Is a driver always at fault when a crash causes a brain injury in Santa Monica?
No, a driver is not always entirely at fault when a crash causes a brain injury in Santa Monica. California uses a pure comparative negligence rule, which means fault for an accident can be shared among multiple parties, including the injured person. This rule comes from the California Supreme Court case Li v. Yellow Cab Co. (1975).
Even if you share some blame for the crash, you can still recover compensation, but your total recovery will be reduced by your percentage of fault. For example, if you were found 20% at fault for a collision, your damages would be reduced by 20%. California law requires everyone to use ordinary care in managing their property and person, as stated in Civil Code § 1714(a).
What kinds of brain injuries might a Santa Monica attorney handle?
A Santa Monica attorney handles cases involving various types of traumatic brain injuries (TBIs) that result from sudden blows, jolts, or penetrating head injuries. These can range from mild concussions to severe, life-altering conditions. Common types include concussions, diffuse axonal injuries, hematomas, and contusions. Learn more about brain injury claims at our Traumatic Brain Injury Attorney hub.
These injuries often occur in motor vehicle crashes, pedestrian accidents, slips and falls, and other incidents involving significant impact to the head. Even seemingly minor head trauma can lead to serious, long-term cognitive, physical, and emotional challenges, affecting everything from memory and speech to balance and personality. We also assist families with wrongful death claims when a TBI proves fatal.
How long do you have to file a brain injury claim in Santa Monica?
You generally have two years to file a brain injury claim in California, according to California Code of Civil Procedure § 335.1. This two-year period typically starts from the date of your injury. However, if your claim is against a city, county, or other public agency in Santa Monica, you must present a written claim to that entity within six months of the injury (Government Code § 911.2).
The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act. For this reason, confirming deadlines with an attorney for your specific situation is crucial. The compensation you can pursue under California law includes medical costs, lost earnings, and non-economic harm such as pain and suffering. If your family member suffered a TBI in a car accident, you can read more at our Santa Monica Car Accident Injury Attorneys page.
What should you do after sustaining a brain injury in a Santa Monica accident?
- Seek immediate medical attention. Even if you feel fine, some brain injuries are not immediately apparent. A medical professional can diagnose injuries and document them.
- Report the incident. If it was a traffic accident, ensure law enforcement is called to the scene. For other incidents, report it to the property owner or manager.
- Gather information at the scene. Collect contact information from witnesses, take photos of the scene, vehicles, and any visible injuries.
- Preserve evidence. Do not dispose of damaged property, clothing, or other items involved in the incident. Keep all medical records and bills.
- Consult with an attorney. An attorney can explain your rights, investigate the accident, and help you understand how to pursue compensation. This is especially true for brain injuries, which are often complex.
Where does a brain injury claim from Santa Monica get filed?
A brain injury claim originating from an incident in Santa Monica generally gets filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), 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. For Santa Monica, this means cases are typically heard at the Santa Monica Courthouse, located at 1725 Main St, Santa Monica, CA 90401.
This ensures that claims are handled efficiently within the appropriate geographical area. Filing your case correctly is a critical first step in the legal process. You can find more information about how personal injury cases work on our Santa Monica Personal Injury Attorney page.
What is it like to work with Casa Legal Los Angeles on a TBI claim?
Working with Casa Legal Los Angeles means having a dedicated legal team focused on your recovery and rights. We begin with a thorough evaluation of your case, gathering evidence, and consulting with medical experts to understand the full scope of your brain injury. We handle all communications and negotiations with insurance companies, working to ensure your voice is heard and your interests are protected. Our practice is limited to personal injury and employment law, which helps us focus our experience. We also represent clients in neighboring cities like Culver City and El Segundo.
We keep you informed at every stage, explaining the legal process in plain language and answering your questions. Our goal is to recover the full compensation available under California law for your medical expenses, lost wages, pain, and suffering. We pursue the best possible outcome while you focus on healing.
Frequently Asked Questions
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is a head injury that disrupts the normal function of the brain. It can result from a sudden, forceful bump, blow, or jolt to the head, or a penetrating head injury. TBIs range from mild concussions to severe, life-threatening injuries, and their effects can be temporary or permanent.
Can I still file a claim if I didn't lose consciousness after my head injury?
Yes, you can still file a claim even if you did not lose consciousness after your head injury. Many significant brain injuries, including concussions, do not involve a loss of consciousness. The severity of a TBI is not solely determined by whether or not you blacked out, but by the symptoms, diagnostic imaging, and long-term effects on your cognitive and physical abilities.
How does California's comparative negligence rule affect my TBI claim?
California's pure comparative negligence rule, established by the California Supreme Court in the case of Li v. Yellow Cab Co. (1975), means that your financial recovery can be reduced by your percentage of fault in the accident. For example, if the court determines you were 10% responsible for the incident that caused your TBI, your total damages would be reduced by 10%. You can still recover compensation even if you are found mostly at fault.
Is the six-month deadline for public entity claims firm for minors in Santa Monica?
The six-month deadline to file a claim against a public entity, like the City of Santa Monica or Los Angeles County, is generally firm for minors. While California Code of Civil Procedure § 352 typically pauses the statute of limitations for minors, § 352(b) specifically removes that pause for claims against public entities under the Government Claims Act. This means a minor injured by a public entity must still meet the six-month claim presentation deadline (Government Code § 911.2).
If you or a loved one has suffered a brain injury in Santa Monica, 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.