Summary
Brain injury lawsuits in California can take months or longer, depending on the severity of the injury and legal delays. If you’re dealing with a traumatic brain injury from a California car accident, speak with a top-rated brain injury lawyer in San Pedro to protect your rights and secure fair compensation.
A severe head injury can change your life in an instant. Whether caused by a car crash, fall, or another accident, victims often face a long road to recovery—and an even longer legal process.
If you or a loved one suffered a brain injury due to someone else’s negligence, you may be eligible to file brain injury lawsuits in California. Understanding the legal timeline is essential to protecting your rights and preparing for what lies ahead.
Let’s walk through each process phase and explain how it works in real-life situations.
Understanding the Timeline of Brain Injury Lawsuits in California
Most brain injury lawsuits in California follow a similar path, although the exact timing may vary based on the severity of the injury, the strength of evidence, and the responsiveness of insurance companies.
Here’s a breakdown of the general process:
Stage | Timeline | What Happens |
Day 1 – Month 3 | Investigation | Injury diagnosis, medical reports, accident documentation, and demand letter |
Month 4 – Month 9 | Treatment Phase | Continued care, valuation of damages, and settlement negotiations |
Month 10 and beyond | Litigation Phase | Filing the lawsuit, discovery, depositions, and potential trial |
Every case is different. Some settle quickly, while others—especially those involving long-term care needs—may take over a year to resolve. Your attorney will adjust the strategy based on your condition, medical prognosis, and damages.
Why Brain Injury Cases Often Take Longer
Unlike broken bones or visible wounds, brain injuries can take time to diagnose fully. This is especially true for mild to moderate traumatic brain injuries (TBIs), which often show delayed symptoms.
Common causes of these injuries include:
- California car accidents
- Workplace incidents
- Falls in unsafe public areas
- Acts of violence or assault
Insurance companies are often skeptical of brain injury claims and may try to minimize the damages. Working with a top-rated brain injury lawyer in San Pedro is crucial. They can gather expert medical opinions, track your recovery, and push back when insurers delay or deny legitimate claims.
Key Legal Considerations
Under California Code of Civil Procedure § 335.1, you generally have two years from the date of injury to file a lawsuit. This is called the statute of limitations, and missing the deadline can prevent you from seeking compensation entirely.
Here’s what your claim may cover:
- Medical bills and ongoing treatment
- Lost wages and future earning potential
- Pain and suffering
- Emotional distress
- In-home care or rehabilitation
- Punitive damages (in extreme cases)
5 Actionable Steps for Brain Injury Victims
If you or a loved one suffered a head injury, here are a few steps you should take right away:
- Seek medical attention immediately, even if symptoms seem minor
- Document everything – photos, police reports, and witness contact info
- Keep a medical journal – track symptoms, doctor visits, and progress
- Avoid speaking with insurance companies alone
- Contact a brain injury lawyer before accepting any settlement offer
For trusted help near you, consult our expert San Pedro legal team today.
Why Work With a Brain Injury Lawyer?
Navigating brain injury lawsuits in California is not easy. These cases are medically complex, legally challenging, and emotionally exhausting. A brain injury lawyer will handle the legal legwork while you focus on healing.
At Farahi Law Firm, our legal team understands the full impact of brain injuries. We work closely with neurologists, rehabilitation specialists, and financial experts to build strong, evidence-backed cases. We aim to fight for the compensation you need—without rushing the process.
FAQs About TBI Claims in California
Start by seeking medical attention immediately, even if symptoms are mild. Keep copies of all medical records, imaging results (CT or MRI scans), doctor’s notes, and prescriptions. You should also maintain a daily journal to track symptoms like headaches, memory issues, fatigue, or mood changes. This documentation can help show how the injury impacts your daily life.
In most cases, you have two years from the date of injury to file a claim under California law. If the injury was not discovered immediately, you may have one year from the date you reasonably discovered it. It’s best to consult a lawyer as soon as possible to avoid missing your deadline.
To strengthen your case, collect as much documentation as possible. This includes medical records, CT or MRI scans, doctor’s evaluations, hospital discharge summaries, and therapy reports. It’s also helpful to keep a personal journal tracking your symptoms and how they affect your daily life. Witness statements, accident reports, and expert medical opinions can further support your claim.
Don’t Wait—Start the Legal Process Today
Filing brain injury lawsuits in California takes time, but every step matters. The earlier you begin, the better your chances of recovering fair compensation for your injuries. From day one to trial, our team stands with you.
Call Farahi Law Firm today for a free consultation. We don’t charge fees unless we win your case. Get the medical care you need and the compensation you deserve.
