BLG

California Brain Injury Law: Your Complete Guide to Traumatic Brain Injuries and Your Legal Rights

Traumatic brain injuries (TBIs) are among the most devastating injuries recognized in California law. They can occur in seconds, often without visible wounds, but may result in lifelong medical, cognitive, emotional, and physical challenges.

At Bakh Law Group (BLG), we represent clients who suffered TBIs from:

Car accidents
Motorcycle accidents
Pedestrian and cyclist accidents
Slip/trip and falls
Dangerous conditions on property
Falling objects and collapsing structures
Defective products
Industrial or workplace incidents
Battery explosions
Gas or electrical explosions
Construction site accidents
Sports and recreational activities

Brain injuries often require long-term treatment, expert evaluation, and aggressive legal representation. This guide explains how California law treats brain injury cases, the CACI instructions that apply, and what victims need to know.

In Order to Win a Brain Injury Case, Here’s What Must Be Proven

Brain injury cases typically fall under multiple legal theories depending on how the injury occurred:

1. Negligence (CACI 400, 401, 430)

Used for:

Car accidents
Motorcycle crashes
Pedestrian collisions
Slip/trip and falls
Falling merchandise
Construction negligence

To win, plaintiff must prove:

The defendant owed a duty of care
The defendant breached that duty
The breach was a substantial factor in causing injury
Plaintiff suffered damages

2. Premises Liability (CACI 1000–1011)

Used for brain injuries caused by:

Slip and falls
Trip and falls
Roof collapses
Falling objects
Unsafe staircases
Defective flooring
Poor lighting
Unsafe building design
Dangerous walkways
Unsecured store merchandise

A property owner is liable if they:

Failed to maintain the property safely
Failed to inspect
Failed to warn
Created or allowed a dangerous condition
Violated safety or building codes

3. Government Dangerous Condition of Public Property (CACI 1100–1123)

Used when a brain injury occurs due to hazards on public property:

Broken sidewalks
Dangerous intersections
Defective traffic signals
Unsafe public staircases
Unsafe schools, parks, or government buildings

Government Tort Claim must be filed within 6 months.

4. Product Liability (CACI 1200–1206)

Brain injuries may result from defective products such as:

Car seat failures
Airbag malfunctions
Roof crush or structural failure
E-bike or scooter defects
Lithium battery explosions
Faulty helmets
Collapsing furniture
Defective ladders
Industrial machines

Product liability does not require proving negligence — only that the product was defective and caused injury.

Types of Brain Injuries Covered

BLG handles all forms of TBIs, including:

Concussions (mild traumatic brain injury — mTBI)
Moderate and severe TBIs
Diffuse axonal injury
Brain bleeding (subdural/epidural hematoma)
Cerebral contusions
Hypoxic brain injuries
Anoxic brain injuries
Penetrating head trauma
Skull fractures
Coup-contrecoup injuries
Post-concussive syndrome
Cognitive impairment
Memory loss
Vestibular dysfunction (balance issues)
Vision disturbances
Personality and behavioral changes

Even a “mild” TBI can be life-changing.

Common Cause s of Brain Injuries

1. Car Accidents

Sudden acceleration/deceleration, airbag deployment, roof crush, side impacts, and rollovers commonly cause TBIs.

2. Motorcycle Accidents

Even with a helmet, riders experience:

Rotational brain trauma
Diffuse axonal injury
Penetrating head injuries

3. Pedestrian Accidents

Pedestrians are extremely vulnerable to head trauma due to:

Impact with vehicles
Secondary impact with the ground

4. Bicycle Accidents

TBIs occur from:

Being thrown over handlebars
Head impact with road or vehicles
Unsafe potholes or dangerous road conditions

5. Slip & Fall / Trip & Fall

Falls are among the most common causes of TBIs, especially in:

Grocery stores
Apartment complexes
Restaurants
Sidewalks
Hotels
Parking lots

Falls often cause occipital or frontal lobe impacts.

6. Falling Objects / Roof Collapse

Brain injuries result from:

Store merchandise falling
Construction site debris
Ceiling collapse
Sidewalks
Roof failure
Scaffold collapse
Unsafe shelving

7. Product Defects

Defective helmets, collapsing furniture, battery explosions, defective airbags, and car structural failures can cause TBIs.

