In Brief
A California traumatic brain injury case usually seeks damages for harm caused by another party’s negligence or other wrongful conduct. TBIs range from concussions to diffuse axonal injury and hematomas requiring emergency care. Recoverable damages may include medical expenses, lost earnings, rehabilitation costs, and pain and suffering depending on proof. Cases involving medical treatment may implicate additional standards when malpractice is alleged. Deadlines vary by defendant type and claim theory.
First 24 hours
What to Do After a Suspected Brain Injury
Seek emergency care for red-flag symptoms.
- Follow discharge instructions and specialist referrals.
- Avoid rushing back to cognitively demanding work without clearance.
- Journal symptoms with dates.
- Preserve employment records if cognition affects performance.
- Limit social media discussion of the incident.
- Consult counsel before accepting quick settlements.
Why Brain Injuries Matter in Los Angeles
Los Angeles trauma centers treat high volumes of crash-related head injuries from freeways, urban arterials, construction zones, and recreational activity. TBIs can disrupt careers in entertainment, tech, healthcare, and trades where cognitive stamina matters daily.
Recovery timelines vary; insurers sometimes minimize “mild” TBIs despite persistent symptoms. KTL focuses on objective markers—neuropsychological testing when appropriate, occupational evidence, and credible clinician narratives—while serving clients throughout LA County communities.
Results
Representative personal injury results, including auto, pedestrian, and government cases that involve the same liability and damages issues as serious bicycle crashes. Prior results do not guarantee similar outcomes.
-
$3.335 Million Verdict
On August 14, 2025, a Santa Monica jury delivered a powerful message of accountability, awarding our client $3,335,000 in a heavily contested mild traumatic brain injury case against corporate defendants.
-
$2.95 Million Verdict
On March 21, 2025, a San Diego jury returned a verdict for $2,950,000 in favor of Plaintiff Buffi Maughan, represented by Dan Kramer and Teresa Johnson of Kramer Trial Lawyers.
-
$6.15 Million Settlement
Adan Flores was seriously injured when an 80,000 pound tanker illegally pulled out in front of him cause multiple fractures throughout his body and a traumatic brain injury, leaving Mr. Flores in a coma for nearly a month. The case settled for $6,150,000 on December 6, 2021, just over thirty days before trial.
Prior results do not guarantee similar outcomes. The outcome of any case depends on the specific facts and applicable law. Verdicts and settlements listed represent the gross amount before fees, costs, and liens.
Common Causes of TBI
Motor vehicle collisions
Whiplash forces and impacts produce coup-contrecoup injuries.
Bicycle and pedestrian impacts
Unprotected road users face outsized head trauma risk.
Falls
Especially construction falls and hazardous premises incidents.
Assaults
Intentional blows cause focal injuries and secondary complications.
Sports and recreation
Certain incidents generate liability when supervision or equipment failures contribute.
Medical episodes tied to malpractice
Delayed diagnosis or anesthesia complications may implicate professional negligence standards.
Symptoms and Impact
Concussion / mild TBI
Headache, fog, photophobia, sleep disturbance.
Post-concussion syndrome
Persistent cognitive and vestibular symptoms.
Moderate-to-severe TBI
Extended inpatient rehabilitation needs.
Cranial fractures
Risk of infection and surgical intervention.
California Legal Framework
Negligence (Cal. Civ. Code §1714)
Duty, breach, causation, and damages.
CCP §335.1
Common limitations reference for many negligence injury claims—confirm per case.
MICRA (for malpractice TBIs)
If malpractice is alleged, special damages limits and procedural rules may apply—counsel must evaluate (Civ. Code §3333.2; CCP §340.5; CCP §364).
Comparative negligence
Damages reduction principles under California law (Li v. Yellow Cab, 13 Cal.3d 804 (1975)).
Who Can Be Liable
Negligent drivers, businesses responsible for premises hazards, employers in limited contexts, manufacturers of defective products, and healthcare providers when malpractice is proven to professional standards.
