Time Sensitive: California Law Limits Your Window to File
In most California brain injury cases you have only two years from the date of the injury to file a lawsuit. Claims against a government entity may allow as little as six months.
Callahan & Blaine, PC has more than 42 years of trial experience and 32 attorneys ready to protect your right to recover. Acting early preserves evidence and protects your claim.
How a Newport Beach Brain Injury Attorney Can Help
Brain injury cases are among the most difficult personal injury matters to prove. The injuries are often invisible on the surface, the symptoms can be delayed or dismissed, and insurance companies routinely argue that a claimant’s difficulties are unrelated to the accident. Overcoming those defenses takes experienced legal counsel, thorough investigation, and the right medical evidence. When you hire Callahan & Blaine, PC, our attorneys manage every part of that process on your behalf.
- Investigate how the injury occurred and preserve the evidence needed to prove liability.
- Obtain your complete medical records and coordinate evaluation by qualified medical specialists.
- Document how the injury affects you now and how it will affect your earning capacity and quality of life in the future.
- Work with medical specialists, life-care planners, and economists to calculate the full lifetime cost of the injury.
- Negotiate firmly with every party involved and prepare each case for trial from the outset.
Types of Traumatic Brain Injuries
The term traumatic brain injury covers a wide range of harm, from a concussion that resolves in weeks to permanent, life-altering damage. Understanding the type of injury is central to proving its severity and its long-term cost. The most common forms include:
- Concussion. A mild traumatic brain injury caused by a blow or jolt to the head, which can still produce lasting cognitive and emotional symptoms.
- Contusion. A bruise on the brain caused by direct impact, which can involve localized bleeding and tissue damage.
- Diffuse axonal injury. Widespread tearing of nerve fibers that occurs when the brain rapidly shifts inside the skull, often in high-speed collisions.
- Coup-contrecoup injury. Damage at both the site of impact and the opposite side of the brain.
- Penetrating injury. Harm caused when an object pierces the skull and enters the brain.
- Hematoma. A collection of blood within the brain or between the brain and skull that can create dangerous pressure.
Common Causes of Brain Injuries in Newport Beach
According to the Centers for Disease Control and Prevention, falls are the leading cause of traumatic brain injuries in the United States, followed by being struck by or against an object and motor vehicle crashes. In a coastal community like Newport Beach, our attorneys handle brain injuries arising from a wide range of incidents, including:
- Motor vehicle collisions, including car, motorcycle, and commercial truck accidents
- Pedestrian and bicycle accidents
- Slip, trip, and fall incidents on dangerous property
- Sports and recreation incidents, including repeated head trauma that can lead to chronic traumatic encephalopathy
- Workplace and construction accidents
- Acts of violence
There are roughly 5.3 million people in the United States living with a disability related to a brain injury. These injuries can carry both short-term and lifelong effects, and a victim who cannot return to work, or who returns at a reduced capacity, may face a permanent loss of earning power and quality of life.
Recognizing the Symptoms of a Brain Injury
Brain injury symptoms are not always obvious right away, and they can worsen in the hours and days after an accident. Anyone who has suffered a blow to the head should seek medical attention promptly, both to protect their health and to create a medical record of the injury. Common symptoms include persistent headaches, dizziness, nausea, fatigue, confusion, memory problems, difficulty concentrating, mood changes, and disruptions to sleep. As the Mayo Clinic notes in its overview of traumatic brain injury symptoms and causes, warning signs can range from mild to severe and should never be ignored.
Compensation Available in a Brain Injury Claim
Because a serious brain injury can reshape a person’s entire future, a fair recovery must account for both present and lifetime losses. California law allows victims to recover several categories of compensation.
Categories of Recoverable Compensation
Economic damages. The measurable financial losses, including past and future medical care, rehabilitation, therapy, lost wages, and diminished earning capacity.
Non-economic damages. The human losses that do not carry a receipt, such as pain and suffering, cognitive and emotional harm, and the loss of enjoyment of life.
Punitive damages. In cases involving especially reckless or malicious conduct, additional damages intended to punish the wrongdoer and deter similar conduct.
The Statute of Limitations for Newport Beach Brain Injury Claims
California law sets a firm deadline for filing a brain injury lawsuit, and missing it can permanently end your right to recover. Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit. If a brain injury proves fatal, a wrongful death claim generally must be filed within two years of the date of death.
When a government entity may share responsibility, such as an injury caused by a dangerous public roadway or a collision with a public vehicle, a formal claim must usually be presented within six months under the California Government Claims Act. Because these deadlines are strict and the exceptions are narrow, it is wise to speak with a Newport Beach brain injury attorney as soon as possible so that critical evidence is preserved and your claim is protected.
Why Choose Callahan & Blaine, PC for Your Brain Injury Case
Selecting the right legal representation after a brain injury is one of the most consequential decisions a family can make. Our clients are not choosing a firm based on advertising alone. They are looking for attorneys who have demonstrated, in courtrooms and at settlement tables, that they know how to win the most difficult cases.
Callahan & Blaine, PC
More than 42 years of trial experience. 32 attorneys. Home to the largest jury verdict in Orange County history at $934 million. When you hire our firm, you gain a team that prepares every brain injury case for trial from the very first day.
When a brain injury proves fatal, a wrongful death attorney from our team is available to help surviving family members pursue the compensation they are owed. We treat every client as an individual whose life has been changed, never as a file number.
Frequently Asked Questions About Brain Injury Claims
Below are answers to some of the questions we hear most often from brain injury victims and their families in Newport Beach.
How do you prove a brain injury when it does not show up on a scan?
Not every brain injury appears on a standard imaging scan, which is one reason these cases require experienced counsel. We work with medical specialists such as neurologists and neuropsychologists, along with detailed records of symptoms over time, to document the injury and connect it to the accident. Building that evidence early is critical to overcoming insurer arguments that the injury is minor or unrelated.
How is compensation calculated for a brain injury?
Compensation is built around the full impact of the injury, not just current medical bills. We work with life-care planners and economists to project future treatment, therapy, and lost earning capacity, along with non-economic losses such as pain, cognitive harm, and loss of enjoyment of life. Because serious brain injuries can be permanent, the damages must reflect a lifetime of need.
Can I still recover if I was partly at fault for the accident?
Often, yes. California follows a pure comparative fault rule, so you may still recover even if you share some responsibility. Your recovery is reduced by your percentage of fault rather than barred entirely, which is why it helps to have an attorney evaluate how fault should be assigned.
How long do I have to file a brain injury claim in Newport Beach?
In most cases you have two years from the date of the injury to file a personal injury lawsuit in California. If a government entity may be responsible, you may have as little as six months to submit a formal claim, so it is best to seek legal help promptly.
Are concussions considered brain injuries?
Yes. A concussion is a mild traumatic brain injury, and it should be taken seriously. Symptoms can persist or worsen over time, and repeated concussions can lead to more serious long-term conditions. Anyone who has suffered a concussion because of another party’s negligence may have the right to pursue compensation.
Contact a Newport Beach Brain Injury Lawyer Today
A brain injury changes everything, and the decisions you make now can shape your recovery for the rest of your life. Callahan & Blaine, PC brings more than 42 years of trial experience and a team of 32 attorneys to your corner, along with the resources and determination to hold negligent parties fully accountable for the harm they cause.
If you or a member of your family has suffered a brain injury in Newport Beach or anywhere throughout Orange County, do not wait to protect your rights. Let our team review what happened and explain the options available to you. Contact us to submit your potential case today.