8. Explosions

Blast waves cause:

Diffuse axonal injuries
Auditory and vestibular harm
Cognitive deficits
Emotional/behavioral disturbances

9. Sports & Recreation

Including:

Football
Soccer
Skateboarding
Ski and snowboard accidents
ATV accidents

Symptoms of a Brain Injury

Symptoms can appear immediately or over days:

Headache
Dizziness
Confusion
Memory problems
Nausea or vomiting
Vision changes
Sensitivity to light/noise
Emotional changes / irritability
Sleep disturbances
Difficulty concentrating
Loss of consciousness

These symptoms may worsen without treatment.

Diagnostic Tools Used in Brain Injury Cases

BLG consults with neurologists and neuropsychologists who use:

MRI
CT scan
DTI (Diffusion Tensor Imaging)
Neuropsychological testing
Vestibular testing
Balance studies
Cognitive assessments

Damages Available in Brain Injury Cases

Victims may recover:

Medical expenses
Hospitalization
Medical expenses
Future neurological treatment
Rehabilitation (OT/PT/speech therapy)
Lost wages
Reduced earning capacity
Pain and suffering
Cognitive impairment
Emotional distress
Lifetime care
Home modifications
Assistive devices
Wrongful death (if fatal)

TBIs often increase the lifetime cost of care dramatically.

Statute of Limitations

2 years for personal injury
6 months for government defendants
Extended tolling for minors
Wrongful death claims follow a 2-year limit

How BLG Proves Brain Injury Cases

BLG conducts:

Accident reconstruction
Premises investigation
Video evidence retrieval
Product testing
Expert neurological evaluations
Life-care planning
Economic loss calculations
Medical record analysis
Witness interviews

Brain injury cases require expert presentation to prove causation and long-term impact — BLG handles these cases thoroughly.

Frequently Asked Questions (FAQs)

Should I hire a lawyer experienced in brain injuries?

Yes — TBIs require expert handling, medical coordination, and litigation skill.

What if I was partially at fault

You can still recover under comparative negligence.

Can I sue a contractor for a roof collapse?

Yes — contractors and building owners may be liable.

Are dizziness and vision issues signs of TBI?

Yes — these are hallmark symptoms.

Can brain injuries occur without direct head impact?

Yes — rapid acceleration/deceleration can cause TBIs.

What if my MRI was normal but I feel different?

This is common; TBIs frequently require advanced diagnostics.

What if I hit my head but didn’t go to the hospital?

You may still have a claim if symptoms develop later.

Should I talk to the insurance company?

No — adjusters often downplay TBIs.

What if I returned to work but still have symptoms?

You may still claim damages.

Can I sue for future medical care?

Yes — TBIs often require lifelong treatment

What if my personality changed after the accident?

Behavioral changes are compensable.

Can I receive compensation for cognitive impairment?

Yes, including loss of concentration, memory, and processing speed.

Are TBIs always visible on scans?

No — many require neuropsych testing to diagnose

Can explosion shockwaves cause TBIs?

Yes — blast injuries cause diffuse axonal damage.

Wh at if I can’t remember the accident?

Common in TBI cases—and not a bar to recovery.

What if I had a previous concussion?

You can still recover if the new injury worsened your condition.

Do I need a brain specialist?

Yes — TBIs require neurologists and neuropsychologists.

What if the city sidewalk caused my fall?

You may have a government dangerous condition claim.

Can I sue a store if merchandise fell on my head?

Yes — falling object cases are strong premises liability claims.

Can emotional changes indicate a TBI?

Yes — irritability, depression, and anxiety are common.

Can children suffer TBIs differently?

Yes — children often have unique symptoms and long-term impacts.

What if a product exploded and caused head trauma?

You may have a product liability claim.

Can slipping on a wet floor cause brain injury?

Yes, falls frequently cause TBIs.

What if I wasn’t wearing a helmet on a bike or motorcycle?

You can still recover — comparative fault may apply.

Are brain injuries permanent?

They can be, depending on severity.

What if symptoms appear days later?

Delayed onset is extremely common.

What is DTI imaging?

An advanced MRI technique detecting white matter damage.

Can I have a brain injury even if my CT scan is normal?

Absolutely. Many TBIs don’t appear on CT scans.

Can a concussion be serious?

Yes. Even mild TBIs can cause long-term symptoms.

Do I need to lose consciousness to have a brain injury?

No. Many TBIs occur without loss of consciousness.

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Brain Injuries