Concussion and TBI Claims in California: What to Do After a Crash

"What should I do after a concussion or TBI in a California crash?"

March is Brain Injury Awareness Month. This is your California game plan

March is Brain Injury Awareness Month. It is a good reminder that brain injuries are not always obvious right away. After a crash, fall, or impact to the head, you can look fine and still have a concussion or traumatic brain injury (TBI). In California, delayed symptoms are also one of the biggest reasons brain injury claims get questioned later, so early documentation matters.

This article explains what concussion and TBI symptoms can look like, what steps to take after a crash, and what proof is often used to support a brain injury claim in California.

What is a Concussion or Traumatic Brain Injury (TBI)?

A concussion is often described as a mild traumatic brain injury. A TBI is a disruption in normal brain function caused by a bump, blow, or jolt to the head, or a penetrating head injury. You do not need a visible head wound for a real brain injury. A violent jolt in a collision can be enough.

Why Symptoms May Show Up Later

Concussion signs and symptoms may not show up right away. Some people notice changes hours or days later. That delay can lead people to wait on care, and it can also give insurance companies room to argue the injury did not come from the crash.

If you feel off after an accident, treat that as a signal to get evaluated and start tracking symptoms.

Symptoms People Often Dismiss After a Crash

Concussions and mild TBIs can go undiagnosed for months and some symptoms may not occur immediately after an accident. Symptoms can affect thinking, mood, sleep, and daily functioning.

Common Symptoms Listed:

• Concentration problems and attention difficulties

• Headaches, including migraine headaches

• Dizziness

• Irritability

• Depression and anxiety

• Insomnia, fatigue, and sleep disturbances

• Nausea

• Blurred vision

• Emotional control problems and loss of initiative

• Seizure

• Employment problems, relationship problems, and orientation problems

Even mild injuries can be serious. The service page notes that mild TBIs occurring multiple times over an extended period can result in cumulative neurological and cognitive deficits, and mild TBIs occurring within a short period of time can be catastrophic or fatal.

What Severe but Non Fatal TBI Can Look Like

A severe TBI may involve a longer period of unconsciousness (coma) or amnesia. It can lead to short term or long term problems that affect:

• Cognitive function, such as attention, reasoning, and memory

• Motor function, such as weakness, coordination, and balance

• Sensation, such as balance, vision, hearing, perception, and touch

• Emotion, such as depression, anxiety, personality changes, aggression, and impulse control

Our Brain Injury Service Page also explains that severe TBI can cause epilepsy and may increase the risk for other brain disorders.

What to do After a Crash if You Suspect a Concussion or TBI

These steps protect your health and help create a clear timeline if you later need to prove a claim:

1. Get medical care as soon as you can. Even if symptoms feel mild, get evaluated.

2. Follow your provider’s instructions and go to follow up appointments.

3. Start a daily symptom log for at least two weeks. Keep it simple. Write down headaches, sleep, mood, dizziness, focus, nausea, and vision changes.

4. Save every medical record. This includes ER or urgent care notes, discharge paperwork, imaging orders, referrals, prescriptions, and work notes.

5. Document the crash. Take photos of vehicles, the scene, and visible injuries. Save witness names and contact information.

6. Preserve physical evidence when relevant. Helmet damage, bike damage, and anything that shows impact can matter.

7. Be careful when speaking to insurance. Do not guess and do not downplay symptoms. Stick to what you know and what your providers document.

8. If a public entity may be involved, treat the situation as time sensitive. Public transit, dangerous intersections, missing signage, and public hospitals can trigger special claim rules.

How Brain Injuries Are Proven in Court

Brain injury cases often come down to proof. The Dolan Law Firm service page explains that evidence used in a TBI lawsuit often includes medical records and several key tools:

• CT Scans: described as extremely reliable in detecting acute brain trauma by revealing bleeding or swelling. The page also notes a drawback: CT scans are not reliable for detecting some mild forms of TBI, including concussions not accompanied by bleeding or swelling.
• Glasgow Coma Score (GCS): Health care providers may use the Glasgow Coma Score to assess severity after head trauma or impaired consciousness. The service page explains that lower scores indicate a more severe TBI.
• Diffusion Tensor Imaging (DTI): The service page describes Diffusion Tensor Imaging as a test that measures diffusion of water in the brain and can be more conclusive than a CT scan.
• Neuropsychological evaluations: The service page explains that standard neuropsychological evaluations, usually interviews and physical examinations to test for signs and symptoms, can help prove TBI.

Real life impact documentation also matters. Even when imaging is limited, a claim becomes harder to dismiss when you can show how your life changed, such as:

1. Missed work, reduced performance, or new limitations

2. Memory issues, trouble focusing, or word finding difficulty

3. Sleep problems, mood changes, or personality changes

4. Difficulty handling normal routines, driving, or household tasks

5. Notes from family or close friends describing noticeable changes

California Deadlines that can Affect Brain Injury Claims

Deadlines depend on the facts, but two time limits come up often:

1. Many California personal injury cases must be filed within two years under California Code of Civil Procedure section 335.1.

2. If a public entity may be responsible, a separate government claim deadline can apply. For personal injury claims against a public entity, the claim is generally required within six months under Government Code section 911.2.

This matters for brain injury cases because the Dolan Law Firm service page specifically discusses pursuing cases against powerful defendants, including cities, counties, and other public agencies.

If you suspect a concussion or traumatic brain injury after a crash, a consultation can help you understand what documentation matters, what proof may support a claim, and what deadlines may apply.

Disclaimer: This article is for informational purposes only and is not legal advice.