3 FAQs About Filing a Brain Injury Claim

Sustaining any kind of brain injury is utterly devastating. Even minor head trauma can cause major damage that impacts both victims and their loved ones for years to come. 

If you or someone in your family is living with a brain injury, it’s only natural to want to turn back time. Of course, there’s no way to erase what happened, but there may be a way to protect your financial security in the aftermath.  

By filing a brain injury claim, you can seek compensation for virtually all the losses your family incurs as a result of the accident. Should you be thinking about doing so, here’s what you need to know before getting started:

What Kinds of Damages Should I Be Tracking After the Accident?

California tort law allows for the recovery of both direct expenses like medical care and indirect expenses like lost wages. The state also recognizes non-economic damages like emotional distress, loss of enjoyment in life, and pain and suffering. When dealing with a brain injury, such losses can feel utterly insurmountable.

To ensure you can pursue the maximum payout possible, save all documentation associated with your economic damages. Examples includes hospital bills, invoices for reasonably necessary replacement services, paystubs, and prior tax returns. As for tracking your non-economic damages, start a daily journal, and write detailed entries about your condition and how it’s hurting your quality of life.    

How Long Do I Have to File a Brain Injury Claim?

California typically gives personal injury claimants two years from the date on which they were hurt to bring the liable party to court. If their injuries were not apparent right away—brain damage in particular can have latent symptoms—they have one year from the date on which their injuries were discovered (or should have been discovered through reasonable diligence) to file a formal lawsuit.   

Because there are a few exceptions to these filing deadlines, however, it’s advisable to call a lawyer as soon as possible after the accident.

Should I Enlist Legal Help Before Putting Together My Claim? 

While personal injury claimants aren’t required to have legal representation, it’s often in their best interests to hire an attorney. A resourceful brain injury lawyer can handle every aspect of your claim—and advocate for you at every stage of the proceedings—so you can focus on your recovery. 

Your attorney will: 

  • Investigate the circumstances surrounding the accident, 
  • Compile evidence of liability, 
  • Log recoverable damages, 
  • Estimate a fair payout,
  • Correspond with the opposing party,
  • Negotiate for a settlement, and
  • Prepare your case for court if settling proves impossible.  

Speak with a California Brain Injury Attorney  

If you want to take action against a negligent or malicious party for causing you harm, you can count on the compassionate team at Harris Personal Injury Lawyers. We have helped more than 5,000 victims of personal injury and wrongful death seek what is rightfully theirs. Call 1-800-GO-HARRIS or fill out our Online Contact Form to set up a free case review with a brain injury lawyer in California.