California Laws Relevant To Traumatic Brain Injury Claims

Suffering a traumatic brain injury (TBI) can truly turn your world upside down. One moment you’re going about your daily routine, and the next, everything changes – your health, your independence, and even your future plans. Whether your injury happened in a car crash, a fall, a workplace incident, or some other accident, the physical and emotional toll can be staggering.

In the midst of this, navigating California’s legal system may feel like one more heavy burden to carry. You might be wondering where to start, what your rights are, or how to make sure your family’s needs are met.

At Johnson Attorneys Group, we understand how overwhelming this time can be. We believe in clear answers, compassionate service, and helping you pursue the compensation and support you need to heal. So let’s break down the key California laws that may affect your brain injury claim so you can move forward with more clarity and confidence.

California’s Legal Protections for Brain Injury Survivors

Living with a traumatic brain injury can be isolating, especially when tasks that once felt simple now feel exhausting.

California law recognizes the seriousness of TBIs and provides several important legal protections to help you recover physically, emotionally, and financially.

When you’re dealing with a brain injury, time often feels strange. Days blur together. Recovery takes longer than expected. But unfortunately, the law doesn’t pause for healing.

In California, you generally have 2 years from the date of injury to file a personal injury claim. This is called the statute of limitations, and it’s a hard deadline, unless an exception is provided by law. If you miss it, you may lose your right to seek compensation, no matter how strong your case is.

There are a few important exceptions:

Delayed symptoms: Some TBI symptoms don’t appear immediately. If that’s the case, your timeline may start from the day you reasonably discovered the injury.
Minors: If the injured person is under 18, the 2-year clock may not start until his or her 18th birthday.
Claims against government entities: These have a much shorter window. If, for example, you were injured on public property or by a government worker, you typically must file a notice within 6 months.

We understand that these timelines can feel like intense pressure during an already difficult time of your life. That’s why we take on the responsibility of managing all your legal deadlines – so you can focus on healing while we focus on the paperwork.

Sharing Fault Doesn’t Mean Giving Up Compensation

One of the most common worries we hear from clients is, “What if I was partly at fault?” Maybe you weren’t wearing a helmet, or you made a quick decision before the accident occurred. It’s natural to worry that this might ruin your chances of recovery.

But here’s the good news: California follows a “pure comparative negligence” system. That means you can still recover damages even if you were partially responsible for the accident. For example, if a jury finds you were 20 percent at fault and your total damages are $100,000, you can still recover $80,000. The amount is reduced, but your claim remains valid.

This law exists to be fair, recognizing that accidents are rarely black and white, so partial responsibility shouldn’t shut the door on your healing.

At Johnson Attorneys Group, we take liability seriously. We work hard to investigate the full picture – examining evidence, witness statements, accident reports, and expert opinions – to protect your claim and minimize your percentage of fault wherever possible.

You deserve help rebuilding your life, and California law ensures that partial responsibility doesn’t shut the door on your recovery.

Economic damages

When your injury causes financial strain – and for most families, it does – you may be entitled to compensation for your out-of-pocket losses. These are called economic damages, and they can include:

Medical expenses such as costs for your initial and ongoing medical care, rehab, medications, therapy sessions, assistive devices, and even future treatment that you may need down the road
Lost wages, if your injury has kept you from working
Loss of future earning potential if your TBI permanently affects your ability to work
Out-of-pocket costs, which might include travel to medical appointments, in-home care, or home modifications like ramps or stair lifts

Non-economic damages

Brain injuries don’t just hurt your wallet – they hurt your spirit, your relationships, and your day-to-day joy. That’s where non-economic damages come in.

Non-economic damages include:

Pain and suffering for the physical and emotional pain you’ve endured.
Loss of enjoyment of life if your injury has kept you from the activities, hobbies, or milestones you once loved.
Emotional distress is faced by many TBI survivors. This distress includes anxiety, depression, mood swings, or post-traumatic stress disorder. You deserve to be compensated for these struggles, too.

While money can’t erase the trauma, it can ease the burdens and help you access the resources you need for recovery.

Punitive damages

In especially severe or reckless cases – such as DUI crashes or deliberate harm – California may allow for punitive damages. These aren’t about your losses; they’re meant to punish the wrongdoer and discourage similar behavior. While less common, they can be a powerful tool in some TBI cases.

Why You Need a TBI Attorney Who Truly Understands

Traumatic brain injury claims are some of the most complex personal injury cases in California. They involve detailed medical evaluations, long-term treatment projections, and often, emotional testimony from loved ones. Insurance companies frequently push back – trying to minimize your suffering or question your symptoms.

At Johnson Attorneys Group, we don’t just see a file or a claim – we see a person who’s hurting and needs help. Our mission is to combine sharp legal strategy with a soft human touch. You’ll never feel alone or like “just another case.”

Here’s how we can support you:

We handle the deadlines, documents, and legal filings so you don’t have to stress
We gather strong evidence – from medical experts, therapists, accident reconstruction specialists, and anyone else who can support your story
We explain everything in plain language, so you’re always informed
We negotiate hard with insurance companies to get what you truly deserve
If trial is necessary, we’ll be ready to fight in court for full and fair compensation

Taking the Next Step Toward Healing

This is understandably a difficult time for you. You’re not just dealing with legal questions – you’re trying to rebuild your life, manage medical appointments, and adjust to new limitations.

If you or someone you love has suffered a traumatic brain injury in California, please know: You’re not alone, and you don’t have to face this legal journey without support. Whether your injury was caused by a car accident, slip-and-fall, workplace incident, or something else, we’re here to listen, to guide, and to fight for the justice and healing you deserve.

Contact Johnson Attorneys Group today to schedule your free consultation and discuss the details of your claim. Let us put our experience and dedication to work for you, so you can focus on healing and rebuilding your life. When we take on your case, we’re committed to walking beside you every step of the way.