What happens if the insurer calls you first after a Simi Valley brain injury?
If the at-fault party's insurance company calls you after a traumatic brain injury in Simi Valley, do not give a recorded statement. Insurers often try to minimize what they pay, and any statement you provide could be used against your claim later. Your priority should be medical care and recovery, not negotiating with an insurance adjuster.
A brain injury changes everything. It affects your family, your work, and your future. Protecting your rights after a brain injury starts with understanding what the at-fault party's insurer is trying to do and why it is not in your interest to talk with them directly.
What kind of brain injury claims do we handle for Simi Valley residents?
We represent people in Simi Valley who have suffered traumatic brain injuries (TBI) from various incidents. These injuries can result from car crashes, truck accidents, motorcycle collisions, falls, or other violent impacts.
A TBI is any injury that damages the brain's normal function. Symptoms range from mild headaches and memory issues to severe cognitive impairments, personality changes, and physical disabilities. We help those dealing with concussions, contusions, diffuse axonal injuries, and penetrating brain injuries. Our focus is on making sure you have the support you need for your long-term medical care and recovery. We represent clients throughout Ventura County and beyond, including those in nearby cities like Santa Clarita.
Where do you file a brain injury claim in Simi Valley?
A personal injury claim arising from an incident in Simi Valley is generally filed in the Superior Court of California, County of Ventura. Specifically, claims are heard at the Hall of Justice, located at 800 S Victoria Ave, Ventura, CA 93009. This community is in Ventura County, not Los Angeles County, so the filing process differs from what you might find in a Los Angeles court.
Because Simi Valley is in Ventura County, any public entity claims, such as those against the City of Simi Valley or Ventura County, also follow Ventura County procedures. Confirming the correct court is a step we handle for you.
How long do you have to file a brain injury lawsuit?
Most California personal injury claims, including those involving a brain injury, must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). However, if your injury involves a public entity, like a city or county agency, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2). Missing these deadlines means losing your right to pursue compensation.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, that pause does not apply to claims against public entities. California law allows recovery for medical costs, lost earnings, and non-economic harm, which includes pain and suffering caused by the injury.
What should you do after suffering a traumatic brain injury?
- Seek immediate medical attention: Even if you feel fine, some brain injury symptoms do not appear right away. A medical diagnosis creates an official record of your injury.
- Follow all medical advice: Go to all follow-up appointments and complete any recommended therapies. This is crucial for your recovery and helps document your injuries.
- Document everything: Keep detailed records of your symptoms, medical treatments, expenses, and how the injury affects your daily life. This includes photos, doctor's notes, and receipts.
- Do not speak to insurance adjusters: Direct all communication from the other party's insurance company to your attorney.
- Contact an attorney: A personal injury attorney can protect your rights, investigate the incident, and handle all legal aspects of your claim. We help people injured in Simi Valley and across California, like those in San Gabriel.
What does working with Casa Legal Los Angeles involve?
Working with us means you have a dedicated legal team handling every aspect of your brain injury claim. We begin by thoroughly investigating the incident to determine fault and gather evidence. This often includes accident reports, medical records, expert witness testimony, and any available video footage. We understand the complexities of brain injuries and work with medical professionals to fully understand the impact on your life.
We negotiate with insurance companies on your behalf, aiming to secure the full compensation available under California law. Our goal is to recover damages for your past and future medical expenses, lost wages, diminished earning capacity, pain, suffering, and other non-economic losses. If a fair settlement cannot be reached, we are prepared to take your case to court. We offer a "no attorney's fees or case costs unless we win" policy, so you pay nothing upfront.
Frequently Asked Questions
What are the common causes of traumatic brain injuries?
Traumatic brain injuries often result from sudden impacts to the head or violent movements that cause the brain to collide with the inside of the skull. Common incidents include motor vehicle accidents (car, truck, motorcycle crashes), falls, sports injuries, and assaults. In Simi Valley, like many communities, vehicle collisions are a frequent cause.
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 medical condition. California law holds at-fault parties responsible for aggravating existing injuries or conditions. The key is to demonstrate that the incident made your condition worse or caused new symptoms. We work to establish how the new injury specifically impacted your health, despite any prior issues.
What types of compensation can I seek for a brain injury?
You can seek various types of compensation for a brain injury, including economic and non-economic damages. Economic damages cover tangible financial losses such as past and future medical bills, rehabilitation costs, lost wages, and loss of future earning capacity. Non-economic damages cover intangible losses like pain, suffering, emotional distress, loss of enjoyment of life, and disfigurement. The specific facts of your case determine the compensation available.
How does California's comparative negligence rule affect brain injury claims?
California follows a pure comparative negligence rule (Civil Code § 1431.2(a)), which means you can still 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 for a car accident, your recoverable damages would be reduced by 20%. We also assist clients in other cities like Pomona with comparative negligence issues.
A traumatic brain injury can change your life in an instant, but you do not have to face the legal process alone. If you or a loved one in Simi Valley has suffered a brain injury, contact us for a consultation. Call 888-585-2529 today. No attorney's fees or case costs unless we win.