By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Head or brain injury in California?
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What to do after a head injury in California
Get checked the same day. The CDC says to call 911 or go to an emergency department right away if, after a blow or jolt to the head, a person has any of these danger signs (CDC):
- A headache that gets worse and does not go away
- Weakness, numbness, decreased coordination, convulsions or seizures
- Repeated vomiting
- Slurred speech or unusual behavior
- One pupil larger than the other
- Not recognizing people or places, or being confused, restless or agitated
- Losing consciousness, looking very drowsy or not waking up
Some symptoms show up right away, and others may not appear for hours or days after the injury. Our page on head injury danger signs has more, and concussion or brain injury after a crash covers car cases.
- Tell every provider you hit your head, even if you felt fine at the scene, so the records connect your symptoms to the injury.
- Write down changes you notice: memory lapses, headaches, trouble at work, mood changes. Ask family members to note what they see.
- Get the police or incident report.
- Do not give a recorded statement to the other side’s insurer before you get advice. A fresh brain injury can blur memory, and the statement can be used later.
How brain injuries happen in California
Nationally, there were about 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023 (CDC TBI data). Falls lead to nearly half of TBI-related hospitalizations, and motor vehicle crashes and assaults are other common causes (CDC).
California’s own hospital data show the same pattern by age. Using 2022 records from the Department of Health Care Access and Information, the California Department of Public Health counted 33,626 emergency visits and 4,827 hospitalizations for TBI among Californians aged 0 to 24. Falls were the leading cause of TBI emergency visits for children under 10, and motor vehicle traffic was the leading cause of TBI hospitalizations for ages 10 through 24 (CDPH, TBI in Young Californians, 2022). Among adults 55 and older, unintentional falls were the most common cause of TBI deaths, hospitalizations and emergency visits in 2021 (CDPH, TBI Among Older Californians, 2021).
Our news desk has covered these injuries. In East Oakland, a woman walking a dog in a crosswalk suffered a traumatic brain injury and facial fractures when a car, allegedly taken by a 6-year-old boy, hit her; a month later she was relearning to walk, speak and eat (Oakland, 35th Avenue). In Sacramento, a driver going through a green light at 9th and T streets suffered a serious brain injury and later died; a jury convicted the other driver of second-degree murder (Sacramento, 9th and T).
See also our car accident, motorcycle accident, pedestrian accident and slip and fall pages, and local pages for Los Angeles pedestrian accidents, Los Angeles motorcycle accidents and Santa Ana pedestrian accidents.
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California law: deadlines, children and fault
Two years to sue. A lawsuit for injury to, or the death of, a person caused by another’s wrongful act or neglect must be filed within two years (CCP § 335.1). Families who lost someone should read our California wrongful death deadline page.
Injured children. If the injured person was a minor when the claim arose, the time before they turn 18 does not count against the deadline (CCP § 352(a)). That pause does not apply to a claim that must first be presented to a public entity (§ 352(b)). A child hurt by a city bus still faces the six-month rule below.
Public entities: six months. A claim for personal injury against a public entity must be presented within six months (Gov. Code § 911.2). “Local public entity” covers any county, city, district or other public agency (§ 900.4). If you miss six months, you can apply for leave to present a late claim within a reasonable time, no later than one year (§ 911.4). After a written rejection, you have six months to sue; if no proper notice is sent, two years (§ 945.6).
Pure comparative fault. Your own negligence reduces your damages in proportion to your share but does not bar recovery (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). A rider without a helmet or a pedestrian outside a crosswalk can still recover. See comparative fault in California, Texas and Washington and our helmet law page.
Damages in a California brain injury case
The MICRA cap has a narrow reach. Civil Code § 3333.2 limits non-economic damages (pain, suffering, loss of enjoyment of life) in an injury case that does not involve a death. The limit started at $350,000 for cases filed on or after January 1, 2023, and rises by $40,000 each January 1 ($470,000 in 2026); the amount in effect at judgment or settlement applies. It applies only to an action against a health care provider or institution based on professional negligence (Civ. Code § 3333.2). A brain injury from a crash, a fall or an assault is a different kind of claim.
Proposition 51 and several defendants. When more than one party is at fault, each defendant’s liability for non-economic damages is several only. Each pays the share that matches its percentage of fault (Civ. Code § 1431.2). Voters added this rule in 1986 through Proposition 51 (DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593). Economic damages such as medical care and lost earnings are not split this way. That matters when one defendant is well insured and another has a minimum policy.
Medical bills. When private insurance paid your bills, you recover no more than the amounts paid by you or your insurer, not the full billed amount (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541). Future care, lost earning capacity and pain and suffering are proved separately and are often the largest part of a TBI claim. Our California traumatic brain injury claims guide and what a brain injury case is worth explain how these figures are built.
