Brain and spinal-cord injury cases overlap with motor-vehicle, truck, slip-and-fall, and wrongful-death work. The pages below cover the most common matter types we see at the firm.
Talk to one of our attorneys: Cameron Yadidi Brock · Artin Fiterz, Esq. · Greg Diarian · Craig D. Rackohn · Lena G. Karaminassian · Isaac Radnia
Catastrophic neurological injury cases rest on the general duty of care under Civil Code section 1714 and on full compensation under Civil Code section 3333, which permits recovery for all damage proximately caused by the wrongful act, whether anticipated or not. Punitive damages are governed by Civil Code section 3294, which requires malice, oppression, or fraud by clear and convincing evidence. Statutes are searchable at leginfo.legislature.ca.gov.
Several liability for non-economic damages applies under Civil Code section 1431.2 (Proposition 51). The personal injury limitations period is two years under Code of Civil Procedure section 335.1, with public-entity claims requiring a six-month government claim under Government Code section 911.2. Periodic-payment provisions for future medical expenses are available under Code of Civil Procedure section 667.7 in cases that meet the threshold. Lien rights for medical providers are codified at Civil Code section 3045.
Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170 recognized the duty of an emergency-aid provider to act with reasonable care once aid is undertaken, and the duty to summon further aid when reasonably necessary. The decision matters in catastrophic injury cases where the initial emergency response affected the severity of brain or spinal cord damage. Ordinary negligence and damages doctrines from Howell v. Hamilton Meats, Pebley v. Santa Clara Organics, and Li v. Yellow Cab apply with full force.
Future medical damages in brain and spinal cord cases are valued through life-care plans developed by certified life-care planners and supported by treating physician declarations. Periodic payment under Code of Civil Procedure section 667.7 can be elected when future medical expenses exceed a statutory threshold. Punitive damages under Civil Code section 3294 remain available where malice, oppression, or fraud can be shown by clear and convincing evidence. Verify each citation at Justia California Case Law.
Traumatic brain injuries from blunt or penetrating trauma, anoxic and hypoxic brain injuries from oxygen deprivation, diffuse axonal injuries from rapid acceleration-deceleration forces, and mild traumatic brain injuries (concussions) that produce persistent post-concussive symptoms all support injury claims when negligence caused the injury. The severity is graded by the Glasgow Coma Scale, post-traumatic amnesia duration, and imaging findings on MRI and DTI scans. Even mild TBI cases can support six- or seven-figure recoveries when persistent cognitive, behavioral, and emotional deficits are documented.
Spinal cord cases involve catastrophic, often permanent, paralysis or impairment with lifelong medical care needs. Cases routinely involve seven- and eight-figure life-care plans for residential support, durable medical equipment, attendant care, home modifications, and adaptive vehicles. The American Spinal Injury Association classification system documents the level and completeness of injury. Bowel, bladder, and sexual function complications, autonomic dysreflexia, pressure injuries, and respiratory complications all add to the case value. Periodic payment under section 667.7 is commonly elected in these cases.
Adult plaintiffs have two years from the injury under California Code of Civil Procedure section 335.1. Public-entity defendants require a six-month government claim under Government Code section 911.2 followed by suit within six months of rejection. Medical malpractice has a one-year discovery period and three-year outer limit under MICRA. Minor plaintiffs generally have until two years after their 18th birthday. Hidden or progressive injury cases may benefit from the discovery rule, but reliance on discovery rule extensions is risky and prompt counsel consultation is essential.
A life-care plan is a detailed projection by a certified life-care planner of the medical care, equipment, supplies, attendant care, home and vehicle modifications, and therapy that the injured plaintiff will need over the remainder of their life expectancy. Each item is supported by treating physician concurrence and priced through a structured methodology. An economist then reduces the projection to present value. Life-care plans typically run from $2 million to $20 million in catastrophic cases and form the largest line item in the verdict or settlement.
Yes, when the plaintiff shows malice, oppression, or fraud by clear and convincing evidence under Civil Code section 3294. Common patterns supporting punitive damages include drunk-driving brain injuries, knowingly defective product designs, and corporate failures to warn of known risks. Punitive damages must be alleged in the complaint, and a managing-agent ratification finding is required against corporate defendants under section 3294(b). Punitive recovery is non-dischargeable in bankruptcy under federal law, which can be a significant collection consideration.
Vocational experts evaluate the plaintiff's pre-injury earnings and trajectory, then assess the post-injury vocational picture given the medical work restrictions. Economists reduce the lost earnings to present value using actuarial tables and discount rates. For young plaintiffs with promising careers, lost earning capacity can exceed $5 million. Where the plaintiff retained some work capacity, the calculation captures the differential between the pre- and post-injury earning paths. Loss of household services and lost employer-paid benefits are also recovered.
MTBI, also called concussion, results from a blow to the head causing brief loss of consciousness, post-traumatic amnesia, or altered mental state. Most cases resolve within weeks, but a meaningful subset develop persistent post-concussive symptoms including cognitive deficits, mood changes, sleep disorders, headaches, and dizziness. These cases are absolutely compensable in California. Documentation through neuropsychological testing, advanced imaging such as DTI and SPECT, and treating-provider records establishes the persistence and effect of the injury on daily functioning.
There are no caps in ordinary tort cases involving private defendants. Medical malpractice cases are subject to MICRA's non-economic damages cap, which AB 35 increased from $250,000 to $350,000 in 2023, rising to $750,000 by 2033 in non-injury cases and $1 million by 2033 in death cases. Punitive damages are not capped by California statute but face federal due-process review. Periodic payment under section 667.7 is sometimes elected in lieu of a lump sum and can ensure long-term funding of life-care plans.
