Is someone else always at fault for a traumatic brain injury in Rancho Palos Verdes?
No, someone else is not always at fault for a traumatic brain injury. California uses a pure comparative negligence system, meaning more than one person can share responsibility for an accident that causes injury.
Even if you contributed to the incident in some way, you could still recover compensation, though your recovery would be reduced by your percentage of fault. This system means fault is often a complex issue decided by examining all the circumstances.
What is a traumatic brain injury?
A traumatic brain injury (TBI) happens when an external force injures the brain. This injury can range from a mild concussion to severe brain damage with lasting effects.
Common causes include falls, car crashes, sports impacts, and assaults. Even seemingly minor head impacts can lead to significant problems, sometimes developing days or weeks after the initial incident.
Symptoms of a TBI vary widely but can include headaches, dizziness, confusion, memory issues, mood changes, and difficulty concentrating. More severe injuries might involve loss of consciousness, seizures, or permanent cognitive and physical impairments.
Recognizing these symptoms and seeking prompt medical attention is important. An accurate diagnosis helps determine the best course of treatment and documents the injury for any potential legal claim.
How long do you have to file a brain injury claim in Los Angeles County?
Most personal injury claims, including those for brain injuries, must be filed within two years under California Code of Civil Procedure § 335.1. However, if your injury involves a city, county, or other public agency in Rancho Palos Verdes, you must present a written claim within six months under California Government Code § 911.2.
If you miss these deadlines, you lose your right to sue, so confirming the specific deadline for your situation is critical. The deadline is generally paused while an injured person is a minor under CCP § 352, but that pause does not apply to claims against public entities under the Government Claims Act.
California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain and suffering. If the injury resulted in a death, surviving family members can pursue a wrongful death claim for financial support, lost gifts and benefits, funeral costs, and the loss of love and companionship.
However, for survival actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 does not allow recovery of the decedent's pain, suffering, or disfigurement. Only the decedent's economic losses before death and punitive damages the decedent could have recovered are allowed in these cases. Elder abuse claims under Welfare and Institutions Code § 15600 are unaffected by this change.
What should you do after a brain injury in Rancho Palos Verdes?
- Seek immediate medical attention. Even if you feel fine after a head impact, brain injuries can have delayed symptoms. A doctor can diagnose your condition and document your injuries.
- Follow all medical advice. Stick to your treatment plan, attend all appointments, and keep records of your medical care. This ensures you receive the best possible recovery and creates a clear record of your injuries and treatment.
- Document everything related to the incident. Write down how and when the injury occurred, gather contact information for witnesses, and take photos or videos of the scene and your injuries. Keep a journal of your symptoms and how they affect your daily life.
- Do not speak to insurance adjusters without legal advice. Insurance companies may try to minimize your claim or get you to say something that harms your case. You are not obligated to give them a recorded statement.
- Contact a personal injury attorney. An attorney can help protect your rights, investigate the incident, and handle communication with insurance companies. They can also ensure you meet critical deadlines, like the two-year period for personal injury claims under CCP § 335.1 or the six-month deadline for claims against public entities under Gov. Code § 911.2.
Where do you file a brain injury lawsuit for an incident in Rancho Palos Verdes?
In Los Angeles County, a personal injury case is generally filed in the judicial district where the incident occurred. For Rancho Palos Verdes, these cases are assigned to the Southwest District's Personal Injury Hub department at the Torrance Courthouse.
The Torrance Courthouse is located at 825 Maple Ave, Torrance, CA 90503. The filing rules are outlined in Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
However, court catchment boundaries can change. Always confirm the specific filing courthouse on the court's official locator before relying on this information for your own case. A claim against a city, county, or a transit agency in the Los Angeles County area triggers the six-month government claim deadline.
What happens when you work with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means you have experienced advocates on your side. We begin by listening to your story and understanding the full impact of your brain injury. Our firm focuses on personal injury and employment law, dedicating our practice to helping injured individuals recover what they are owed.
We investigate the incident, gather evidence, and handle all communications with insurance companies and opposing parties. We work to establish liability and calculate the full extent of your damages, including current and future medical expenses, lost wages, and other losses.
The firm handles the legal complexities while you focus on your recovery. This includes preparing and filing all necessary legal documents, such as the initial claim against a public entity within six months (Gov. Code § 911.2) or a lawsuit within the two-year period (CCP § 335.1).
We represent clients in Rancho Palos Verdes and across Los Angeles, including Pomona, Covina, Culver City, and El Segundo. Our goal is to pursue the full compensation available under California law for your injuries.
Frequently Asked Questions
What compensation can I seek for a brain injury?
California law allows recovery for economic damages, such as medical expenses, lost wages, and future loss of earning capacity. Non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life, are also recoverable. For certain incidents involving an uninsured owner of a vehicle or a driver convicted of DUI, California Civil Code § 3333.4 may bar non-economic damages, but it does not bar uninsured passengers from recovering. What a claim entails depends on the specific facts of the incident and the severity of the injury.
Do I need an attorney if the insurance company offers a settlement?
An attorney can help you evaluate any settlement offer to ensure it fully covers your losses. Insurance companies often make low initial offers that do not account for long-term medical care, future lost earnings, or non-economic damages. A lawyer understands the true value of your claim and can negotiate for fair compensation, protecting your rights against tactics designed to minimize payouts. They can also explain how deadlines, like the two-year statute of limitations under CCP § 335.1, affect your ability to negotiate.
What if my brain injury was caused by a public entity in Los Angeles County?
If your brain injury in Rancho Palos Verdes was caused by a public entity, such as a city, county, or a public transit agency, you must follow specific claim procedures. California Government Code § 911.2 requires you to present a written claim to the public entity within six months of the injury date. Failing to meet this strict deadline almost always prevents you from filing a lawsuit later. These types of cases can be particularly complex, as they involve unique rules and immunities that do not apply to private defendants.
How much does a brain injury attorney cost?
Casa Legal Los Angeles handles brain injury cases on a contingency fee basis. This means you do not pay any attorney's fees or case costs unless we win your case. Furthermore, if there is no recovery, you are not liable for any case costs either. This arrangement allows you to pursue your claim without upfront financial burden, ensuring access to justice regardless of your current financial situation.
If you or someone you care about has suffered a brain injury in Rancho Palos Verdes, understanding your rights and the legal process is important. Contact Casa Legal Los Angeles for a free case review. Call us today at 888-585-2529. No attorney's fees or case costs unless we win.