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Los Angeles traumatic brain injury lawyer
Short answer
Traumatic brain injuries from a Los Angeles car crash, fall, or struck-by accident can lead to lifelong medical needs, lost earning capacity, and cognitive change. California Code of Civil Procedure §335.1 gives victims two years from the date of injury to file a claim, and the discovery rule may apply when symptoms surface later. Burg & Brock has represented brain injury clients across LA County for nearly thirty years. Call (818) 873-9216 for a free case review.
TBI cases turn on neuropsychological testing, imaging findings, and the gap between pre-injury and post-injury cognitive function. Carriers undervalue invisible-injury cases — the case work shows the injury.
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Why TBI cases are routinely undervalued — and how to fix that
A traumatic brain injury is the most undervalued catastrophic-injury category by carrier defendants. The reason is structural: TBI is often invisible on standard imaging (CT and MRI typically do not show diffuse axonal injury), the symptoms (headaches, cognitive fog, memory issues, mood changes, sleep disruption) are subjective, and patients often look normal at deposition. Carriers exploit all three. The case work answers each.
TBI is graded as mild, moderate, or severe based on Glasgow Coma Scale, duration of loss of consciousness, post-traumatic amnesia, and imaging findings. Mild TBI (concussion) covers the majority of TBI cases — Glasgow 13-15, LOC under 30 minutes, post-traumatic amnesia under 24 hours. Moderate TBI: Glasgow 9-12, LOC 30 minutes to 24 hours, PTA 1-7 days. Severe TBI: Glasgow 3-8, LOC over 24 hours, PTA over 7 days. Even mild TBI can produce permanent cognitive and emotional symptoms — post-concussion syndrome — in 15-20 percent of cases.
On evidence, three categories matter most. First, neuropsychological testing — a battery of cognitive tests (memory, attention, executive function, processing speed) administered by a neuropsychologist that quantifies the cognitive deficit relative to the patient's premorbid baseline. Second, advanced imaging — diffusion-tensor imaging (DTI) and SPECT or PET scans that detect injury invisible on standard MRI. Third, treating-team observations — neurology, physiatry, occupational and speech therapy, mental-health providers.
Los Angeles has the trauma and rehabilitation infrastructure for TBI. UCLA Reagan, Cedars-Sinai, Keck, Harbor-UCLA handle acute care. Casa Colina and Rancho Los Amigos handle long-term rehabilitation. The Brain Injury Association of California provides resource coordination. Treating-team coordination is part of standard practice.
Burg & Brock has tried TBI cases out of the Sherman Oaks headquarters for two decades. The neuropsychologist, neurology, and DTI/SPECT-imaging expert relationships are in place. The firm understands carrier-side defense strategies on TBI and works the medical proof to counter them.
Your rights under California law
TBI cases run through standard negligence and product-liability law plus medical-malpractice (MICRA) for iatrogenic cases.
Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626 controls future-care projection. Howell v. Hamilton Meats (2011) 52 Cal.4th 541 controls medical-bill admissibility.
Soule v. General Motors Corp. (1994) 8 Cal.4th 548 sets the design-defect framework when crashworthiness factors. Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 anchors strict products liability.
How Burg & Brock works your case
TBI cases are medical-proof cases. The work is in showing the injury exists and quantifying its impact.
- Acute-phase medical-records work. ER chart documenting Glasgow Coma Scale, LOC duration, post-traumatic amnesia. Initial CT or MRI.
- Treating-team coordination. Neurology, physiatry, occupational and speech therapy, neuropsychology, mental-health providers.
- Neuropsychological evaluation. Battery of cognitive tests by a neuropsychologist. Quantifies deficits in memory, attention, executive function, processing speed relative to premorbid baseline.
- Advanced imaging. DTI, SPECT, or PET imaging when standard MRI is negative but symptoms persist. Detects diffuse axonal injury and metabolic abnormalities.
- Vocational and life-care planning. Vocational expert quantifies pre- and post-injury earning capacity. Life-care planner projects future care needs.
- Demand and litigation. Demand structured to compensatory and punitive damages. Filing in LA County Superior Court when offers are below the floor.
