Can I Sue for a Brain Injury Caused by a Car Accident?

The moments following a serious car accident can be chaotic. You might feel shaken but otherwise unharmed, only to experience dizziness, headaches, or memory problems days later. Brain injuries, even those classified as mild concussions, can have devastating long-term effects.

You may be entitled to compensation if another driver’s negligence caused your accident. But how do you prove your case? What challenges might arise? And how can an auto accident attorney in Beverly Hills help you maximize your claim?

Understanding Brain Injuries After a Car Accident

Traumatic brain injuries (TBIs) can range from mild concussions to severe damage requiring long-term medical care.

According to the Centers for Disease Control and Prevention (CDC), approximately 190 Americans die from TBI-related injuries every day. Car accidents are among the leading causes of these injuries, as sudden impact or violent jolts can cause the brain to collide with the skull.

Common symptoms of brain injuries include:

• Persistent headaches
• Dizziness and nausea
• Memory loss
• Mood swings or personality changes
• Difficulty concentrating

Many brain injuries do not show immediate symptoms. This is why seeking medical attention after an accident is critical—not only for your health but also to establish medical records if you pursue legal action.

Your Right to Sue for a Brain Injury in California

If another driver caused the accident that led to your brain injury, you can file a personal injury lawsuit against them. California law operates under a fault-based system, meaning the driver who caused the accident is financially responsible for damages.

The key elements of a successful brain injury claim include:

1. Proving negligence – You must establish that the at-fault driver acted negligently, such as by speeding, running a red light, or driving under the influence.
2. Causation – Medical records and expert testimony must connect the car accident directly to your brain injury.
3. Damages – Your claim must outline medical expenses, lost wages, rehabilitation costs, and emotional suffering.

A brain injury lawyer in Beverly Hills can help gather the necessary evidence, work with medical experts, and negotiate with insurance companies to ensure you receive fair compensation.

California Laws That Impact Brain Injury Claims

Several California laws influence brain injury lawsuits:

• Comparative Negligence Law (California Civil Code Section 1714) – California follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you were found 20% responsible for the accident, your compensation would be reduced by 20%.
• Statute of Limitations (California Code of Civil Procedure Section 335.1) – You generally have two years from the accident date to file a personal injury lawsuit. Failure to meet this deadline, you may lose your right to seek compensation.
• Insurance Requirements (California Vehicle Code Section 16056) – California requires drivers to carry minimum liability insurance of $15,000 per person and $30,000 per accident for bodily injury. However, many accidents involve uninsured or underinsured drivers. In these cases, a Beverly Hills car accident lawyer can help explore other options, such as filing a claim under your own uninsured/underinsured motorist coverage.

Compensation You Can Recover in a Brain Injury Lawsuit

Brain injury cases often result in substantial settlements or verdicts due to the high cost of medical care and long-term rehabilitation. You may be entitled to compensation for:

• Medical expenses – Emergency treatment, surgeries, hospital stays, medications, and ongoing therapy
• Lost wages – Income lost during recovery and potential future earnings
• Pain and suffering – Emotional distress, cognitive impairments, and diminished quality of life
• Punitive damages – In cases involving extreme negligence, such as drunk driving

Because brain injuries often result in lifelong challenges, working with an experienced accident law firm in Beverly Hills can make a significant difference in the outcome of your claim.

Challenges in Proving Brain Injury Claims

Brain injuries are not always visible on traditional imaging scans, unlike broken bones. Insurance companies may argue that your symptoms are unrelated to the accident or pre-existing.

They may also attempt to downplay the severity of your injury. To counter these tactics, a brain injury lawyer in Beverly Hills can:

• Work with neurologists and medical specialists to prove the injury’s severity
• Gather eyewitness testimony and accident reconstruction reports
• Secure expert opinions on how the injury affects your ability to work and perform daily activities
• Fight back against insurance companies offering lowball settlements

What to Do If You Suffer a Brain Injury in a Car Accident

If you or a loved one has suffered a brain injury in a car accident, taking the proper steps can protect your health and legal rights:

1. Seek medical attention immediately – Early treatment is essential even if symptoms seem mild.
2. Follow medical advice – Adhere to treatment plans, including rest and rehabilitation.
3. Document everything – Keep medical records, accident reports, and a journal of your symptoms.
4. Avoid speaking to insurance adjusters without legal counsel – Insurance companies may try to minimize your claim.
5. Consult an attorney – A Beverly Hills car accident lawyer can assess your case and guide you through the legal process.

Recovering Compensation After a Brain Injury

Brain injuries from car accidents can have life-altering consequences, affecting your health, career, and overall well-being.

If another driver’s negligence caused your injury, you can seek compensation for your medical expenses, lost wages, and emotional suffering. However, these cases can be complex, requiring strong medical evidence and skilled legal advocacy.

An experienced auto accident attorney in Beverly Hills can fight for your rights, negotiate with insurance companies, and take your case to court if necessary. If you or a loved one has suffered a brain injury, don’t wait—reach out to a trusted accident law firm in Beverly Hills today to discuss your legal options.