Brain Injuries Caused by Car Accidents | Los Angeles TBI Attorney

Millions of people are injured in motor vehicle crashes in the United States every year. According to the National Safety Council, roughly 4.9 million people suffered medically consulted traffic injuries in 2024 alone. Among the injuries a crash can cause, brain injuries are some of the most devastating — and the most aggressively disputed by insurers. Drivers and passengers alike can suffer serious brain trauma that permanently alters the course of their lives, and those victims may be entitled to substantial compensation for their losses.

This page explains what a traumatic brain injury is, the types and symptoms doctors look for after a crash, how TBIs are diagnosed and treated, and — just as importantly — how a California brain injury claim works: who is liable, what the claim is worth, how insurers fight these cases, and how an experienced lawyer proves them. If you want a head start on valuation, see our guide on how much a brain injury claim is worth in California.

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury occurs when a sudden, external force damages the brain. Johns Hopkins Medicine identifies TBIs as among the leading causes of death and disability in adults. A TBI can be focal (confined to one area) or diffuse (spread across regions), and can range from a mild concussion to a severe injury causing permanent disability, coma, or death. For a broader overview of how these claims are handled, visit our Los Angeles brain injury practice page.

Crash-related TBIs often involve both a primary injury and a secondary injury. The primary injury happens at the moment of impact — the force of the collision or a blow to the head causes the brain to move violently inside the skull and strike its bony interior. A victim may initially appear fine. But as the brain swells and presses against the skull, blood flow and oxygen to parts of the brain can be reduced, producing a secondary injury that worsens over hours or days. This is why prompt medical evaluation after any crash is critical, even when symptoms seem minor.

Types of TBIs From Car Accidents

The Cleveland Clinic classifies TBIs as either open (penetrating) or closed (non-penetrating) injuries. A closed TBI results from a blow or jolt that does not break the skull; an open TBI occurs when an object penetrates the skull and directly damages brain tissue. Depending on the severity of the primary injury, a crash victim may suffer one or more of the following:

Concussion

Concussions are mild to moderate TBIs that may cause temporary confusion and problems with balance, vision, speech, or memory. They are the most common type of TBI. Even a concussion requires treatment — an untreated concussion can lead to lasting damage.

Contusion

A contusion is a bruise on the brain caused by bleeding after a blow to the head. People who suffer concussions often also suffer contusions. Surgery may be required to stop bleeding and relieve pressure. Severity depends on the contusion’s location, size, and duration.

Coup-Contrecoup Brain Injury

A coup-contrecoup injury occurs when the brain strikes the opposite side of the skull from the point of impact. These injuries often produce immediate symptoms, tend to be more severe, and frequently require extensive treatment.

Diffuse Axonal Injury (DAI)

A diffuse axonal injury occurs when the brain is violently jostled inside the skull, tearing the axons that connect nerve cells throughout the brain. Extensive axonal tearing can cause varying degrees of damage and can be fatal.

Hematoma

A hematoma forms when blood vessels rupture and blood begins to clot. Large hematomas can place significant pressure on the brain and may require surgical removal to prevent further damage.

Traumatic Subarachnoid Hemorrhage (TSAH)

A traumatic subarachnoid hemorrhage involves bleeding into the space between the brain and skull that is normally filled with cerebrospinal fluid. The blood irritates brain tissue and increases pressure, while the area normally fed by the torn vessels is deprived of oxygenated blood — a combination that can cause widespread damage.

Symptoms of a TBI Following a Car Crash

Because a primary injury can worsen without prompt medical intervention, anyone who may have suffered a head injury in a crash should seek immediate medical attention. Warning signs that warrant emergency care include:

• Confusion or disorientation
• Dizziness or loss of balance
• Excessive fatigue or inability to wake from sleep
• Headache that persists or worsens
• Irritability or mood and personality changes
• Loss of consciousness
• Inability to concentrate or memory loss
• Nausea, vomiting, or seizures

Because every TBI is different, symptoms vary. A focal injury may produce symptoms tied to a specific brain region, while a diffuse injury typically produces a reduced level of consciousness. Critically, many TBI symptoms are delayed — they can surface hours or days after the crash, which is exactly why same-day medical documentation matters so much to both your health and your claim.

