Yes. If another person’s carelessness caused a brain injury, you can bring a claim against them and their insurer. California makes everyone responsible for harm caused by a lack of ordinary care (Civil Code 1714), and Texas and Washington follow the same basic negligence rules. Crashes, falls, assaults and unsafe property are common causes. A family member can often act for someone who cannot manage the case.
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What causes brain injuries that lead to lawsuits?
The CDC describes a traumatic brain injury as an injury that affects how the brain works, and notes it can be caused by a bump, blow or jolt to the head, or by a hit to the body that makes the head and brain move quickly back and forth (CDC). Common sources of claims include:
- Car, truck, motorcycle and pedestrian crashes.
- Falls on unsafe floors, stairs or construction sites.
- Defective helmets, vehicles or equipment.
- Assaults where a property owner failed to provide reasonable security.
- Medical errors, such as a delayed diagnosis of bleeding in the brain.
The claim is against whoever caused the injury, and usually against that person’s insurance.
How do you prove a brain injury claim?
You have to show that someone failed to use reasonable care, that this caused the injury, and what the injury has cost you. Brain injuries can be harder to prove than a broken bone because scans may look normal. Mayo Clinic notes that mild injuries can cause headaches, memory problems, mood changes and trouble concentrating, while moderate to severe injuries can cause long-lasting problems with thinking, memory and communication (Mayo Clinic).
That is why the medical record matters. Evidence often includes ER notes, imaging, a neurologist’s findings, neuropsychological testing, and statements from family and coworkers about how the person changed. MedlinePlus has an overview of diagnosis and treatment (MedlinePlus).
What damages can a brain injury claim include?
Brain injuries can affect every part of life, so damages may be large. In California, a jury can award past and future medical expenses, past and future lost earnings, and past and future pain, suffering, mental anguish and loss of enjoyment of life (CACI 3903A, 3903C, 3905A). Future care may include therapy, in-home help, assistive devices and lost career paths.
How fault and medical bills are handled depends on the state:
- California uses pure comparative fault: an injured person who shares blame still recovers a reduced amount (B.B. v. County of Los Angeles).
- Texas bars recovery for a claimant found more than half at fault (CPRC 33.001) and caps medical expense recovery at the amount actually paid or incurred (CPRC 41.0105).
- Washington lowers damages by the claimant’s share of fault without cutting off the claim (RCW 4.22.005).
Who can sue if the injured person cannot?
A serious brain injury can leave someone unable to make decisions. In that case, a guardian, conservator or court-appointed representative can bring the claim for them. For children, a parent or guardian usually brings it.
Brain injury can also affect the deadline. California pauses the time to sue while the injured person is under 18 or lacks the legal capacity to make decisions (CCP 352), and Texas has a similar rule for minors and people of unsound mind (CPRC 16.001). These rules are narrow, so do not count on them without legal advice.
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Why should you act early in a brain injury case?
Insurers often argue that symptoms come from something else or were there before the accident. Early medical visits, consistent reporting of symptoms, and witnesses who knew the person before the injury make that argument harder. Settling too soon is a real risk: the full effect of a brain injury may not be clear for months.
Changes in personality, patience or memory are often noticed first by the people closest to the injured person, not by the person themselves. Their observations can matter as much as any scan. A short written account from a spouse, parent or supervisor, describing what the person could do before the accident and what they struggle with now, helps doctors and insurers understand the real effect of the injury on work, family and daily life.
What to do now
- Get medical care and ask about a referral to a neurologist.
- Keep a daily log of headaches, memory lapses, mood and sleep.
- Ask family and coworkers to write down changes they notice.
- Save every bill, test result and missed-work record.
- Do not sign a release or accept a quick settlement.
- If the injured person cannot decide, ask about a guardian or conservator.
- Talk to a lawyer about the deadline in your state.
Talk to us
If you or someone you love has a brain injury after an accident, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
How long do I have to sue for a brain injury?
Generally two years in California (CCP 335.1) and in Texas (CPRC 16.003), and three years in Washington (RCW 4.16.080). See also California Courts.
What if a government agency caused the injury?
In California, a claim against a public entity usually must be filed within six months (Gov. Code 911.2).
Can I sue for a mild brain injury or concussion?
Yes. A mild injury can still cause weeks or months of symptoms and lost work.
What if my scans were normal?
Many brain injuries do not show on a CT scan. Testing and your symptoms can still support the claim.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Texas brain injury claims: damages · Concussion or brain injury after a crash · California spinal cord injury claims: damages · Personal injury questions · Law Blog
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Sources
- CDC, About traumatic brain injury
- Mayo Clinic, Traumatic brain injury: symptoms and causes
- MedlinePlus, Traumatic brain injury
- MedlinePlus en español, Lesiones cerebrales traumáticas
- Cal. Civil Code 1714
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 3903A, 3903C, 3905A
- Cal. Code of Civil Procedure 335.1
- Cal. Code of Civil Procedure 352
- Cal. Government Code 911.2
- B.B. v. County of Los Angeles (Cal. 2020)
- Tex. Civ. Prac. & Rem. Code 16.001 and 16.003
- Tex. Civ. Prac. & Rem. Code 33.001
- Tex. Civ. Prac. & Rem. Code 41.0105
- RCW 4.16.080
- RCW 4.22.005
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.