What the claim involves
A brain injury can be real even when the first scan looks normal.
The CDC explains that a mild TBI or concussion can come from a bump, blow, or jolt to the head, or from a hit to the body that makes the head and brain move quickly back and forth, and that some symptoms appear right away while others may not appear for hours or days. Medical care comes first. The CDC lists danger signs, such as a headache that gets worse and does not go away, repeated vomiting, or slurred speech, that call for 911 or an emergency department right away.
Changes in memory, mood, school, or work may appear gradually, so settling early can leave future care out. Kyle Scott has practiced law since 1991 and has run his own firm since 2003. If you need a traumatic brain injury attorney in Orange, your first conversation is with him.
Crashes on the freeways and city streets
A collision can injure the brain even when the head strikes nothing. The firm requests the Orange Police or CHP report and any video before it is overwritten.
Falls
Fall claims 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).
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, require written clearance from a licensed health care provider before return, and require a return-to-play protocol of no less than seven days after a diagnosed concussion or head injury (Education Code § 49475; Health and Safety Code § 124235). Section 49475 does not cover the regular school day or required physical education. The Orange Unified School District serves students in Orange, Villa Park, Anaheim, Garden Grove, Santa Ana, and unincorporated county areas, and as a public district it takes the six-month claim rule. Chapman University, in Old Towne, is private, so ordinary rules apply to its property. Hart Park has lighted baseball, softball, football, and soccer fields, and a claim involving a city program or city property goes to the City Clerk.
Deadlines and what a claim includes
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, so a child hurt at a public school gets no automatic extra time. A late-claim application is generally due within one year of the injury (Government Code § 911.4), and the agency must grant it if the injured person was a minor for the whole six months (§ 911.6). 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 in Santa Ana, not at the Lamoreaux Justice Center in Orange.
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 Orange 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, though one may be used when there is a risk of bleeding on the brain. 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 Orange public school. How long do we have?
Usually six months. A claim against a public school district, such as Orange 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 (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.
How can family members help prove a brain injury?
People with a brain injury may not notice their own changes. The CDC says a person may not recognize or admit having problems, and that problems may be overlooked by family members or even providers. Family, teachers, coaches, and coworkers can describe how memory, mood, sleep, or schoolwork changed. Notes with dates, written close to the time, are especially helpful.
Does the six-month claim rule apply if the injury involved a public hospital or a city program?
Generally, yes. California treats cities, school districts, and the Regents of the University of California as public entities (Government Code § 811.2), and a written claim is generally due within six months under § 911.2. That includes a city-run sports program or a city park. Claims against private businesses, private schools such as Chapman University, and private leagues generally do not need that step.
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 § 811.2 (public entities)
- California Government Code § 911.2 (six-month presentation period)
- California Government Code § 911.4 (late-claim application)
- California Government Code § 911.6 (grounds for granting a late claim)
- 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)
- CDC — signs and symptoms of mild TBI and concussion
- CDC — about traumatic brain injury
- Orange Unified School District — about us
- City of Orange — Old Towne Orange
- City of Orange — Hart Park
- City of Orange — City Clerk, claims and legal matters
- Orange County Superior Court — court designation list
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