What the claim involves
A brain injury can be real even when the first scan looks normal.
The CDC explains that a 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 rapidly back and forth. Some symptoms show up right away, while others may not appear for hours or days, and the injured person may not notice the changes. Medical care comes first: get evaluated, follow up, and report new or worsening symptoms. 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.
A Tustin 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. If you are looking for a brain injury attorney in Tustin, your first conversation is with him.
Crashes
A collision can injure the brain even when the head strikes nothing. The firm requests the Tustin 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).
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 return-to-play protocol of at least seven days, and § 49475 does not cover the regular school day or required physical education. The City of Tustin says Tustin Unified serves the city, areas of Irvine, and unincorporated county land, and that Irvine Unified and Santa Ana Unified serve some Tustin residents. All are public districts, so the six-month claim rule generally applies. The city rents fields at Tustin Sports Park, Veterans Sports Park at Tustin Legacy, and Columbus Tustin Park, and a claim involving a city program or city property may be due within six months.
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. A late-claim application is generally due within one year of the injury, and time as a minor counts toward that year (Government Code § 911.4). The agency must grant a timely application if the injured person was a minor for the whole six months, and similar relief may apply for incapacity (§ 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, 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 a Tustin 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 a Tustin public school. How long do we have?
Usually six months. A claim against a public school district, such as 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 (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. Different rules apply during the regular school day.
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.
What can a Tustin 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 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)
- 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 Tustin — Tustin Unified School District
- City of Tustin — schools
- City of Tustin — reservable field locations
- Orange County Superior Court — court designation list
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