Traumatic Brain Injury Claims in California: Deadlines, Proof and Damages

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Who can be responsible for a brain injury

The legal theory depends on how the injury happened. California’s official civil jury instructions (CACI) set out what must be proved against each kind of defendant.

Assault cases deserve a closer look because the attacker may have no insurance or assets. Whether a business owner or landlord had a duty to guard against the crime is a question for the judge, and the jury then decides whether the security measures were adequate, according to the Directions for Use for CACI 1005, which rely on Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666. Under Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, quoted in the same notes, a duty to hire guards arises only when prior similar incidents or other signs show a heightened risk of violent assault there. Sports cases are harder: under Knight v. Jewett (1992) 3 Cal.4th 296, a co-participant is liable only for intentional harm or for recklessness totally outside the sport’s ordinary range (CACI 470).

If a vehicle crash caused the injury, our page on concussion or brain injury after a crash covers warning signs and insurance.

Deadlines for a TBI claim in California

The incapacity rule matters in brain injury cases because a severe TBI can leave an adult unable to make decisions. Whether it applies depends on medical evidence. See also our guide to the medical malpractice statute of limitations in California.

How doctors classify a TBI

The CDC defines a TBI as an injury that affects how the brain works. A mild TBI or concussion can come from a bump, blow or jolt to the head or body. Emergency teams often record a Glasgow Coma Scale (GCS) score, which rates eye opening, speech and movement from 3 to 15. A clinical reference published by the National Library of Medicine (StatPearls) grades severity this way:

The CDC says the effects of a mild TBI can be serious, and that people who have had repeated mild TBIs may have long-term problems with concentration, memory, headaches or balance. The National Institute of Neurological Disorders and Stroke says current imaging and blood tests cannot always detect damage from mild injuries, and the CDC notes that a brain scan is not needed to diagnose one. A normal emergency room CT scan does not settle whether a brain injury happened.

What CDC data show about TBI

The CDC counted about 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023 (CDC TBI data). Falls cause nearly half of TBI hospitalizations (CDC). Five years after a moderate or severe TBI, the CDC reports:

These are population figures and do not predict any one person’s recovery.

What damages a TBI claim can include

California damages are meant to compensate for all the harm the wrongful conduct caused (Civil Code § 3333). The CACI 3900 series sorts them this way:

Future medical costs must be for care the person is reasonably certain to need. For lost earning capacity, the jury compares what the person probably could have earned with what he or she can still earn, and no work history is required. Noneconomic damages have no fixed formula.

Past medical expenses must be both incurred and reasonable to be recovered. In Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, quoted in CACI 3903A, the California Supreme Court held that a privately insured plaintiff may recover no more than the amounts paid by the plaintiff or the insurer, or still owing.

An earlier concussion does not erase a claim. Under CACI 3927, a defendant pays for the extent its conduct made an existing condition worse.

In crash cases, Civil Code § 3333.4 bars noneconomic damages for a person convicted of DUI for that driving, or who owned an uninsured vehicle in the crash or drove without required financial responsibility. An uninsured owner hit by a driver convicted of DUI keeps that right.

How shared fault changes the amount

California uses pure comparative fault. Since Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a person who was partly at fault can still recover, with damages reduced by his or her share. If a jury finds the injured person 20% responsible, the award drops by 20%.

Proving a brain injury: testing and life care plans

Because scans can look normal, many claims rely on neuropsychological testing. Cleveland Clinic describes it as tests, often lasting several hours, that measure attention, memory, language, processing speed, reasoning and mood, interpreted by a neuropsychologist.

In litigation, results get close scrutiny. Performance validity tests, short tasks that check whether scores reflect real ability, are routine, especially for mild TBI. A review in Brain Injury (Bigler, 2014) cautions that a score just below a cutoff does not by itself prove exaggeration, since brain injury, depression and attention problems can affect performance.

For serious injuries, a life care plan lists the future care and treatment a person will need, with how often each item is needed and what it will cost over the person’s lifetime, according to an article in the Journal of the American Academy of Psychiatry and the Law (Missner and Cohen, 2019). The authors note that courts in federal and state jurisdictions have admitted these plans, and that a plan must rely on medical experts’ opinions and the best available medical evidence.

When medical care causes the brain injury

If medical negligence caused the brain injury, MICRA limits noneconomic damages. Civil Code § 3333.2, as amended by AB 35, covers cases filed or arbitrations demanded on or after January 1, 2023. The injury limit started at $350,000 and rises $40,000 each January 1 until it reaches $750,000 in 2033; the wrongful death limit started at $500,000 and rises $50,000 a year until it reaches $1,000,000. Both then rise 2% a year starting January 1, 2034. On that schedule, the 2026 limits are $470,000 for injury and $650,000 for death. Separate limits can apply to providers, institutions and certain unaffiliated defendants. The limit in effect at judgment, arbitration award or settlement controls. MICRA does not cap medical costs or lost earnings.

What this means for your case

Write down how the injury happened and who controlled the place or vehicle. Find out early whether a public agency had any role, because six months goes fast. Keep every medical record, including the GCS score and imaging, and go back to a doctor if symptoms continue after a normal scan. Save records of your pre-injury job duties and pay. Before signing a release, give your doctors time to judge whether symptoms will last, because a settlement usually ends the claim.

Beverly Law represents injured people across California from our office in Los Angeles; see our practice areas. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Related pages

Legal guides · California’s 3-foot passing law · California dog bite law · Los Angeles injury lawyers · California · Practice areas

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. Last reviewed: November 6, 2026.