Operational note: family and friends are part of the proof. Their observations of pre-injury versus post-injury behavior are admissible and often persuasive.
Common TBI case profiles in Los Angeles
Motor-vehicle TBI cases. High-energy crash producing concussion or worse. Most frequent profile.
Pedestrian-strike TBI. Vehicle striking pedestrian — head injury common in three-impact sequence.
Cyclist-strike TBI. Cyclist struck despite helmet — facial and head impact.
Motorcycle TBI. Severe head injury despite helmet.
Slip-and-fall TBI. Premises-liability falls with head impact.
Falls from height TBI. Construction and industrial falls.
Sports-related TBI. Recreational and youth-sports injuries with delayed-recovery.
Assault TBI. Third-party tort against assailant; premises-liability against property owner if applicable.
Iatrogenic TBI. Surgical, anesthetic, or hospital-care error producing brain injury — MICRA framework.
Repetitive-impact TBI. Chronic-traumatic-encephalopathy cases — emerging area with developing case law.
Common causes
- Motor-vehicle collisions producing direct head impact or rotational injury.
- Pedestrian and cyclist strikes by vehicles.
- Falls from height in construction or premises-liability contexts.
- Slip-and-fall on commercial or residential premises.
- Sports and recreational injuries.
- Assault and battery — third-party tort and premises-liability.
- Surgical or anesthetic complications (iatrogenic TBI).
- Defective products including helmets and protective equipment.
Liability theories
TBI liability follows the underlying-incident framework. The standard analysis includes:
- The at-fault party — driver, premises owner, contractor, manufacturer — under Civil Code §1714.
- Any employer or contractor under respondeat superior.
- Vehicle, helmet, or equipment manufacturer for crashworthiness or design defects.
- Medical providers in iatrogenic cases under MICRA framework.
- A government entity for dangerous-condition contribution.
- The plaintiff's UM/UIM carrier when applicable.
Cases involving young athletes with repetitive head trauma raise emerging legal questions about institutional duty to warn and to manage exposure. The CTE evidence base is developing rapidly.
How damages break down
Economic damages on TBI cases vary widely depending on severity. Mild TBI with full recovery may resolve with low six-figure economic damages. Severe TBI with permanent cognitive and functional impairment can run into seven and eight figures with full life-care planning.
Non-economic damages cover pain and suffering, cognitive and emotional changes, loss of enjoyment of life, and loss of consortium. TBI cases produce substantial non-economic verdicts because of the persistent quality-of-life impact.
Punitive damages under Civil Code §3294 in DUI cases, conscious-disregard contractor cases, and product-defect cases supporting the malice finding.
Reported settlement and verdict ranges
| Case profile | Reported range | Drivers |
|---|
| Mild TBI with full recovery | $45,000 – $185,000 | Documented LOC, neuropsych testing, full recovery. |
| Mild TBI with persistent post-concussion syndrome | $185,000 – $725,000 | Permanent cognitive deficits, vocational impact. |
| Moderate TBI | $525,000 – $2 million | Documented imaging findings, neuropsych deficits, vocational impact. |
| Severe TBI with permanent impairment | $1.8 million – $6+ million | Life-care plan, attendant care, cognitive and functional deficits. |
| Catastrophic TBI / wrongful-death | $3 million – $15+ million | Maximum life-care plan or CCP §377.60 heirs. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Why work with Burg & Brock
Burg & Brock has tried TBI cases through carrier-side invisible-injury defenses for two decades. The neuropsychologist, DTI/SPECT-imaging expert, and treating-team coordination are standard practice.
The firm tries cases. TBI carriers settle differently with firms that take comparable cases through trial.
Contingency fee. Free consultation.
Steps after a Los Angeles TBI
- Get acute-phase medical care. ER evaluation. Document any LOC, however brief, and any post-traumatic amnesia.
- Follow up with neurology if symptoms persist. Headaches, fog, memory issues, mood changes, sleep disruption — get neurology evaluation if any persist past two weeks.
- Get imaging. Initial CT/MRI. DTI, SPECT, or PET if symptoms persist with negative standard imaging.
- Document symptoms continuously. Daily journal of symptoms, sleep, fatigue, mood — becomes part of the proof.
