What the claim involves
A brain injury can be real even when the first scan looks normal.
According to the CDC, some concussion and mild traumatic brain injury symptoms show up right away, while others may not appear for hours or days, and the person, their family, or even their provider can overlook the changes. A scan is not needed to spot a mild TBI or concussion, and a person may still have one even if the injury does not show up on tests. Medical care comes first: get evaluated, follow up, and report new or worsening symptoms.
An Irvine traumatic brain injury claim can take time to understand, because changes in memory, mood, school, or work may appear gradually, and settling early can leave future care out. Kyle Scott has practiced law since 1991 and has run his own firm since 2003. If you are looking for a brain injury attorney in Irvine, your first conversation is with him.
Crashes
A collision can injure the brain even when the head strikes nothing, because a hit to the body can make the head and brain move quickly back and forth. The firm requests the Irvine Police or CHP report and any video before it is overwritten.
Falls
Fall claims usually turn on who controlled the property and what they knew. A fall on a city sidewalk or in a city park can bring a six-month deadline for a written claim (Government Code § 911.2), and the firm identifies who controlled the spot in the first review.
Sports and school
A head injury at practice, in a game, or at school raises questions about supervision, equipment, and removal from play. School athletic programs and youth sports organizations, including local government agencies, must remove an athlete suspected of a concussion or head injury for the rest of the day, and the athlete may not return without written clearance from a licensed health care provider (Education Code § 49475; Health and Safety Code § 124235). A diagnosed concussion or head injury also requires a graduated return-to-play protocol of no less than seven days. Section 49475 does not cover the regular school day or required physical education. The city lists four public school districts that serve Irvine, and a claim against a public school district generally needs a written claim within six months, even for a child.
Deadlines and what a claim can include
Most injury lawsuits are due in two years (Code of Civil Procedure § 335.1), and that time generally does not run while the injured person is a minor or lacks the legal capacity to make decisions (§ 352(a)). The minors’ rule does not apply to a claim against a public entity, where a late-claim application is generally due within one year of the injury (Government Code § 911.4). Damages cover the harm the injury caused, including harm certain to result in the future (Civil Code §§ 3333, 3283), and a child’s settlement generally needs court approval (Probate Code § 3500). Unlimited civil cases are heard at the Central Justice Center, 700 Civic Center Drive West, Santa Ana.
Cases the firm reviews
Common brain injury matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common brain injury questions.
Common questions
Questions about brain injury claims.
Should I talk to an Irvine brain injury lawyer if my CT scan was normal?
It can still be worth a conversation. The CDC says a brain scan is not needed to spot a mild TBI or concussion, and that a person may still have one even if it does not show up on testing. A normal scan does not, by itself, rule out a concussion. Keep following up with your provider and write down symptoms that continue. A free consultation can help you decide whether a claim makes sense.
What if my symptoms started days after the crash or fall?
That can happen. The CDC says some concussion symptoms appear right away, while others may not appear for hours or days after the injury. Get evaluated as soon as you notice them, tell the provider when they started, and keep a dated list. Insurers often question gaps in treatment, so prompt evaluation and steady follow-up help both your health and your claim.
My child was hurt at an Irvine public school. How long do we have?
Usually six months. A claim against a public school district, such as Irvine Unified or Tustin Unified, generally must be presented in writing within six months under Government Code § 911.2. The rule that extends deadlines for minors, Code of Civil Procedure § 352, does not apply to these claims. If the six months pass, a late-claim application is possible, but generally no later than one year after the injury (§ 911.4).
What does California law require after a suspected concussion in youth sports?
School athletic programs (Education Code § 49475) and youth sports organizations, including city-run programs (Health and Safety Code § 124235), must remove an athlete suspected of a concussion or head injury for the rest of the day. The athlete cannot return until a licensed health care provider gives written clearance. A diagnosed concussion or head injury also requires a return-to-play protocol of at least seven days.
Is a head injury claim different from a brain injury claim?
A head injury can include a skull fracture, a scalp or facial wound, or an injury to the ear or eye, with or without harm to the brain. A traumatic brain injury, including a concussion, affects how the brain works. The same deadlines and damages rules apply to both. What changes is the medical proof, which for a brain injury often includes neurology and neuropsychological testing.
What can an Irvine brain injury claim include?
California law allows compensation for the harm an injury caused, including harm certain to result in the future (Civil Code §§ 3333, 3283). That can include medical care, therapy, and supervision; lost earnings and lost earning capacity; and pain, suffering, and emotional distress. Each item needs evidence. If you were partly at fault, your recovery is reduced, not eliminated (CACI No. 405). A child’s settlement generally needs court approval.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Code of Civil Procedure § 335.1
- California Code of Civil Procedure § 352 (minors and legal capacity)
- California Government Code § 911.2 (six-month presentation period)
- California Government Code § 911.4 (late-claim application)
- California Education Code § 49475 (concussions in school athletic programs)
- California Health and Safety Code § 124235 (concussions in youth sports organizations)
- California Civil Code § 3333 (measure of damages in tort)
- California Civil Code § 3283 (future damages)
- California Probate Code § 3500 (a minor’s settlement)
- California Judicial Council — CACI No. 405 (comparative fault), 2026 Civil Jury Instructions
- CDC — signs and symptoms of mild TBI and concussion
- CDC — about traumatic brain injury
- City of Irvine — schools and libraries
- Orange County Superior Court — court designation list
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