How TBIs Are Diagnosed After Car Crashes

Because symptoms vary, doctors rely on a combination of clinical observation, imaging, and standardized assessments to diagnose a TBI. The most common tools include:

Computerized Tomography (CT) Scan

A CT scan combines multiple X-rays into a detailed image of the brain’s structures and is used to detect bleeding, fractures, and hematomas. CT scans may be repeated throughout treatment to guide medical decisions.

Magnetic Resonance Imaging (MRI)

An MRI uses radiofrequency waves and magnetic fields to produce detailed images of brain tissue, revealing subtle details a CT scan may miss. A contrast dye is sometimes used for additional detail.

Magnetic Resonance Spectroscopy (MRS)

MRS uses an MRI machine to assess the brain’s metabolism, giving doctors information about a patient’s prognosis and likelihood of recovery.

Intracranial Pressure Monitoring

When swelling has occurred, doctors may insert a probe to monitor pressure inside the skull. Pressure can be relieved with the surgical placement of a shunt.

Glasgow Coma Scale

TBI severity is commonly scored on the Glasgow Coma Scale (3 to 15) based on the patient’s ability to open the eyes, respond to questions, and follow commands:

• Severe TBI – 8 and below
• Moderate TBI – 9 to 12
• Mild TBI – 13 to 15

How TBIs From Car Crashes Are Treated

Treatment depends on the type and severity of the injury. A mild concussion may call for rest and a careful, gradual return to activity — returning to work too soon can worsen the injury and slow recovery. More severe TBIs may require:

• Surgery to remove hematomas or pooled blood
• Placement of a shunt to reduce pressure
• Surgical repair of a skull fracture
• Anticonvulsant drugs to prevent seizures
• Anti-anxiety or antidepressant medications
• Anticoagulants to prevent blood clots
• Diuretics to reduce fluid buildup on the brain
• Ongoing rehabilitation — physical, occupational, and speech-language therapy

In the most serious cases, a person who sustains a TBI in a car accident may require ongoing care for the rest of their life — a reality that has a direct and substantial effect on the value of a claim.

Who Is Liable for a Brain Injury Car Accident in California?

To recover compensation, you must show that another party’s negligence caused the crash. Liability is rarely limited to a single driver. Depending on the facts, responsible parties can include the at-fault motorist, that driver’s employer (if they were working at the time), a vehicle or parts manufacturer in a defect case, or a government entity responsible for a dangerous roadway. Identifying every viable defendant is one of the most important early tasks in a serious TBI case, because it often determines how much insurance coverage is actually available. For background on the underlying crash claim, see our Los Angeles car accident page.

Pure Comparative Negligence (Li v. Yellow Cab Co., 1975)

California follows a pure comparative negligence rule established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. You can recover damages even if you were partly — even mostly — at fault, but your recovery is reduced by your percentage of fault. If a jury values your case at $1,000,000 and finds you 20% at fault, you recover $800,000. Insurance adjusters routinely try to assign an inflated share of fault to brain-injured claimants; an experienced lawyer pushes back with the police report, witness statements, and crash-reconstruction evidence.

Damages You Can Recover in a California TBI Claim

Brain injury claims are among the highest-value personal injury cases precisely because the losses are so far-reaching. California recognizes three categories of damages:

Economic Damages

These are quantifiable financial losses, and in a serious TBI they can be enormous:

• Past and future medical expenses — emergency care, neurosurgery, hospitalization, and medication
• A life-care plan projecting decades of rehabilitation, attendant care, and assistive technology
• Lost wages and lost earning capacity, including diminished ability to work in the same field
• Out-of-pocket costs — transportation, home modifications, and in-home support

Non-Economic Damages

California Civil Jury Instruction (CACI) 3905A covers non-economic harm, which in TBI cases is often the largest component of a verdict. Unlike medical malpractice cases, California does not cap non-economic damages in standard auto cases. These include physical pain and suffering, cognitive and personality changes, loss of enjoyment of life, emotional distress, and loss of consortium for a spouse. Because a brain injury can change who a person fundamentally is, the human losses can dwarf the medical bills.