Proving a brain injury that does not show on a scan
The NIH’s National Institute of Neurological Disorders and Stroke says imaging, blood tests and other clinically validated measures cannot always detect damage from mild, concussive injuries, and that MRI picks up subtler changes than a CT scan may (NINDS). A normal CT in the emergency room does not end a claim.
A mild TBI case usually rests on follow-up records, specialist testing and people who can describe the change in you. Read mild traumatic brain injury claims, is a concussion a TBI and how to prove a traumatic brain injury. If you cannot work, see disability benefits for a brain injury.
School sports concussions in California
If a school district, charter school or private school offers an athletic program, an athlete suspected of a concussion or head injury must be removed from the activity for the rest of the day. The athlete cannot return until a licensed health care provider trained in concussion management gives written clearance, and a confirmed concussion requires a graduated return-to-play protocol of at least seven days. Each year the athlete and a parent must sign a concussion information sheet (Educ. Code § 49475). It does not cover activities during the regular school day.
If your child was hurt at a school game or practice, ask the school for the signed information sheet and any removal and clearance records. A claim against a public school district starts with the six-month government claim.
California, Texas and Washington compared
| State | Deadline to sue | Injured child | Your share of fault | Several defendants | Damages rules worth knowing | Youth sports concussion law |
|---|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6-month claim against a public entity (Gov. Code § 911.2) | Lawsuit clock paused until 18 (CCP § 352), but not for government claims | Reduces the award, never bars it (Li v. Yellow Cab) | Each pays only its share of non-economic damages (Civ. Code § 1431.2) | Pain and suffering cap applies only to medical negligence (Civ. Code § 3333.2); medical bills measured by amounts paid (Howell) | Educ. Code § 49475 |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Clock paused until 18 (CPRC § 16.001) | Barred if more than 50% (CPRC § 33.001) | A defendant over 50% at fault pays all recoverable damages (CPRC § 33.013) | Medical expenses limited to amounts paid or incurred (CPRC § 41.0105); punitive damages capped (CPRC § 41.008) | Natasha’s Law, Educ. Code ch. 38, subch. D (HB 2038) |
| Washington | 3 years (RCW 4.16.080); claim and 60-day wait for government (RCW 4.96.020) | Clock paused until 18 (RCW 4.16.190) | Reduces the award, never bars it (RCW 4.22.005) | Joint and several only if you were not at fault (RCW 4.22.070) | Cap on non-economic damages struck down (Sofie v. Fibreboard); no punitive damages without a statute (Dailey) | Zackery Lystedt law (RCW 28A.600.190) |
California’s six-month claim against public entities is the shortest deadline in the table, and it applies to children too.
Related pages
- Texas brain injury lawyer
- Washington brain injury lawyer
- Traumatic brain injury claims in California
- How long brain injury cases take
- California car accident lawyer
- Areas we serve in California
Common questions
How long do I have to file a brain injury lawsuit in California?
Two years from the injury (CCP § 335.1). If a public entity is responsible, a written claim is due within six months (Gov. Code § 911.2), and a late-claim application must be made within one year at most (Gov. Code § 911.4).
My child has a brain injury. Is the deadline different?
For a lawsuit against a private party, the time before the child turns 18 is not counted (CCP § 352(a)). That pause does not apply to a claim against a public entity, so the six-month claim rule still applies (CCP § 352(b)).
Is there a cap on pain and suffering for a brain injury in California?
The cap in Civil Code § 3333.2 applies only to actions against health care providers or institutions for professional negligence. It does not apply to a brain injury caused by a crash, a fall or an assault.
The CT scan was normal. Can I still have a brain injury claim?
Yes. NIH’s NINDS notes that current imaging and tests cannot always detect damage from mild, concussive injuries, and that MRI can show changes a CT may miss. Medical follow-up and testing build the record.
What if I was partly at fault, like riding without a helmet?
California uses pure comparative fault. Your damages are reduced by your share of fault, but you can still recover (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
What are the danger signs after a head injury?
The CDC lists a worsening headache, repeated vomiting, slurred speech, unequal pupils, seizures, confusion and unusual drowsiness. Call 911 or go to an emergency department.
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Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 352
- Cal. Gov. Code § 900.4
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 911.4
- Cal. Gov. Code § 945.6
- Cal. Civ. Code § 1431.2
- Cal. Civ. Code § 3333.2
- Cal. Educ. Code § 49475
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
- DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593
- CDC, TBI Data (hospitalizations 2020, deaths 2023)
- CDC, Facts About TBI
- CDC, Symptoms of Mild TBI and Concussion (danger signs)
- NIH, National Institute of Neurological Disorders and Stroke, Traumatic Brain Injury
- California Department of Public Health, Traumatic Brain Injury in Young Californians Aged 0-24, 2022
- California Department of Public Health, Traumatic Brain Injury Among Older Californians, 2021
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.