility for what happened. California uses a "pure comparative negligence" rule, which means your recovery is reduced by your percentage of fault. This rule comes from the case of Li v. Yellow Cab Co.Where do I file a brain injury lawsuit in Los Angeles County?
A brain injury lawsuit for an incident in Hawthorne is generally filed in the Superior Court of California, County of Los Angeles. Under local rules, personal injury cases in Los Angeles County are filed in the judicial district where the incident occurred. Your case would be assigned to the Southwest District's Personal Injury Hub department at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503.How long do I have to file a brain injury claim in California?
You typically have two years to file a personal injury lawsuit for a brain injury in California, as set by Cal. Code Civ. Proc. § 335.1. This two-year period starts from the date of your injury. However, if your claim involves a city, county, or any other public agency in California, you must present a written claim within six months from the date of injury (Cal. Gov. Code § 911.2). If you do not meet this six-month deadline, you will likely lose your right to sue the public entity. If a minor suffers a brain injury, the general deadline is paused under Cal. Code Civ. Proc. § 352 until they turn 18. This pause does not apply to claims against public entities under the Government Claims Act, however, so the six-month deadline still applies. California law allows for recovery of economic damages, which include medical costs, lost earnings, and future lost earning capacity. You can also recover non-economic damages for pain, suffering, disfigurement, and emotional distress. If an injury leads to death, the wrongful death claim (Cal. Code Civ. Proc. § 377.60) allows surviving family members to recover for financial support, lost gifts and benefits, funeral costs, and the loss of love, companionship, and guidance. For survival actions filed on or after January 1, 2026, Cal. Code Civ. Proc. § 377.34 states that the decedent's pain, suffering, or disfigurement cannot be recovered; only economic losses the decedent sustained before death and punitive damages are available in those cases.What should I do after a brain injury in Hawthorne?
A brain injury can have lasting effects. Taking these steps can protect your health and your legal rights:- Seek immediate medical attention. Even if you feel fine, a healthcare professional can diagnose hidden injuries. Follow all medical advice and keep records of your treatment.
- Report the incident. If the injury happened due to an accident, report it to the police or property owner. For a car accident, call 911. For a fall, inform the business or property owner.
- Document everything. Take photos or videos of the scene, your injuries, and any property damage. Keep a detailed journal of your symptoms, medical appointments, and how the injury impacts your daily life.
- Do not make recorded statements to insurance companies. Insurers may try to get you to say things that can be used against your claim. You do not have to give a recorded statement without legal advice.
- Speak with a personal injury attorney. A lawyer can help you understand your rights and the steps needed to pursue a claim.
What types of brain injury cases do you handle in Hawthorne?
Casa Legal Los Angeles handles a range of brain injury cases in Hawthorne. Brain injuries often result from sudden impacts or trauma to the head. We assist individuals who have suffered traumatic brain injuries (TBIs) due to various incidents, including:- Car accidents, motorcycle accidents, or truck accidents on Hawthorne Boulevard or local streets.
- Falls on dangerous properties.
- Incidents involving pedestrians or bicycles.
- Workplace accidents.
- Assaults.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you will have a team dedicated to your brain injury case. We begin by listening to your story and understanding the specific facts of your injury. We collect evidence, including medical records, accident reports, and witness statements. We also work with medical experts to fully understand the extent of your brain injury and its impact on your life. Our firm then handles all communication with insurance companies and other parties involved. We negotiate to pursue the full compensation available under California law for your medical expenses, lost wages, and other damages. If a fair settlement cannot be reached, we are prepared to take your case to court. We focus on your legal claim so you can focus on your recovery. Our practice concentrates on personal injury and employment law.Frequently Asked Questions
What is the deadline for a brain injury claim against the City of Hawthorne?
If your brain injury was caused by the City of Hawthorne or another public entity, you must present a claim within six months of the injury under Cal. Gov. Code § 911.2. The general two-year deadline (Cal. Code Civ. Proc. § 335.1) does not apply to public entities until after the six-month claim has been filed and rejected.Can I recover for future medical costs related to my brain injury?
Yes, California law allows you to recover for future medical expenses that are reasonably certain to be incurred due to your brain injury. This includes ongoing therapy, rehabilitation, medication, and any long-term care needs. We work to project these costs accurately as part of your claim.How does a brain injury affect a personal injury claim?
A brain injury can significantly impact a personal injury claim because it often involves extensive medical treatment, long-term care needs, and changes to a person's ability to work or live independently. These factors increase the amount of economic and non-economic damages that can be claimed, including damages for pain, suffering, and lost enjoyment of life.Will my brain injury case go to trial in the Torrance Courthouse?
Many brain injury cases settle before going to trial. However, if a fair settlement cannot be reached through negotiation, your case may proceed to trial. Brain injury cases that go to trial for incidents in Hawthorne would be heard in the Superior Court of California, County of Los Angeles, Southwest District, at the Torrance Courthouse. If you have suffered a brain injury in Hawthorne, call Casa Legal Los Angeles today at 888-585-2529. No attorney's fees or case costs unless we win. This information is general and not legal advice; deadlines have exceptions and must be confirmed with an attorney for your own facts.Attorney reviewer: [Attorney Name], [Review Date]