Callahan & Blaine, PC is one of Southern California’s most established civil trial firms, with more than 40 years of complex litigation experience and 30 senior attorneys — each with a minimum of eight years of litigation experience. When the injuries are severe and the stakes are high, Callahan & Blaine, PC has the depth and trial experience to pursue every available avenue of recovery on your behalf. Visit our San Diego catastrophic injury page to learn more about the full scope of cases we handle.
What Qualifies as a Traumatic Brain Injury?
A traumatic brain injury occurs when a blow, jolt, or penetrating impact disrupts normal brain function. The Centers for Disease Control and Prevention reports that TBI-related deaths reached 68,663 in 2023 alone — more than 190 deaths per day — making brain injuries a serious public health concern nationwide. Injuries range from mild concussions to severe damage affecting memory, movement, speech, and personality. The following section breaks down when a TBI may give rise to a personal injury claim.
TBI BY THE NUMBERS
TBI-related deaths in the U.S. in 2023
TBI-related hospitalizations per year
TBI-related hospitalizations every day in the U.S.
Source: Centers for Disease Control and Prevention, 2023.
When Is a Brain Injury a Personal Injury Case?
A brain injury qualifies as a personal injury matter when it results from another party’s negligence, recklessness, or wrongful conduct. The key legal question is whether someone owed the injured person a duty of care, breached that duty, and caused the injury as a direct result. TBIs arising from car accidents, commercial vehicle collisions, falls on unsafe property, and similar incidents commonly form the basis of personal injury claims in California.
Establishing Negligence
The eligibility of a traumatic brain injury for a personal injury lawsuit often hinges on proving negligence. If the injury occurred due to another party’s careless or reckless actions — such as in a car accident, a slip and fall, or a workplace incident — there may be grounds for legal action. Proving negligence involves demonstrating that the responsible party had a duty of care, breached that duty, and that the breach directly resulted in the traumatic brain injury.
Identifying Responsible Parties
Determining who bears responsibility for the traumatic brain injury is essential. It may be an individual, a business, a property owner, or even a governmental entity. For instance, if a TBI occurs in a car accident, the negligent party could be another driver. In a slip-and-fall case, it might be the property owner. In a commercial trucking case, liability may extend to a carrier, a shipper, or a fleet maintenance company. Our San Diego truck accident attorneys handle these cases regularly and understand the layered liability frameworks that apply.
Statute of Limitations for Brain Injury Claims in California
In California, most personal injury claims — including those arising from traumatic brain injuries — must be filed within two years of the date of injury. This deadline is strict. If the brain injury resulted in a wrongful death, surviving family members generally have two years from the date of death to file a claim. Our San Diego wrongful death attorneys handle these cases and can clarify how these deadlines apply in your specific situation. Missing the filing deadline is irreversible in virtually every case, so early legal consultation is critical.
With decades of courtroom success across California, our attorneys are prepared to fight for the outcome you deserve.
Common Causes of Brain Injuries in San Diego
Traumatic brain injuries can result from many types of accidents. Regardless of the cause, establishing that another party’s negligence produced the injury is the foundation of any claim. Below are the most common accident types that give rise to TBI litigation.
Motor Vehicle Accidents
Car, truck, and motorcycle crashes generate the kind of sudden, high-impact force that most commonly causes brain trauma.
Premises Liability Incidents
Slip-and-fall accidents on poorly maintained property are a leading cause of TBI, particularly for older adults.
Pedestrian and Bicycle Collisions
Riders and pedestrians have no structural protection from vehicle impact forces, leaving them highly vulnerable to head injuries.
Aviation Accidents
High-velocity crashes involving aircraft may cause catastrophic head and brain injuries. See our San Diego aviation accident page for more.
What Damages Are Available in a Traumatic Brain Injury Claim?
Suffering a traumatic brain injury is a life-altering experience that extends beyond the physical, impacting every aspect of a person’s life. There are various categories of damages available in traumatic brain injury claims that aim to address the severe consequences of this catastrophic injury.
Medical Expenses
One of the primary components of a traumatic brain injury claim is compensation for medical expenses. This includes costs related to emergency medical care, hospitalization, surgeries, rehabilitation, medications, assistive devices, and ongoing medical treatments. Given the often long-term nature of TBI recovery, this category encompasses a broad spectrum of healthcare needs.
Lost Wages and Future Earnings
A traumatic brain injury can result in temporary or permanent disability, impacting a person’s ability to work. Compensation for lost wages accounts for the income lost during the recovery period. Additionally, if the TBI results in a diminished capacity to work or outright disability, future earnings may be factored into the compensation to address the long-term financial implications.
Pain and Suffering
Pain and suffering damages address the intangible yet profound aspects of the TBI experience. This includes physical pain, emotional distress, mental anguish, and the overall decline in the victim’s quality of life. These damages are essential for providing a comprehensive picture of the injury’s impact.
Loss of Consortium
Traumatic brain injuries not only affect the victim but also have ripple effects on their relationships. Loss of consortium damages compensate the spouse or family members for the deprivation of the injured person’s companionship, support, and services.
Rehabilitation and Therapy Costs
Given the often extensive rehabilitation needed after a traumatic brain injury, compensation may cover the costs of physical therapy, occupational therapy, speech therapy, and other specialized rehabilitation programs. These services are crucial for the victim’s recovery and the restoration of functional abilities.
Punitive Damages
In some instances involving extreme negligence or intentional harm, punitive damages may be awarded. Punitive damages are meant to punish the responsible party and deter similar behavior in the future. They are less common and typically reserved for cases with egregious misconduct.
Hire Callahan & Blaine, PC to Handle Your Litigation Matter
A traumatic brain injury can upend a person’s ability to earn a living, manage daily responsibilities, and maintain the relationships that matter most. The financial burden — medical treatment, rehabilitation, in-home care, and lost income — is often staggering and compounds over time. Callahan & Blaine, PC approaches catastrophic injury representation with the seriousness it demands. With more than 40 years of litigation experience, 30 senior trial attorneys — each with a minimum of eight years of experience — and a record of pursuing high-value results, our firm is equipped to handle the most complex brain injury matters in San Diego.
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