What if the driver who caused your brain injury in Sierra Madre had no insurance?
If the driver at fault for your traumatic brain injury had no insurance or not enough insurance, your own uninsured or underinsured motorist (UM/UIM) coverage may step in to pay for your damages. This coverage is part of your own car insurance policy and protects you when the at-fault driver's insurance is insufficient or nonexistent.
California law requires all drivers to carry specific liability insurance minimums: $15,000 for injury or death to one person, $30,000 for injury or death to two or more people, and $5,000 for property damage (Veh. Code § 16056). However, from January 1, 2025, these minimums increase to $30,000 for one person, $60,000 for two or more, and $15,000 for property damage. If the other driver's policy is below what you need, your UM/UIM coverage can be critical for recovering your losses.
Where is a brain injury lawsuit filed in Los Angeles County?
A personal injury lawsuit stemming from a brain injury in Sierra Madre is generally 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), your case would be assigned to the Northeast District.
The Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101, is the facility for the Northeast District. This means your legal proceedings will likely take place in Pasadena. Claims against public entities, such as the City of Sierra Madre or Los Angeles County, follow specific rules before a lawsuit can be filed.
How long do you have to file a brain injury claim in California?
Most personal injury claims, including those for traumatic brain injuries, must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your injury was caused by a city, county, or other public agency, you must first present a written claim to that public entity within six months of the incident (Cal. Gov. Code § 911.2).
This six-month deadline is strict. If the public entity rejects your claim, you then have six months from the date of their rejection notice to file a lawsuit (Cal. Gov. Code § 945.6(a)(1)). 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.
California law allows for recovery of economic damages, such as medical expenses, lost wages, and future medical care, as well as non-economic damages like pain, suffering, and loss of enjoyment of life. The specific facts of your case determine the compensation available.
What steps should you take after suffering a brain injury?
- Seek immediate medical attention. Even if you feel fine, a brain injury can have delayed symptoms. A medical diagnosis creates a record of your injury.
- Report the incident. If it was a car accident, call the police. If it happened on someone's property, report it to the owner or manager.
- Gather evidence. Take photos of the scene, your injuries, and any vehicles involved. Collect contact information for witnesses.
- Keep a detailed record. Document your symptoms, medical treatments, medications, and how the injury affects your daily life. This helps demonstrate the impact of your traumatic brain injury.
- Consult with an attorney. A lawyer can explain your rights and help you understand how to pursue a claim for your injuries in Sierra Madre.
What kinds of cases involve traumatic brain injuries?
Traumatic brain injuries can arise from many different types of incidents, often involving a sudden jolt or blow to the head. Many occur in motor vehicle accidents, such as car crashes, truck accidents, or motorcycle accidents. The impact of a collision can cause the brain to strike the inside of the skull, leading to injury.
Falls are another common cause, especially for children and the elderly. A slip and fall on someone's property can lead to a severe head injury. Incidents involving sports, assaults, or even defective products can also result in traumatic brain injuries. For example, a severe dog bite could lead to a fall and head trauma. If someone else's carelessness led to your injury, you may have a claim for compensation.
What happens when you work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, we focus on understanding the specifics of your traumatic brain injury and how it impacts your life. We gather evidence, interview witnesses, and work with medical experts to document the full extent of your injuries and their long-term effects. This thorough approach helps build a strong foundation for your claim.
We handle all communication with insurance companies, protecting you from tactics designed to minimize your claim. Our goal is to pursue the full compensation available under California law for your medical bills, lost income, pain, and suffering. You can expect clear communication and dedicated advocacy throughout your legal process.
If you have suffered a traumatic brain injury in Sierra Madre or surrounding areas like Pomona or Covina, contact us at 888-585-2529 for a free consultation.
Frequently Asked Questions
What is the difference between a concussion and a TBI?
A concussion is a mild form of traumatic brain injury (TBI) that results from a sudden impact to the head or body causing the brain to move rapidly within the skull. While many concussions resolve with time, they are still considered a TBI and require careful medical evaluation, as even "mild" brain injuries can have significant long-term effects.
Can I still file a claim if I had a pre-existing condition?
Yes, you can still file a claim even if you had a pre-existing condition before your brain injury. California law states that an at-fault party is responsible for any aggravation of a pre-existing condition caused by their negligence. You must show that the recent incident worsened your condition or caused a new injury.
How does California's comparative negligence rule affect my brain injury case?
California follows a "pure comparative negligence" rule (as established in Li v. Yellow Cab Co.), which means you can recover damages even if you were partly at fault for the incident that caused your brain injury. Your total compensation would be reduced by your percentage of fault. For example, if you were found 20% responsible, your damages would be reduced by 20%.
Are traumatic brain injury cases tried in federal court?
No, traumatic brain injury cases arising from incidents in Sierra Madre are almost always handled in California state courts. Cases are filed in the Superior Court of California, County of Los Angeles, specifically in the Pasadena Courthouse for the Northeast District, because personal injury law is primarily governed by state statutes and common law.
A traumatic brain injury can change your life forever. You need dedicated legal representation to ensure your rights are protected. Contact Casa Legal Los Angeles today at 888-585-2529 to discuss your options. No attorney's fees or case costs unless we win.