- Get neuropsychological evaluation. Quantifies cognitive deficits relative to premorbid baseline.
- Family and friend observations. Their observations of pre- and post-injury behavior are admissible.
- Call a lawyer in the first ninety-six hours. TBI evidence and medical proof start early.
Where these cases are filed
LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County.
Public-entity cases require Government Code §911.2 written claim within six months. Iatrogenic cases proceed under MICRA.
Frequently asked questions
What is a mild TBI and is it really an injury?
Yes. Mild TBI (concussion) is a clinical diagnosis based on Glasgow Coma Scale 13-15, loss of consciousness under 30 minutes, post-traumatic amnesia under 24 hours, and any altered mental status, focal neurological deficit, or skull fracture. It is a real injury that produces real and sometimes permanent cognitive deficits in 15-20 percent of cases (post-concussion syndrome).
Why do carriers undervalue TBI cases?
Three reasons: TBI is often invisible on standard CT and MRI; the symptoms (cognitive fog, memory issues, mood changes) are subjective; patients often look normal at deposition. The carrier-side strategy exploits all three. The plaintiff's case work — neuropsychological testing, advanced imaging, treating-team observations, family-and-friend testimony — answers each.
What is neuropsychological testing?
A battery of cognitive tests administered by a neuropsychologist that quantifies cognitive function across domains — memory, attention, executive function, processing speed, visuospatial. The test results are compared to the patient's estimated premorbid baseline to identify deficits. The neuropsychologist provides expert testimony on the deficits and their cause.
What is DTI imaging?
Diffusion-tensor imaging — a specialized MRI sequence that detects injury to the brain's white-matter tracts. DTI can show diffuse axonal injury that is invisible on standard MRI. Used in TBI cases when symptoms persist with negative standard imaging.
What is post-concussion syndrome?
A constellation of symptoms — headaches, cognitive fog, memory issues, mood changes, sleep disruption, fatigue — that persist beyond the typical mild-TBI recovery window. Documented in 15-20 percent of mild-TBI cases. Permanent in some cases. Recognized diagnostic entity in DSM-5 and ICD-11.
How long do I have to file?
Two years under
CCP §335.1. Public-entity claims require six-month written claim under Government Code §911.2. Medical-malpractice cases proceed under MICRA at
CCP §340.5.
Can I get punitive damages for a TBI?
Where the underlying conduct supports clear-and-convincing-evidence findings of malice — most often DUI cases.
What if my TBI was from a sports or recreational activity?
The inherent-risk doctrine under Knight v. Jewett may apply, but the doctrine generally does not bar claims arising from negligent supervision, defective equipment, or conduct beyond the inherent risks of the activity. Each case is fact-specific.
What about chronic-traumatic-encephalopathy?
CTE is an emerging legal area. Cases against schools, leagues, and equipment manufacturers for inadequate concussion management and protective-equipment defects are developing. Current cases face evidentiary challenges because CTE is currently diagnosable definitively only post-mortem.
Will I have to give a deposition?
Probably yes if the case is in litigation. We prepare carefully — TBI plaintiffs benefit from extensive deposition prep because cognitive-fog symptoms can affect testimony.
How long does a TBI case take?
Twelve to thirty months for typical cases. Catastrophic-TBI cases run longer because medical stabilization is essential.
How much does Burg & Brock charge?
Nothing up front. Contingency fee.
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Talk to a Burg & Brock attorney today
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
Call (888) 528-8595
Burg & Brock office locations: Sherman Oaks (HQ) — 4554 Sherman Oaks Avenue, Unit A100, Sherman Oaks, CA 91403 · Glendale — 633 N. Central Avenue, Suite 200, Glendale, CA 91203 · Beverly Hills — 9701 Wilshire Boulevard, Suite 1000, Beverly Hills, CA 90212 · Irvine — 7545 Irvine Center Drive, Suite 200, Irvine, CA 92618 · Bakersfield — 4900 California Avenue, Tower B, 2nd Floor, Bakersfield, CA 93309 · Visalia — 2300 W Whitendale Avenue, Visalia, CA 93277 · Modesto — 1015 12th Street, Suite 4, Modesto, CA 95354. Phone: (888) 528-8595.
