Orange County Brain Injury Attorney

Yes. The CDC says a brain scan is not needed to spot a mild TBI or concussion, though one may be used when bleeding on the brain is a risk, and a person may still have a concussion even if it doesn’t show up on testing. Keep following up with your provider and write down symptoms that continue. A free consultation can help you decide whether a claim makes sense.

That can happen. The CDC says some concussion symptoms appear right away, while others may not appear for hours or days. 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.

Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1, and that time generally does not run while the injured person is a minor (§ 352). But a claim against a public agency, such as a city, a school district, or a transit agency, generally must be presented in writing within six months under Government Code § 911.2, and the minors’ rule does not extend it.

Get the child evaluated first. If a public school district or a city program may be responsible, a written claim is generally due within six months, even for a child. California’s concussion laws require an athlete suspected of a head injury to sit out the rest of the day and return only with written clearance from a licensed health care provider. A child’s settlement generally needs court approval (Probate Code § 3500).

Yes, if the evidence connects the injury to the event and shows how it affected you. “Mild” describes the initial injury, not necessarily its effects. Claims often rest on medical and therapy records, neuropsychological testing when ordered, and accounts from family and coworkers who saw the changes. Damages cover the harm the injury caused, including harm certain to result in the future (Civil Code §§ 3333, 3283), and shared fault reduces the recovery but does not bar it.

A head injury can be a scalp wound or a skull fracture without lasting harm to the brain. A brain injury is harm to the brain itself, and it can happen without any visible head wound, for example when a crash jolts the head back and forth. The medical records, not the label, decide what a claim can include.

Yes. California follows pure comparative fault: your damages are reduced by your share of fault, not eliminated (CACI No. 405). In sports cases, participants generally accept a sport’s inherent risks, but a coach, league, or facility that increases those risks can still be responsible.

Then California’s medical malpractice rules generally apply instead of the ordinary injury rules. The deadline is the earlier of one year from discovery or three years from the injury (Code of Civil Procedure § 340.5), the provider must get 90 days’ written notice before a lawsuit (§ 364), and pain-and-suffering damages in an injury case are limited to $470,000 through December 31, 2026, and $510,000 in 2027, rising each January 1 after that (Civil Code § 3333.2). Medical bills, lost earnings, and future care are not capped.