Punitive Damages

Under California Civil Code § 3294, punitive damages are available where a defendant acted with malice, oppression, or fraud. In crash cases, they most commonly arise in DUI and extreme reckless-driving cases, and can substantially increase total recovery on top of compensatory damages.

Wrongful Death

When a brain injury proves fatal, surviving family members may bring a California wrongful death claim under Code of Civil Procedure § 377.60 to recover funeral and burial expenses, lost financial support, lost household services, and the loss of love, companionship, and moral support.

How Long You Have to File a TBI Claim in California

California deadlines are strict, and missing one can permanently bar an otherwise strong claim:

• Two years from the date of the crash for a personal injury lawsuit (Code of Civil Procedure § 335.1).
• Six months to file a government tort claim if a public entity, employee, or dangerous roadway condition is involved (Government Code § 911.2).
• Three years for property damage only (Code of Civil Procedure § 338).

Because a TBI victim may be hospitalized, cognitively impaired, or unaware of the full extent of their injury for weeks, families should consult a lawyer as early as possible to preserve evidence and protect these deadlines.

How Insurance Companies Fight Brain Injury Claims

TBI claims are disputed more aggressively than almost any other injury type — in part because the injury is often invisible on the surface. Watch for these tactics:

• The “you look fine” defense — arguing that because you can walk and talk, you can’t be seriously injured, ignoring the cognitive and emotional reality of a TBI.
• The malingering accusation — hiring defense medical experts to claim a victim is exaggerating or faking symptoms.
• The mild-TBI minimization — treating a “mild” TBI as trivial, when even mild TBIs can cause lasting impairment.
• The delayed-symptom argument — using the gap between the crash and symptom onset to dispute causation.
• The pre-existing condition argument — combing your medical history to blame prior conditions for your symptoms.
• The treatment-gap argument — pointing to any delay or lapse in care to suggest you weren’t really hurt.

How an Attorney Proves a Traumatic Brain Injury

Winning a disputed TBI case requires building objective, well-documented proof. That typically means assembling a team of experts — a neurologist or neurosurgeon to explain the injury and prognosis, a neuropsychologist to administer testing that documents cognitive deficits, a life-care planner to project future needs, and an economist to value lost earning capacity. Advanced imaging, treating-physician records, and testimony from family and coworkers about how the person has changed all reinforce the picture. Because a TBI so often overlaps with neck and back trauma, related spinal cord injuries are frequently part of the same claim and should be evaluated together.

Verified Case Result

Why Choose Steven M. Sweat for Your TBI Case

Steven M. Sweat has spent more than 30 years representing injured plaintiffs — never insurance companies — throughout Los Angeles and California. He has been selected to Super Lawyers consecutively since 2012, holds an Avvo 10.0 rating, and is a member of the Multi-Million Dollar Advocates Forum and the National Trial Lawyers Top 100. The firm handles brain injury cases on a contingency-fee basis, advancing the cost of the medical and economic experts these cases require, and serves clients in both English and Spanish.

Frequently Asked Questions

Speak With an Experienced California Brain Injury Lawyer

Traumatic brain injuries can be life-altering, and the claims are among the most heavily contested in personal injury law. If you or a loved one suffered a brain injury in a crash caused by another party’s negligence, the team at Steven M. Sweat, Personal Injury Lawyers, APC can help. Call 1-866-966-5240 or request a free consultation — available 24/7, with no fee unless we recover for you.

Sources

• National Safety Council — Motor Vehicle Injury Facts
• Johns Hopkins Medicine — Traumatic Brain Injury
• Cleveland Clinic — Traumatic Brain Injury