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Should I talk to the insurance company after a brain injury in San Marino?
You should not speak with the insurance company for the at-fault party after a brain injury in San Marino without legal advice. The insurance adjuster's goal is to minimize their payout, and anything you say can be used against your claim. You have no legal obligation to give a recorded statement to the other side's insurer.
A severe injury, like a traumatic brain injury (TBI), changes everything in an instant. A blow to the head or violent shaking from a fall, car crash, or other incident can cause lasting damage. Dealing with medical bills, lost income, and the complex symptoms of a TBI is enough without the added stress of insurance adjusters.
What kinds of brain injury cases do you handle in San Marino?
Our firm handles all types of traumatic brain injury cases that stem from someone else's carelessness or wrongful actions in San Marino. This includes injuries from car accidents, motorcycle collisions, falls, and pedestrian incidents. If a fall on someone's property, a defective product, or another negligent act caused your head injury, we pursue accountability. We represent individuals who have suffered concussions, contusions, diffuse axonal injuries, and other serious brain trauma. Our focus is on helping injured people in San Marino recover the compensation they need to rebuild their lives.
What steps should I take after a brain injury?
If you or a loved one has suffered a brain injury, taking the right steps quickly can protect your health and your legal rights.
Get Immediate Medical Attention: Even if you feel fine at first, some brain injuries have delayed symptoms. See a doctor or go to the emergency room in San Marino as soon as possible after any head trauma. Follow all medical advice and keep records of all appointments and treatments.
Report the Incident: If your injury happened in a crash, call the police to file a report. If it was a fall on someone else's property, notify the property owner or manager in writing. A formal record helps establish the facts.
Collect Evidence: Take photos or videos of the accident scene, your injuries, and any property damage. Get contact information from witnesses. Do not throw away damaged clothing or personal items.
Avoid Discussing Your Case: Do not speak with insurance adjusters or post about the incident on social media. What you say can be misinterpreted and used against you later.
Consult a Personal Injury Attorney: A lawyer can help you understand your rights and the legal process. They can protect you from missteps and handle communications with insurance companies.
Where is a San Marino brain injury case filed?
A personal injury case for an incident occurring in San Marino is filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County rules, this type of case is generally filed in the judicial district where the incident occurred. Your case would be assigned to the Personal Injury Hub department at the Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101. This process follows LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases.
How long do I have to file a brain injury claim in California?
Most California personal injury claims, including those for brain injuries, must be filed within two years from the date of injury, as stated in California Code of Civil Procedure § 335.1. However, if your injury involves a city, county, or any other public agency, you must present a written claim to that public entity within six months of the injury (California Government Code § 911.2). This six-month deadline is strict, and missing it usually means you lose your right to sue.
The deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352. However, California Code of Civil Procedure § 352(b) removes that pause for claims against public entities under the Government Claims Act. What you can recover in a brain injury case includes your medical costs, lost earnings, and non-economic harm like pain and suffering. If the at-fault party was uninsured, California law prohibits you from recovering non-economic damages, but you can still pursue economic losses under Civil Code § 3333.4. For survival actions filed on or after January 1, 2026, California Code of Civil Procedure § 377.34 limits damages to losses the injured person sustained before death, excluding pain, suffering, or disfigurement.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have a dedicated team focused on your recovery and your rights. We handle the legal complexities so you can focus on healing after your brain injury. Our team begins by investigating your case thoroughly, gathering evidence, and consulting with medical experts to understand the full extent of your injury and its impact. We communicate with insurance companies on your behalf, protecting you from tactics meant to reduce your claim's value. From filing paperwork to negotiating settlements or going to trial, we represent your interests every step of the way. Our goal is to pursue the full compensation available under California law for your medical expenses, lost wages, and other damages. We keep you informed and involved, ensuring you understand your options and decisions throughout the process. Our practice is limited to personal injury and employment law, giving us deep experience in these areas.
Frequently Asked Questions
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is an injury that affects how the brain works, typically caused by a jolt, blow, or penetrating head injury. TBIs range from mild concussions to severe injuries that can result in long-term disability or death, impacting memory, cognitive function, mood, and physical abilities.
Can I still file a claim if I delayed seeking medical attention for my brain injury?
Delaying medical attention after a San Marino brain injury can complicate your claim because it creates a gap that the defense might use to argue your injury wasn't caused by the incident or wasn't serious. However, it does not automatically prevent you from filing a claim. You will need to explain the reasons for the delay, and medical records linking your symptoms to the incident are still crucial.
How does comparative negligence affect my brain injury claim in California?
California follows pure comparative negligence, meaning you can recover damages even if you were partly at fault for the incident that caused your brain injury. For example, if you are found 20% responsible for a car accident, your total compensation award would be reduced by 20%. This rule is explained in cases like *Li v. Yellow Cab Co.* and applies to your right to recover economic damages.
What if my brain injury was caused by a dangerous condition on public property in San Marino?
If your brain injury resulted from a dangerous condition on public property, you must first present a written claim to the responsible public entity within six months of the injury, as required by California Government Code § 911.2. Failing to meet this deadline can bar your claim. You must establish the property was dangerous, the condition caused your injury, and the public entity had notice of it or created it, as outlined in California Government Code § 835.
When a brain injury turns your life upside down, you deserve a team that fights for your future. Casa Legal Los Angeles offers dedicated representation for San Marino residents suffering from traumatic brain injuries. Call 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.
Serving San Marino
Our attorneys represent clients throughout San Marino and the greater Los Angeles area.
Where a San Marino claim is filed
A personal injury claim arising in San Marino is filed in Pasadena Courthouse, Northeast District of the Superior Court of California, County of Los Angeles.
In Los Angeles County a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
Catchment boundaries change. Confirm the filing courthouse on the court's official locator before relying on it.
Source: Superior Court of California, County of Los Angeles — Local Rules, Chapter 2 (verified August 23, 2026).
Deadlines that apply in San Marino
The California filing deadlines that apply to an incident in San Marino (Los Angeles County) come from state statute, not a local rule. These are the deadlines cited most often.
2 years — personal injury lawsuit
Cal. Code Civ. Proc. § 335.1 — two years from the date of injury for most personal injury and wrongful death claims.
6 months — claim against a public entity
Cal. Gov. Code § 911.2 — a written claim must be presented to the public entity within six months for claims involving death or injury to person or personal property, before a lawsuit may be filed.
Injured minors
Cal. Code Civ. Proc. § 352 — the limitations period is generally tolled while the injured person is a minor, but the six-month government claim deadline is not tolled the same way.
This is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines change with the facts and with who the defendant is — a claim against a city, county, transit agency, or the state triggers a much shorter deadline, and delayed discovery, tolling, and other exceptions apply. Casa Legal Los Angeles is licensed to practice in California. Confirm any deadline with an attorney.
Sources: California Code of Civil Procedure § 335.1; California Government Code § 911.2 (verified August 23, 2026).