What happens between filing a Hermosa Beach brain injury claim and getting paid?
After a traumatic brain injury in Hermosa Beach, the legal process usually begins with an investigation and gathering evidence about your injury and how it happened. Then, a formal claim is prepared and filed, either with the at-fault party's insurance company or, if necessary, with the Los Angeles Superior Court.
The steps involve medical evaluations, exchanging information with the other side, and working to negotiate a fair resolution. If negotiations do not succeed, your claim may move toward a trial in court. Throughout this process, deadlines matter, and each step works toward securing compensation for your harm.
What kinds of brain injuries lead to legal claims in Hermosa Beach?
In Hermosa Beach, a legal claim for a traumatic brain injury (TBI) often arises from incidents where someone else's carelessness caused harm. This includes injuries from car accidents, where sudden impact or rapid head movement can damage the brain.
Falls are another common cause, especially those involving uneven surfaces or poorly maintained properties. Accidents involving motorcycles, like those our Hermosa Beach motorcycle accident lawyers handle, can also lead to severe head trauma. A TBI claim covers harm ranging from concussions with lasting symptoms to more severe injuries that cause long-term cognitive or physical impairment.
These claims focus on proving that another party's negligence directly resulted in your brain injury, entitling you to recover your losses. Our Hermosa Beach car accident injury attorneys also see many TBI cases.
How long do you have to file a brain injury claim and what can you recover?
Most personal injury claims in California, including those for traumatic brain injuries, must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency in Los Angeles County, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2).
California law allows for recovery of various losses after a brain injury. This includes economic damages such as medical bills, future medical care, lost wages, and any reduction in your earning capacity. You can also seek non-economic damages for your physical pain, mental suffering, loss of enjoyment of life, and emotional distress.
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.
What are the steps to take after a traumatic brain injury?
- Seek immediate medical attention: Even if you feel fine, a brain injury can have delayed symptoms. A doctor can diagnose your condition and create a treatment plan.
- Follow all medical advice: Consistently attending appointments and following your doctor's recommendations creates a record of your injuries and recovery efforts.
- Document everything: Keep detailed records of your medical treatments, expenses, missed workdays, and any ways the injury impacts your daily life.
- Avoid discussing your case with others: Do not speak with insurance adjusters or the other party's representatives without first consulting an attorney.
- Contact a Hermosa Beach brain injury attorney: An attorney can help you understand your legal options and protect your rights from the beginning. You can call us at 888-585-2529.
Where does a brain injury claim get filed in Los Angeles County?
If you suffered a brain injury in Hermosa Beach, your personal injury case will be filed in the Superior Court of California, County of Los Angeles. Specifically, it will be assigned to the Southwest District's Personal Injury Hub at the Torrance Courthouse. The Torrance Courthouse is located at 825 Maple Ave, Torrance, CA 90503.
This filing rule applies because Hermosa Beach is within the Southwest District, and Los Angeles County Local Rule 2.3 and the General Order effective May 17, 2024, require personal injury cases to be filed in the judicial district where the incident occurred. Your attorney will ensure your claim is filed in the correct courthouse and district.
For more general personal injury questions, our Hermosa Beach personal injury attorneys can help.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have a team focused on your recovery and legal needs. We gather medical records, accident reports, and witness statements to build a strong case. We handle communications with insurance companies, working to prevent them from minimizing your injuries or offering a low settlement.
We explain the legal process in plain language, keeping you informed at each stage. Our goal is to recover the full compensation available under California law for your medical expenses, lost income, and suffering. If you are in Culver City, our Culver City brain injury lawyers offer similar support. Our commitment is to manage the legal burden so you can concentrate on healing.
Frequently Asked Questions
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is an injury to the brain caused by an external force, such as a blow, jolt, or penetration to the head. This injury can disrupt normal brain function, leading to physical, cognitive, emotional, and behavioral problems. The effects range from mild, temporary symptoms like a concussion, to severe, long-lasting impairments that require extensive rehabilitation.
Can I still file a claim if I had a pre-existing condition?
Yes, you can still file a claim even if you had a pre-existing medical condition before your brain injury. California law acknowledges that an accident can worsen a pre-existing condition. If the accident aggravated or exacerbated a prior injury or condition, you may still be entitled to compensation for the additional harm caused by the incident. It is important to disclose any prior conditions to your attorney and medical providers.
How does a brain injury affect my ability to work?
A brain injury can significantly impact your ability to work, from temporary absence due to recovery to long-term disability affecting your career. Cognitive impairments like memory loss, difficulty concentrating, or reduced processing speed can make it hard to perform job duties. Physical symptoms such as headaches, fatigue, or balance issues also hinder employment. Your legal claim can include recovery for lost wages and any future loss of earning capacity due to these impacts.
How long does it take to resolve a brain injury case in Los Angeles County?
The time it takes to resolve a brain injury case in Los Angeles County varies significantly depending on several factors. These include the severity of the injury, the complexity of proving fault, the extent of your medical treatment, and whether the case settles out of court or proceeds to trial. A claim may resolve in months, but severe brain injury cases can take several years, especially if long-term care and damages are being evaluated. For cases in areas like Covina, our Covina brain injury lawyers see similar timelines.
A traumatic brain injury can change your life. Casa Legal Los Angeles works to secure your future after such an event. Deadlines have exceptions and must be confirmed with an attorney for your own facts. This content offers general legal information, not legal advice, and creates no attorney-client relationship.
Call Casa Legal Los Angeles today at 888-585-2529 for a conversation about your options. No attorney's fees or case costs unless we win.