Traumatic brain injuries change lives in an instant. One moment, you’re going about your day. Next, you’re dealing with cognitive problems, memory loss, and mounting medical bills.
But who’s responsible for covering those costs?
TBI legal liability in California comes down to proving someone else’s actions (or inactions) caused your injury.
That sounds simple enough, but in reality, it’s one of the most complex areas of personal injury law.
If you’ve suffered a brain injury in Los Angeles, understanding how liability works can make all the difference.
At The Law Offices of John C. Ye, we have experience handling these complicated cases and know what it takes to prove liability.
Here’s what you need to know about building a strong case.
What Is Negligence in TBI Cases?
Negligence falls under the umbrella of California Civil Code §1714. The law says everyone must act with reasonable care and try not to hurt others.
When someone fails to meet that standard, and you get hurt because of it, that’s negligence.
The Four Elements You Must Prove
Every traumatic brain injury lawsuit requires proving four specific elements:
- Duty of care existed. The person or entity owed you a responsibility to act reasonably. For instance, drivers must be careful on the road, and property owners must keep their premises safe.
- They breached that duty. They did something careless or failed to do something they should have done. A driver texting behind the wheel breaches their duty, and a store ignoring a wet floor breaches theirs.
- The breach caused your injury. You must prove that their actions directly caused your brain injury. This is where things get complicated. You need to show a clear connection between what they did and what happened to you.
- You suffered damages. You have actual losses, like medical bills or lost wages. Without damages, there’s no case, even if someone was negligent.
Why TBI Cases Are Harder to Prove
Brain injuries aren’t like broken bones. You can’t just point to an X-ray and say, “There’s the problem.”
TBIs often cause damage you can’t see on regular scans. To prove the full extent of cognitive damage, doctors have to run a lot of tests.
This makes the burden of proof more challenging in brain injury cases.
The Burden of Proof: What You’re Up Against
California uses a “preponderance of evidence” standard in civil cases. That means you need to prove it’s more likely than not that the defendant’s negligence caused your injury.
Think of it as 51% certainty.
Medical Evidence Is Your Foundation
You’ll need medical records that document your injury right from the start. That includes emergency room reports, CT scans, MRIs, neuropsychological tests, treatment notes, and therapy records. You need to show what happened to your brain and how it’s affecting you.
Insurance companies will argue that your symptoms existed before the accident, or they’ll claim you’re exaggerating. They’ll find doctors who disagree with your diagnosis.
A Brain Injury Lawyer in Los Angeles knows how to counter these tactics with undeniable medical evidence and expert testimony.
Expert Witnesses Make or Break Cases
TBI cases require experts who can explain complex medical issues to juries. You’ll likely need:
- Neurologists who can testify about brain damage and prognosis.
- Neuropsychologists who document cognitive impairments.
- Life care planners who calculate future medical needs.
- Vocational experts who evaluate lost earning capacity.
- Economists who put dollar amounts on lifetime losses.
These experts don’t come cheap. But without them, proving the full extent of your damages becomes nearly impossible.
Accident Reconstruction: Proving What Actually Happened
Here’s a common problem: the defendant claims the accident didn’t happen the way you say it did. Maybe they say you were partly at fault, or the impact wasn’t severe enough to cause a brain injury.
That’s where accident reconstruction specialists come in.
What Reconstruction Experts Do
These specialists analyze every detail of how an accident occurred.
- They examine physical evidence from the scene, like skid marks, vehicle damage, and debris patterns.
- They review police reports and witness statements.
- They use physics and engineering to calculate speeds, impact forces, and collision dynamics.
- They create computer simulations showing exactly what happened.
In a car accident case, reconstruction experts can prove the other driver was speeding or ran a red light. In a slip-and-fall case, they can show how a hazardous condition existed and caused your fall.
This evidence is hard for defendants to argue against.
Biomechanical Experts Connect the Dots
Accident reconstruction tells the story of what happened. Biomechanical experts explain why that event led to a brain injury.
They talk about injuries from sudden stops, impacts on opposite sides of the brain, and damage caused by the brain moving inside the skull. Their testimony makes it clear how the accident caused your specific brain injury.
California Civil Code and TBI Cases
California law sets the rules for pursuing compensation after a brain injury.
Pure Comparative Negligence Under CA Civil Code
California follows pure comparative negligence. This means you can recover damages even if you were partly at fault for the accident. Your compensation is reduced based on your percentage of fault.
