Can I still file a brain injury claim in West Covina if I didn't get immediate medical help?
Yes, you can still file a brain injury claim even if you did not seek medical care immediately after an accident. While prompt medical attention strengthens a claim, California law still allows recovery for injuries discovered later.
Your ability to recover compensation depends on establishing a clear connection between the accident and your brain injury, and that can involve medical records from days or weeks after the incident.
Where do you file a personal injury lawsuit for a West Covina accident?
A personal injury lawsuit for an accident that happens in West Covina is filed in the Superior Court of California, County of Los Angeles. Under local court rules, these cases are assigned to the judicial district where the incident occurred.
For West Covina, personal injury cases are handled in the East District's Personal Injury Hub department. This means your case will generally be heard at the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. Local Rule 2.3 of the Los Angeles Superior Court and a General Order effective May 17, 2024, set out these filing requirements.
How long do you have to file a brain injury lawsuit in California?
You typically have two years to file a personal injury lawsuit for a brain injury in California, counting from the date of the injury (Cal. Code Civ. Proc. § 335.1). This deadline applies to most personal injury and wrongful death claims.
However, if your brain injury claim is against a city, county, or any other public agency, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2). If you do not present this claim on time, you generally lose your right to sue the public entity later.
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.
What should you do after a brain injury accident?
- Get Medical Attention: See a doctor right away, even if you feel fine. Symptoms of a traumatic brain injury can take time to appear, and medical records create a timeline of your injury and treatment.
- Report the Incident: For car accidents, call the police. For incidents on private property, notify the owner or manager in writing. Ensure an official record is created.
- Document Everything: Take pictures and videos of the accident scene, your injuries, vehicle damage, and anything else relevant. Gather contact information from witnesses.
- Keep Records: Save all medical bills, prescription receipts, lost wage statements, and communication with insurance companies. These documents help establish your losses.
- Avoid Discussing Fault: Do not admit fault or give recorded statements to insurance adjusters without first speaking with a lawyer.
- Talk to a Lawyer: Consult with an attorney experienced in personal injury law and brain injury cases. They can explain your rights and protect your claim.
What types of cases cause traumatic brain injuries in West Covina?
Traumatic brain injuries (TBIs) can result from many types of accidents in West Covina, often due to sudden impact or violent motion to the head or body. Common causes include:
- Car Accidents: Even minor collisions can cause whiplash and concussions, which are forms of TBI. High-speed crashes, like those our West Covina car accident lawyers handle, frequently lead to severe brain injuries.
- Motorcycle Accidents: Motorcyclists have little protection, making them vulnerable to direct head trauma in a crash.
- Truck Accidents: The sheer size and force of commercial trucks create devastating impacts, often resulting in severe brain injuries for occupants of smaller vehicles.
- Slip and Fall Accidents: Falls, especially from heights or onto hard surfaces, can cause concussions and more serious brain injuries.
- Pedestrian Accidents: When a vehicle strikes a pedestrian, the head often hits the ground or the vehicle itself, leading to significant brain trauma. Our West Covina pedestrian accident lawyers assist those injured in such incidents.
- Bicycle Accidents: Cyclists are exposed and can suffer severe head injuries even with helmet use when struck by a vehicle or falling.
- Sports Injuries: Contact sports or recreational activities can involve blows to the head that cause concussions or repeated subconcussive impacts.
- Workplace Accidents: Falls, falling objects, or machinery accidents can lead to brain injuries on the job.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an advocate who understands the complexities of brain injury claims. We focus on recovering the full compensation available under California law for your medical costs, lost income, and the pain and suffering that comes with a TBI.
Our work includes investigating your accident, gathering evidence, identifying responsible parties, and negotiating with insurance companies. We prepare your case for trial if a fair settlement cannot be reached. Our attorneys work on a contingency fee basis. This means we charge no attorney's fees unless we win — and no case costs either.
We serve clients across Los Angeles County, including those in Pomona, San Gabriel, and Santa Monica, helping them pursue their claims.
Frequently Asked Questions
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is a complex injury to the brain caused by a sudden external force. This force can be a bump, blow, or jolt to the head, or a penetrating head injury that disrupts normal brain function. Symptoms can range from mild (concussion) to severe, affecting thinking, sensation, language, or emotions.
What compensation can I recover for a brain injury claim in West Covina?
The compensation available for a brain injury claim depends on your specific facts. California law allows recovery for economic damages like medical expenses (past and future), lost wages (past and future), and property damage, which our West Covina property damage attorneys also handle. You may also recover non-economic damages for pain, suffering, loss of enjoyment of life, and emotional distress caused by the injury.
How does the West Covina court system handle brain injury cases?
In Los Angeles County, brain injury cases that occur in West Covina are filed in the Superior Court of California, County of Los Angeles, East District. These cases are generally assigned to the Personal Injury Hub department at the Pomona Courthouse South. The court system manages these cases through discovery, mediation, and potentially trial, following state and local rules of civil procedure.
Does the six-month deadline for public entities apply to all accidents?
The six-month deadline for filing a claim with a public entity (Cal. Gov. Code § 911.2) applies only when the at-fault party is a government entity, such as the City of West Covina, Los Angeles County, or a public transit agency. If the at-fault party is a private individual or company, the standard two-year deadline for personal injury claims applies (Cal. Code Civ. Proc. § 335.1).
If you or a loved one has suffered a brain injury in West Covina, call us today at 888-585-2529 for a free consultation. There's no fee unless we win — and no case costs either.