Damages Categories
Past and future medical care, therapy, medication, assistive technology, lost wages and earning capacity, household services, pain and suffering, and damages categories permitted under law for the theories pled.
Comparative Fault
California comparative principles may reduce damages if the plaintiff shares fault on negligence claims. TBIs may still occur where fault splits; reconstruction and biomechanics experts sometimes clarify forces and helmet dynamics.
Insurance and Benefits Coordination
Med-pay, UM/UIM, health insurance subrogation, Medicare/Medi-Cal liens, and long-term disability coordination frequently arise.
How KTL Handles Brain Injury Cases
We build damages models that resist “invisible injury” skepticism through credible clinical opinions and real-world function proof.
“We try cases. That is what we are built for, and it is what makes our settlement offers higher than firms that won’t see the inside of a courtroom.”
Daniel Kramer, Founding Partner
Attorneys Who Handle Your Case at KTL
Daniel Kramer
Founding Partner
Daniel Kramer is a trial lawyer who specializes in representing families and individuals involved in catastrophic personal injury and wrongful death matters, as well as employment discrimination and retaliation lawsuits.
Teresa Johnson
Partner, Trial Lawyer
Teresa is a trial lawyer and partner at Kramer Trial Lawyers practicing in the areas of plaintiff’s personal injury, wrongful death and employment litigation.
David Paletz
Trial Lawyer
David is a trial lawyer practicing in the areas of plaintiff’s medical malpractice, catastrophic personal injury, and wrongful death.
FAQs
After a suspected brain injury, immediate medical attention is critical. Even mild traumatic brain injuries or concussions can have serious long-term effects if left untreated. If possible, document how the injury occurred and preserve evidence related to the incident. Photographs, witness information, surveillance footage, accident reports, and medical records can all become important later.
Keep track of symptoms such as headaches, dizziness, memory problems, vision changes, confusion, sleep issues, or emotional changes. Brain injury symptoms may evolve over time. An experienced brain injury attorney can help coordinate expert evaluations, preserve evidence, and protect your rights while you focus on treatment and recovery.
Liability in a brain injury case is proven by showing that another party’s negligence or wrongful conduct caused the injury. Helpful evidence may include accident reports, medical imaging, expert medical testimony, witness statements, surveillance footage, and evidence showing unsafe conditions or negligent behavior.
Because brain injuries are often medically complex, expert testimony from neurologists, neuropsychologists, life-care planners, or rehabilitation specialists may be important in proving the extent and long-term impact of the injury.
Brain injury victims may be entitled to compensation for medical expenses, rehabilitation, future medical care, lost income, reduced earning capacity, and long-term care needs. Compensation may also include pain and suffering, emotional distress, cognitive impairment, personality changes, loss of independence, and the impact the injury has had on relationships and daily life. Severe traumatic brain injuries can require lifelong treatment and support, making it important to fully evaluate future damages.
Brain injury cases often take longer than other personal injury claims because the long-term effects of the injury may take time to fully understand. In California, most personal injury claims generally must be filed within two years of the injury, although shorter deadlines may apply in certain situations. Because medical evidence and expert evaluations are often critical, early investigation and legal guidance can be extremely important.
Brain injury cases may involve auto insurance, commercial liability insurance, homeowners insurance, workers’ compensation coverage, or government liability claims depending on how the injury occurred.
Insurance companies often dispute the severity or long-term impact of brain injuries, especially when symptoms are not immediately visible. An experienced attorney can help gather expert evidence, identify available coverage, and pursue compensation that reflects the full extent of the injury.
Related Practice Areas
Authoritative Resources
These official resources are starting points, not legal advice for your specific matter.
- NHTSA, Data and research: national injury and crash research context when a motor-vehicle mechanism is involved.
- California Courts, Personal injury / accident: civil injury claims and court process overview.
- California Law (leginfo), Code of Civil Procedure: statutes of limitation and civil procedure.
- California Law (leginfo), Civil Code: negligence, premises, and damages divisions as applicable.
- Los Angeles Superior Court, Civil: LA County civil filing and department information.