Statute of Limitations
California generally gives you two years from the injury date to file a traumatic brain injury lawsuit. But there are exceptions:
If you didn’t discover the injury immediately, you have one year from the discovery date. In medical malpractice cases, it’s one year from discovery or three years from the injury, whichever comes first. Cases involving government entities require filing a claim within six months.
If you miss these deadlines, you could lose your right to make a claim. Talking to a brain injury lawyer in Los Angeles right away helps protect your rights.
Types of Damages Available
In California, you can get compensation for:
- Economic damages: Medical bills, lost wages, rehab, and future care.
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Sometimes, punitive damages are awarded if the defendant was extremely reckless.
There’s no limit on most damages; however, California law caps non-economic damages in medical malpractice cases, starting at $350,000 for injury cases and $500,000 for wrongful death, with annual increases under AB 35.
Common Challenges in Proving TBI Liability
Even with strong evidence, brain injury cases come with unique challenges.
Pre-Existing Conditions
Insurance companies jump on pre-existing conditions. If you had depression, they’ll say your issues are psychiatric, not brain-related.
But California law is clear: defendants take victims as they find them. If the accident made a pre-existing condition worse, they’re liable for that aggravation.
Medical experts can tell the difference between old symptoms and new injuries from the accident.
Delayed Symptom Onset
Many TBI symptoms don’t appear immediately. You might feel fine right after the accident, but days or weeks later, you notice memory problems, mood swings, or cognitive difficulties.
Insurance companies will argue there’s no connection between the accident and your symptoms.
Medical experts can explain how brain injuries often have delayed symptoms and show how the accident caused your problems.
Insurance Policy Limits
Here’s a harsh reality: even if you prove liability, you can only recover what’s available.
According to California Insurance Code § 11580.1, California’s minimum auto insurance is $30,000 per person and $60,000 per accident as of January 2025. That’s nowhere near enough for serious brain injuries.
You might need to pursue:
- Use your own uninsured or underinsured motorist coverage.
- Go after multiple at-fault parties for more insurance.
- Seek payment from the defendant’s personal assets if insurance isn’t enough.
The Law Offices of John C. Ye investigates all potential sources of compensation to maximize recovery.
Building the Strongest Possible Case
Winning a TBI case requires strategy from day one.
- Get medical help right away, even if you feel fine. Follow all treatment steps and keep records of your symptoms.
- Take photos of your injuries and the accident scene.
- Don’t talk to insurance adjusters alone. Let your lawyer handle all communication.
- Choose a lawyer who knows TBI cases and works with top medical experts.
Quick action and the right legal team can make all the difference.
Get the Legal Help You Need
Proving TBI legal liability isn’t something you do on your own. TBI cases require medical experts, reconstruction specialists, and complex legal knowledge. Insurance companies try to minimize your claim to protect their profits.
But with the right legal team, you can hold negligent parties accountable and pursue compensation available under California law.
The Law Offices of John C. Ye understands what it takes to prove liability in traumatic brain injury cases. We work with medical experts and accident reconstruction specialists to build a strong TBI case for you.
Contact us for a free and confidential consultation. We’ll review your case and explain your legal options.
Frequently Asked Questions
How long do I have to file a TBI lawsuit in California?
You generally have two years from the date of the injury to file a lawsuit. However, if you didn’t discover the injury right away, you have one year from when you discovered it. Government claims require filing within six months.
Can I still get compensation if I was partially at fault?
Yes, you can. California follows pure comparative negligence, meaning you can recover damages even if you share some fault. Your compensation gets reduced by your percentage of responsibility.
What if my brain injury symptoms didn’t appear right away?
Delayed symptoms are common with TBIs and don’t hurt your case. Medical experts can explain why symptoms appeared later and connect your injuries to the accident.
Do I really need expert witnesses for my TBI case?
Yes, in most cases. Brain injuries require medical experts who can testify about your diagnosis and treatment needs. Accident reconstruction experts may be needed to prove how the accident occurred, and life care planners help calculate future costs. These experts are essential for proving liability and damages.
What if the driver who hit me doesn’t have enough insurance?
Your own uninsured motorist coverage can help. An experienced attorney explores all possible sources of compensation. In some cases, you can pursue the defendant’s personal assets.
How much is my TBI case worth?
Every case is different. Several factors affect how much your case is worth, including medical expenses, injury severity, future care needs, lost income, and how the injury affects your daily life. Consult our attorneys so we can listen to your case and give you a realistic estimate.