Day-in-the-life videos, medical illustrations, animated reconstructions of the mechanism of injury, and demonstrative life-care plan presentations are all used. Treating physicians, neuropsychologists, physiatrists, life-care planners, vocational economists, and forensic economists testify in turn to build the damages picture. Family members testify about the before-and-after change in the plaintiff's life. Photographs of medical equipment, home modifications, and rehabilitation therapy supply visual proof. The combined presentation often takes several days of trial in catastrophic cases.
Yes, when negligent medical care during labor and delivery caused the injury. Common claims involve missed or delayed cesarean section, improper use of vacuum or forceps, missed signs of fetal distress, and mismanagement of shoulder dystocia. Birth injury cases are governed by the Medical Injury Compensation Reform Act (MICRA), which limits non-economic damages but not economic damages. The economic damages, including lifelong care for cerebral palsy and other birth-related neurological impairments, often reach eight figures.
Autonomic dysreflexia is a serious complication of spinal cord injuries above T6, involving uncontrolled rises in blood pressure that can cause stroke or death. Episodes can be triggered by bladder distension, bowel impaction, pressure injuries, and other ordinary issues. Documenting the risk of autonomic dysreflexia in a life-care plan supports the need for skilled attendant care, frequent monitoring, and emergency-response protocols. The condition is one example of how spinal cord injury cases require highly specialized medical and life-care expertise to value correctly.
Health insurance pays in the first instance, with subrogation rights asserted at settlement. MedPay coverage on auto policies and Cal-COBRA can also pay early bills. Plaintiffs without coverage often treat on medical liens with rehabilitation centers, surgeons, and therapists who defer payment until settlement. ERISA plan and Medi-Cal liens require special handling. Catastrophic-injury practice also includes early Medicare set-aside analysis when settlement is anticipated, to ensure the settlement is structured to comply with federal Medicare secondary payer rules.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Mild concussion | Brief LOC, full recovery in weeks | $50,000 — $250,000 |
| Tier 2 — Persistent MTBI | PCS symptoms, neuropsych deficits, partial recovery | $250,000 — $1,200,000 |
| Tier 3 — Moderate TBI | Cognitive impairment, return-to-work limited | $1,200,000 — $5,000,000 |
| Tier 4 — Severe TBI / partial spinal cord | Permanent deficit, life-care plan required | $5,000,000 — $20,000,000 |
| Tier 5 — Catastrophic | Locked-in, vegetative, complete spinal cord | $20,000,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Cameron Yadidi Brock, founding partner of Burg & Brock, who concentrates on catastrophic neurological injury and wrongful death cases throughout Los Angeles County. Cameron has secured multi-million-dollar recoveries for traumatic brain injury and spinal cord injury survivors and works directly with neuropsychologists, physiatrists, life-care planners, and forensic economists to document the lifetime medical, vocational, and personal cost of catastrophic injury.
Cameron Yadidi Brock is admitted in California and verified at Cal Bar #183112. Reviewed by Cameron Yadidi Brock, CA Bar #183112. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Mild TBI cases (concussions with no long-term symptoms) settle in the $20,000 to $80,000 range. Moderate TBI with documented cognitive impairment runs $250,000 to $1 million. Severe TBI requiring lifelong care routinely exceeds $5 million. The case value tracks future medical and care costs.
Settlement values track the level of paralysis. Incomplete paralysis cases settle $500,000 to $2 million. Complete paraplegia averages $2 million to $5 million. Complete quadriplegia ranges $5 million to $10 million or more because of the lifelong care, equipment, and home modification needs.
Two years from the date of the injury under Code of Civil Procedure section 335.1. The discovery rule may extend the deadline if cognitive symptoms were not reasonably discoverable until later. Government entity claims require a tort claim notice within six months.
Yes. Delayed symptom presentation is common with TBI and does not bar a claim. We work with neurologists and neuropsychologists to document the causal connection between the accident and the symptoms. Imaging through DTI MRI can show injury that standard CT scans miss.
Neurologists and neurosurgeons for diagnosis, neuropsychologists for cognitive testing, life-care planners for future care costs, vocational economists for lost earning capacity, and biomechanical engineers for crash causation. These cases routinely use 6 to 10 experts.
A life care plan is a written projection of every medical service, therapy, equipment, and accommodation you will need over your lifetime, with costs. It is the single most important document for valuing a catastrophic case. Without it, juries undervalue future damages.
It depends on severity and your prior occupation. Loss of earning capacity is a separate damages category from lost wages. A vocational expert quantifies your reduced earning capacity over your remaining work-life expectancy. Lost earning capacity often dwarfs medical damages in young plaintiff cases.
12 to 36 months. We do not negotiate before maximum medical improvement, which can take 12 to 18 months in catastrophic cases. The cases that go to trial typically take 24 to 36 months total.
We pursue every available source: the at-fault driver's policy, your own UM/UIM, umbrella policies, employer vicarious liability, and product liability against any defective component. In catastrophic cases we often stack three or more policies.
Yes. The diagnostic record must be built by a neurologist or neurosurgeon. Defense lawyers attack pre-attorney records aggressively. We refer to qualified neurologists who can build a complete clinical picture and who hold up under deposition.
Choose which categories of cookies and tracking technologies you allow on burgbrock.com. Strictly necessary cookies are always on so the site can function.
Required for the site to load, keep you signed in, and remember your preference choice. Always active.
Lets us see which pages people visit so we can improve the site. No personal data is sold.
Allows ad partners to measure the performance of ads you may have seen and show more relevant ads.
Powers extras like chat, embedded video, and remembered form fields. Turning these off may break some features.
