San Rafael Brain Injury Lawyers

Types of Brain Injuries That May Result from Negligence

Not every brain injury looks the same, and not every case presents the same proof issues. The first step is understanding the type of brain injury and how it commonly shows up in real life.

• Traumatic Brain Injury (TBI). A TBI is caused by external force—often from a vehicle crash, fall, or blow to the head. TBIs range from mild to severe, but “mild” does not mean insignificant. Some people experience persistent symptoms that affect work, concentration, mood, and day-to-day function. Common examples include: concussion / mild TBI, contusions (brain bruising), diffuse axonal injury (DAI) (shearing injury often associated with high-force impacts), and intracranial bleeding (including subdural hematoma, epidural hematoma, subarachnoid hemorrhage)
• Hypoxic / Anoxic Brain Injury. These injuries occur when the brain is deprived of oxygen (hypoxic) or receives no oxygen (anoxic). They can happen in scenarios involving drowning, strangulation/airway compromise, certain medical events, or other catastrophic incidents. These cases are often medically complex and require careful causation and damages development.

Common Causes of Brain Injury Cases

Brain injuries frequently arise from:

• Car accidents, including high-speed collisions and intersection crashes
• Truck collisions, where force and injury severity are often greater
• Motorcycle crashes, including failure-to-yield and left-turn collisions
• Pedestrian and bicycle collisions, where head trauma is common even at lower speeds
• Falls on unsafe property, including slip-and-fall and fall-from-height events
• Workplace incidents (depending on the claim structure and available third-party liability)

In Marin County, serious injury events often involve commuter routes, highway traffic, commercial delivery activity, and crowded pedestrian areas. The details matter, because the defense side will use any ambiguity to argue shared fault or alternative causation.

Liability in Brain Injury Cases

A brain injury case is typically built on negligence. That means the evidence needs to show:

1. Duty: the other party had a responsibility to act reasonably
2. Breach: they failed to use reasonable care (unsafe driving, ignored hazards, negligent maintenance, etc.)
3. Causation: that failure caused the brain injury or materially contributed to it
4. Damages: the injury created measurable harm (medical needs, work impact, and life impact)

In practice, liability disputes in brain injury cases often include:

• Comparative fault arguments (especially in multi-vehicle crashes or pedestrian scenarios)
• Attacks on causation (“not related,” “pre-existing,” “no objective findings”)
• Minimization of severity (“mild,” “resolved,” “subjective symptoms”)

Our role is to close those openings with consistent proof and a medical story that makes sense.

Do I Have a Brain Injury Case?

A brain injury claim is typically worth serious evaluation when two things are true: responsibility can be proven and the injury has meaningful consequences. Indicators that often justify a case review include:

• Symptoms persist beyond the initial period (headaches, dizziness, light/noise sensitivity, memory issues, sleep disruption, mood changes, concentration problems)
• Treatment involves more than one visit (imaging, specialist care, therapy, ongoing monitoring)
• Work or school is affected (missed time, reduced performance, modified duties, inability to sustain workload)
• The insurer is already pushing back (minimizing, disputing causation, pressuring early settlement)

Even strong brain injury cases can be undervalued if the documentation is not developed correctly. A lawyer can tell you what matters in your specific fact pattern and what it will take to prove full value.

How the Brain Injury Claims Process Works

Most cases follow a recognizable progression, but the timeline and leverage points depend on the injury and the defense posture.

A typical case involves:

• Initial evaluation and strategy (liability theory, key disputes, coverage layers, value drivers)
• Investigation and documentation (collision proof, witness information, medical record development, wage verification)
• Damages building (future care, functional impact, and long-term limitations supported with credible records)
• Demand and negotiation (organized presentation aimed at fair value)
• Litigation if necessary (used when the insurer refuses to act reasonably or disputes key issues)
• Resolution and closing details (settlement logistics, costs, lien/billing issues)

A practical point in brain injury cases: insurers often push for early settlement before the long-term picture is clear. The process should fit the injury, not the carrier’s preferred timetable.

How Much Is a Brain Injury Case Worth?

There is no universal case value. Brain injury case value typically depends on:

• Severity and type of injury
• Treatment course and prognosis
• Work impact and earning capacity issues
• Need for future care and support
• Quality and consistency of documentation

Depending on the case, compensation may include:

• Medical expenses (past treatment and projected future care)
• Rehabilitation and therapy costs (including ongoing cognitive/vestibular therapies when applicable)
• Lost income (missed work and diminished earning capacity)
• Out-of-pocket costs tied to limitations (transportation, household help, equipment)
• Pain and suffering and day-to-day functional impact
• Loss of enjoyment of life
• Scarring/disfigurement or lasting impairment
• Wrongful death damages (when a brain injury results in a fatal loss)

The difference between a low offer and fair value is usually proof—especially around future care and functional limitations.

How Long Do I Have to File a Brain Injury Lawsuit in California?

In many California personal injury cases, the general deadline to file a lawsuit is two years from the date of injury, but exceptions may apply, particularly where a public entity may be involved, where delayed discovery issues exist, or where other fact-specific timing rules change the analysis.

Even if a deadline seems far away, brain injury cases can become harder to prove over time as evidence fades and documentation gaps grow. The safest approach is to speak with a lawyer as soon as possible to confirm deadlines and protect key evidence.