What happens if the insurance company calls you first after a Huntington Beach brain injury?
If an insurance adjuster contacts you right after a brain injury in Huntington Beach, they want to discuss the incident and your injuries. They may also ask you to give a recorded statement or sign medical authorizations.
Do not speak with them or sign anything without legal advice. The insurance company's goal is to minimize their payout, and anything you say can be used against you later.
What kinds of accidents cause brain injuries in Huntington Beach?
A traumatic brain injury (TBI) happens when an outside force damages the brain. This damage might come from a direct hit to the head, or from the brain moving violently inside the skull.
Common incidents leading to brain injuries in Huntington Beach include car crashes, motorcycle accidents, falls, and pedestrian collisions. Even a seemingly minor bump can lead to a serious brain injury with lasting effects.
Because brain injuries are not always immediately obvious, it is important to seek medical attention quickly after any head trauma. Learn more about brain injury claims generally on our Traumatic Brain Injury Attorney hub page.
Where do you file a brain injury claim in Orange County?
A personal injury claim for a brain injury arising in Huntington Beach is filed in the Superior Court of California, County of Orange. The courthouse for such claims is generally the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
This community is in Orange County, not Los Angeles County. A claim against a negligent party in Huntington Beach will follow Orange County court procedures, which differ from Los Angeles courts.
How long do you have to file a brain injury lawsuit in California?
Most personal injury and wrongful death claims for a brain injury must be filed within two years of the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency in Huntington Beach, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2).
Deadlines have exceptions, and you must confirm what applies to your specific facts with an attorney. For example, if the injured person is a minor, the general two-year deadline is paused during their minority under Cal. Code Civ. Proc. § 352. However, this pause does not apply to the six-month deadline for claims against public entities. Our Huntington Beach Personal Injury Attorney page offers more on these time limits.
California law allows recovery for medical costs, lost earnings, and non-economic harm related to your brain injury. For actions filed on or after January 1, 2026, Cal. Code Civ. Proc. § 377.34 limits survival damages to losses the decedent sustained before death, excluding pain, suffering, or disfigurement, unless the claim falls under specific exceptions.
What should you do after a brain injury?
- Seek Medical Care Immediately: Even if you feel fine, see a doctor. Symptoms of a brain injury can appear days or weeks later. A medical record from the start helps document your injury.
- Do Not Discuss Your Case: Avoid talking about the incident or your injuries with anyone other than your doctors and attorney. Do not post about it on social media.
- Gather Information: Collect names and contact information for witnesses. If it was a vehicle accident, get the other driver's insurance information. Take photos of the scene, vehicle damage, and your injuries.
- Contact an Attorney: An attorney can protect your rights, deal with insurance companies, and help you understand your legal options. This is general information, not legal advice, and creates no attorney-client relationship.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we investigate the incident that caused your brain injury. This includes gathering evidence, speaking with witnesses, and working with medical experts to understand the full extent of your brain injury.
We handle all communication with insurance companies. Our goal is to ensure your brain injury claim is filed correctly and on time, pursuing the full compensation available under California law. We represent clients throughout Orange County, including nearby communities like Garden Grove and Covina.
Frequently Asked Questions
How is a brain injury diagnosed?
A brain injury is diagnosed through various medical assessments, which can include neurological exams, imaging tests like CT scans or MRIs, and cognitive evaluations. Doctors look for signs of physical damage to the brain or changes in brain function that result from the trauma.
Can a minor file a brain injury lawsuit in Huntington Beach?
Yes, a minor can file a brain injury lawsuit, but an adult representative, typically a parent or guardian, must do so on their behalf. The typical two-year deadline to file a personal injury claim is paused while the injured person is a minor under Cal. Code Civ. Proc. § 352, but claims against public entities are not subject to the same pause.
What kinds of compensation can you recover for a brain injury?
For a brain injury, you can recover economic damages like past and future medical expenses, lost wages, and loss of earning capacity. You can also seek non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. The specific facts of your case determine what compensation applies.
What if the brain injury was caused by a public entity?
If a public entity caused the brain injury in Huntington Beach, you must file a specific administrative claim within six months of the injury under Cal. Gov. Code § 911.2. Failing to meet this deadline typically bars you from suing the public entity later. This process is distinct from suing a private individual or company.
If you or a loved one suffered a brain injury in Huntington Beach, contact Casa Legal Los Angeles for a free consultation. Call us at 888-585-2529 today. No attorney's fees unless we win — and no case costs either.