Who pays for medical bills after a traumatic brain injury in La Habra?
When you suffer a traumatic brain injury in La Habra due to another person's actions, the at-fault party is responsible for your medical bills and other damages. This often means their insurance company pays these costs. Your ability to recover these expenses depends on proving the other party caused your injury.
Where is a traumatic brain injury claim from La Habra filed?
A personal injury claim originating in La Habra is generally filed in the Superior Court of California, County of Orange. The courthouse for these claims is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This community is part of Orange County, so any claim arising here is heard in the Orange County court system, not Los Angeles County courts.
How long do you have to file a traumatic brain injury lawsuit in California?
Most personal injury and wrongful death claims, including those involving traumatic brain injuries, must be filed within two years from the date of injury under California Code of Civil Procedure § 335.1. However, if your injury involves a city, county, or other public agency in La Habra, you must present a written claim to that public entity within six months of the injury under California Government Code § 911.2. Failing to meet these deadlines can prevent you from pursuing your claim. The law allows recovery for medical costs, lost earnings, and non-economic harm, such as pain and suffering.
The deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352. However, that pause does not apply to claims against public entities under the Government Claims Act, as specified in § 352(b).
What steps should you take after a traumatic brain injury?
- Seek immediate medical attention: Even if you feel fine, a brain injury can have delayed symptoms. Get a thorough medical evaluation right away.
- Follow all medical advice: Adhere strictly to your doctor's treatment plan. Consistent medical care creates a record of your injuries and treatment.
- Document everything: Keep detailed records of your medical appointments, treatments, medications, and any expenses related to your injury. Also, note how the injury affects your daily life.
- Avoid discussing your case with others: Do not give statements to insurance adjusters or discuss the incident on social media. What you say can be used against your claim.
- Consult with a La Habra brain injury attorney: An attorney can help protect your rights, investigate the incident, and ensure deadlines are met.
What types of incidents lead to traumatic brain injury claims in La Habra?
Traumatic brain injuries (TBIs) can result from many different kinds of accidents in La Habra. Falls are a common cause, especially among the elderly and children. Vehicle accidents, including car crashes, motorcycle accidents, and pedestrian incidents, frequently lead to TBIs. You can find more information about these types of cases on our La Habra motorcycle accident page. Other causes include sports injuries, acts of violence, and objects striking the head. If your brain injury happened due to another person's negligence, you may have a claim.
Sometimes, a brain injury results in a loved one's death. In those difficult situations, a wrongful death attorney in La Habra can help surviving family members pursue compensation for their losses. Brain injuries can also happen in other Orange County cities; for example, our firm assists clients with serious injuries in nearby Garden Grove.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on helping you pursue the full compensation available under California law. We investigate the facts of your traumatic brain injury case, gather evidence, and handle all communications with insurance companies. Our goal is to recover economic damages for your medical expenses and lost wages, as well as non-economic damages for your pain and suffering. We work to ensure your legal rights are protected while you focus on recovery. We also serve clients in other areas, including El Segundo, representing people who have suffered catastrophic injuries.
Frequently Asked Questions
What kind of medical expenses are covered in a brain injury claim?
A brain injury claim can cover a wide range of medical expenses, including emergency room visits, hospital stays, surgery, rehabilitation therapy (physical, occupational, speech), medication, and ongoing care from neurologists or other specialists. These costs can add up quickly, and a claim aims to recover both past and future medical treatment expenses.
Can I recover lost wages if my brain injury prevents me from working?
Yes, California law allows you to recover lost wages if your brain injury keeps you from working. This includes income you lost immediately after the injury and any future income you are unable to earn due to long-term disability or reduced earning capacity. Documentation of your employment and income before the injury is crucial for this part of your claim.
What if a La Habra public entity caused my brain injury?
If a public entity in La Habra, such as the city or a county agency, is responsible for your brain injury, the process is different from a claim against a private party. You must file a formal written claim with the specific public entity within six months of the injury, as required by California Government Code § 911.2. Missing this deadline will almost certainly bar your ability to file a lawsuit later, even if the general personal injury statute of limitations is two years.
How does a personal injury lawyer help with a brain injury claim?
A personal injury lawyer helps with a brain injury claim by investigating the incident, collecting evidence, consulting with medical experts to understand the full extent of your injuries, calculating all your damages, and negotiating with insurance companies. They also prepare and file all necessary legal documents, ensuring compliance with court rules and deadlines, including those specific to Orange County courts. This helps relieve the burden on you so you can focus on healing from your injury.
If you or a loved one has suffered a traumatic brain injury in La Habra, call Casa Legal Los Angeles today at 888-585-2529 for a free consultation. No attorney's fees unless we win—and no case costs either.