Traumatic Brain Injury (TBI)

Yes. It is a common medical myth that you must “black out” to have a TBI. You can sustain a traumatic brain injury simply from the rapid acceleration/deceleration of your head (whiplash effect), which causes the brain to strike the inside of the skull.

In California, the Statute of Limitations is generally two years (CCP § 335.1). However, because TBI symptoms—like personality changes or cognitive decline—sometimes emerge months after an accident, the Delayed Discovery Rule may extend your time to file from the date you realized the injury was linked to the accident.

Most basic health insurance plans offer limited coverage for cognitive therapy. In a personal injury lawsuit, we fight to recover the costs for private, high-intensity rehabilitation that focuses on returning you to work and independent living.

Diffuse Axonal Injury (DAI), or “axonal shearing,” occurs when the brain’s long connecting nerve fibers (axons) are torn during a rapid rotation or shaking of the head.

• The Legal Challenge: These tears are microscopic and usually cannot be seen on a standard CT scan.
• The Solution: We utilize DTI (Diffusion Tensor Imaging). This advanced technology maps the flow of water molecules in the brain’s white matter to prove that physical, microscopic damage exists, even when the patient “looks fine” on the outside.

Modern medical research confirms a significant link between moderate-to-severe TBI and an increased risk of neurodegenerative diseases later in life. We hire medical experts and life-care planners to calculate the “future risk” of these conditions. We argue that the settlement must include a “safety net” to cover the cost of potential memory care or assisted living decades into the future.

The frontal lobe controls “Executive Function”—your ability to plan, focus, and regulate emotions. When this area is damaged, a victim may experience:

• Impulsivity: Spending money recklessly or losing social filters.
• Personality Changes: A once-calm person becoming aggressive or volatile.
• Loss of Initiative: A “lack of drive” that prevents them from returning to work.
• The Legal Strategy: We use “Before & After” witnesses (employers, spouses, friends) to testify about these specific changes, which are often the most heartbreaking and compensable parts of a TBI claim.

This occurs when a person sustains a second brain injury before the symptoms of the first have fully resolved.

• The Danger: Even a minor “fender bender” can be fatal or lead to permanent disability if it happens shortly after an initial concussion.
• The Legal Implication: If you were already recovering from a previous injury and a negligent driver hit you, they are liable for the total catastrophic result of that impact under California’s “Eggshell Plaintiff” rule.

Yes. Many TBI victims return to work but find they can no longer handle the same stress, hours, or complexity.

• Vocational Experts: We use experts to prove that while you are currently employed, your career ceiling has been lowered, or your “work-life expectancy” has been shortened. You are entitled to the difference in what you would have earned over your lifetime versus what you can now earn.

A brain injury doesn’t just change your health—it changes your identity. We are here to ensure you have the financial resources to navigate this new chapter with dignity.