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How long do I have to file a brain injury claim in Westminster?
Most traumatic brain injury claims in Westminster must be filed within two years of the injury (Cal. Code Civ. Proc. § 335.1). This deadline applies to personal injury claims against private individuals or companies. However, if your injury involves a city, county, or other public agency in Orange County, you generally have only six months to present a formal claim (Cal. Gov. Code § 911.2).
Missing these deadlines can mean losing your right to seek compensation. The specific circumstances of your case decide which deadline applies to you.
What kinds of traumatic brain injuries do you handle in Westminster?
We assist individuals in Westminster who have suffered various types of traumatic brain injuries due to someone else's carelessness or intentional act. A brain injury can result from many incidents, such as a serious car crash on Beach Boulevard, a fall, or workplace accidents. These injuries might include concussions, contusions, diffuse axonal injuries, or penetrating head injuries.
The damage to your brain can affect everything from your memory and cognitive function to your balance and personality. We represent people whose brain injuries stem from car accidents, truck accidents, motorcycle crashes, and other serious events. We also represent families in Westminster dealing with the tragedy of a wrongful death.
What should I do after a brain injury in Westminster?
After a brain injury, take these concrete steps to protect your health and your legal rights:
**Seek Medical Attention Immediately:** Your health is the priority. Even if you feel okay at first, a brain injury's effects can appear hours or days later. Get a thorough medical evaluation in Westminster or at a hospital in Santa Ana.
**Report the Incident:** If your injury happened in a crash, report it to the Westminster Police Department or the California Highway Patrol. If it occurred at a business, ensure the owner or manager creates an incident report.
**Document Everything:** Keep all medical records, bills, and receipts related to your injury. Photograph the scene of the incident, your visible injuries, and any property damage.
**Avoid Discussing Your Case:** Do not give recorded statements to insurance adjusters or discuss the incident with anyone other than your doctors and attorney. Anything you say could be used against your claim.
**Contact a Brain Injury Attorney:** A lawyer can help you understand your rights and the steps needed to pursue a claim in Orange County.
Where does a brain injury claim from Westminster get filed?
A personal injury claim arising from an incident in Westminster is generally filed in the Superior Court of California, County of Orange. The main courthouse for civil cases in Orange County is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This court handles cases for residents throughout Orange County, not Los Angeles County.
If your claim involves a public entity, like the City of Westminster or Orange County, you must first present a written claim to that specific entity. This initial claim is a required step before you can file a lawsuit against them in the Superior Court of California, County of Orange.
How long do you have to file a brain injury lawsuit?
Most personal injury lawsuits, including those for traumatic brain injuries, must be filed within two years of the injury date, as stated in Cal. Code Civ. Proc. § 335.1. This two-year deadline applies to claims against private individuals or businesses. If a public entity, such as the City of Westminster, Orange County, or a local school district, caused your injury, you typically have much less time to act. You must present a formal claim to the public entity within six months of the injury (Cal. Gov. Code § 911.2).
A minor's injury claim follows a different rule: the deadline is generally paused while the injured person is under 18 years old (Cal. Code Civ. Proc. § 352). However, this pause does not apply to the six-month deadline for claims against public entities (Cal. Code Civ. Proc. § 352(b)). California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering. For actions filed on or after January 1, 2026, California law does not allow recovery for a decedent's pre-death pain, suffering, or disfigurement in survival actions (Cal. Code Civ. Proc. § 377.34).
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle the legal complexities of your brain injury claim so you can focus on recovery. We investigate the incident, gather evidence, and identify all responsible parties in Westminster. This includes obtaining police reports, medical records, and witness statements. We also work with experts to understand the full impact of your brain injury on your life, both now and in the future.
We deal with insurance companies on your behalf, protecting you from adjusters who may try to undervalue your claim. Our goal is to pursue the full compensation available under California law for your medical treatment, lost wages, and other damages. We keep you informed about your case's progress and explain your options at each stage. Our practice is limited to personal injury and employment law, which helps us stay focused on these specific areas of the law. We also represent individuals who have suffered traumatic brain injuries in nearby areas, such as San Gabriel and Pomona.
Frequently Asked Questions
What should I do if the injury happened on public property in Westminster?
If your brain injury occurred on public property in Westminster, such as a city park or street, you must act quickly. California law requires you to present a formal written claim to the responsible government entity within six months of the injury (Cal. Gov. Code § 911.2). Missing this deadline can prevent you from filing a lawsuit later, even if the public entity was clearly at fault.
Can I still file a claim if I was partially at fault for the accident in Orange County?
Yes, California uses a pure comparative negligence system. This means that even if you were partly responsible for the accident that caused your brain injury in Orange County, you can still recover damages. Your total compensation would be reduced by your percentage of fault. For example, if you were found 20% at fault, your damages would be reduced by 20%.
How long does a brain injury claim typically take?
The timeline for a brain injury claim in Westminster varies greatly depending on the severity of the injury, the complexity of the case, and whether a settlement can be reached or if the case goes to trial. Simpler cases may resolve in several months, while complex brain injury claims involving extensive medical treatment and disputes over liability can take years. Factors like ongoing medical treatment and negotiations with insurance companies influence how long the process lasts.
What if the person who caused my injury is uninsured?
If the person responsible for your brain injury in Westminster is uninsured, your ability to recover compensation may depend on your own insurance policy. Your uninsured/underinsured motorist (UM/UIM) coverage could provide compensation for your damages. This is why having adequate UM/UIM coverage is important. Even if the at-fault driver is uninsured, you may still have options, and an attorney can review your policy and the facts to explore all potential recovery sources.
If you have suffered a traumatic brain injury in Westminster, you need legal help quickly. Call us today at 888-585-2529. No attorney's fees unless we win — and no case costs either.
Serving Westminster
Our attorneys represent clients throughout Westminster and the greater Los Angeles area.
Where a Westminster claim is filed
A personal injury claim arising in Westminster is filed in Central Justice Center of the Superior Court of California, County of Orange.
This community is in Orange County, not Los Angeles County. A personal injury claim arising here is filed in the Superior Court of California, County of Orange rather than with the Los Angeles Superior Court.
Confirm the correct justice center for the specific incident location.
Source: Superior Court of California, County of Orange (verified August 23, 2026).
Deadlines that apply in Westminster
The California filing deadlines that apply to an incident in Westminster (Orange 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).