Our Orange County brain injury lawyers at Bisnar Chase have decades of experience fighting for the rights of injury victims. We handle brain injury cases of all types, from relatively minor concussions to catastrophic and life-altering impacts.
Our team has handled countless severe brain injury cases. These injuries can be life-changing, but we believe no family should suffer these effects without help. We are plaintiff attorneys, offering superior representation to injury victims and their family members to ensure they are compensated adequately after an accident.
The Best Brain Injury Lawyers Near You in Orange County
Bisnar Chase is a top-rated law firm with a team of talented trial lawyers and paralegals ready to handle even the toughest cases. We have a track record of success, and our numbers speak for themselves.
- Our firm has a 99% success rate.
- 6 locations to find an injury lawyer near you
- We have recovered over $1 billion for our clients.
- Based in Orange County since 1978, with decades of experience.
- Offering a free consultation and a no-win, no-fee promise.
If someone else’s negligence caused your brain injury, you or your family should not have to suffer. Our team is here to help you handle the complex legal process while you focus on recovery.
Our legal team and highly skilled Orange County personal injury lawyers recognize the significance of having the right individuals by your side. We offer the support and guidance you need while maximizing your compensation. Please call us at (949) 203-3814 or email us for a free case consultation with no obligations.
Severe Brain Injury Lawyers Orange County
How Long Do I Have to File a Brain Injury Claim in Orange County?
A complaint must be filed in court within two years; this is not the time to “think about it.” Expert work, insurance negotiations, and medical care all reduce that window.
The discovery rule may move the start date to when you knew, or reasonably should have known, that you were hurt and that someone else’s actions caused it if the TBI was not immediately apparent (delayed cognitive symptoms following a collision, for example). Don’t assume that’s true. Unless a lawyer says otherwise, use the accident date as the start date.
Different clocks apply in special situations:
- A public entity is involved; a written government claim is usually due within 6 months.
- The injury is medical malpractice: CCP § 340.5 sets a shorter discovery deadline (generally 1 year from discovery, with a 3-year outer limit).
- The injured person is a minor: the two-year lawsuit deadline is often tolled until age 18, then runs two more years.
- The claim is wrongful death: two years from the date of death, not the original injury date.
Government Claim Deadline For a TBI in Orange County
If a public entity caused or contributed to the brain injury, the two-year lawsuit rule is not the first deadline. Under Government Code § 911.2, a claim for personal injury or death must be presented to the public entity within six months after the claim accrues—usually the date of injury or death.
In Orange County, that can include:
- The County of Orange—cities such as Irvine, Anaheim, Santa Ana, Newport Beach, Huntington Beach, or Costa Mesa
- School districts
- OCTA or other transit agencies
- Caltrans / State of California for freeway and highway issues
- Public hospitals or public employees acting in the course of their work
You generally cannot skip this step and go straight to Superior Court. After the entity accepts or rejects the claim (rejection is common, and a written rejection often starts a new six-month period to file the lawsuit), the case can proceed. Late government claims are sometimes excused, but that is a separate, uncertain petition—not a plan.
Do I Need a Lawyer for a Concussion Claim?
Not every concussion needs a lawyer. You can sometimes resolve a brief, well-documented mild injury with a speedy recovery, clear liability, and a fair policy-limit offer without a lawyer.
You usually do need a lawyer when the concussion is being treated like “just a bump on the head.” That is the typical insurance posture. Mild TBI and post-concussion syndrome often do not show on a standard CT or MRI. Value then depends on symptom duration, neuropsychological testing, work impact, prior concussion history, and future care—not the ER discharge note.
A lawyer is especially worth it if:
- Symptoms lasted more than a few weeks
- You cannot work or think the same
- The insurer says the scan was “normal,” so nothing is wrong
- You had a prior concussion, and they are using that to cut the claim
- There are multiple defendants, uninsured/underinsured coverage issues, or a public entity
- Medical bills, wage loss, or long-term cognitive problems are stacking up
Insurance Company Lowballed Concussion Claim in Orange County
A low offer on an Orange County concussion claim is usually not a valuation. It is a test.
Insurers lowball mild TBI for a reason. There is often no fracture, no bleed, and a “normal” CT. The police report may say minor damage. If you had a prior concussion, they will try to hang every headache and memory gap on the old injury. None of that is the legal measure of your claim.
California does not pay for concussion cases based on the size of the dent. It pays for the harm the collision caused. If this impact worsened a prior concussion, woke up symptoms that had settled, or left you with post-concussion problems a healthier person would not have, the carrier still owns that result.
That is the eggshell-plaintiff rule. CACI 3928 tells a jury to award the full damages caused by the defendant’s conduct, even if you were more susceptible than a “normal” person. CACI 3927 covers aggravation of a pre-existing condition: they do not pay for the old concussion; they do pay for how this crash worsened it.
A first offer that ignores those instructions is intentionally incomplete. Adjusters are trained to close invisible-injury files cheaply before neuropsychological testing, a treating neurologist’s causation opinion, and a clean before-and-after record show up.
What actually moves the needle for an Orange County concussion file:
- Immediate and consistent symptom reporting, not a two-week gap and then a lawyer visit
- Pre-injury records that establish your baseline
- Treating physicians’ opinions tied to this incident
- Neuropsychological testing when symptoms persist
- Work, school, and family witnesses who can describe the change
- A demand that prices future care and lost earning capacity, not just the ER bill
Do not cash a check that says “full and final.” That is a release. Do not provide a recorded statement designed to lock you into “I feel fine.” Do not assume a property damage estimate decides the medical case. If the at-fault policy is thin, you should consider your own UM/UIM coverage. A lot of Orange County concussion value lives there, not on the other driver’s minimum limits.
A lowball is a starting position. Treat it as one. Document the injury properly, put the insurance carrier on written notice that the claim includes cognitive and residual harm, and require them to respond to evidence rather than to the first radiology report.
How CACI 3928 Protects Plaintiffs with Prior Concussions
Prior concussions don’t cancel a new brain-injury claim. California’s eggshell-skull rule (CACI 3928) lets a jury award full damages for harm this incident caused, even if you were more vulnerable because of an earlier concussion. You don’t recover for the old injury—only for how the new one worsened it (CACI 3927). Proof still matters: baseline records and medical opinions showing the change.
A companion instruction, CACI 3927, addresses the aggravation of a pre-existing condition. You are not compensated for the original concussion itself. You may, however, recover for the ways the new trauma worsened that condition, brought back symptoms that had subsided, or made recovery more difficult.
That protection is not automatic. The medical record must establish a clear before-and-after change through prior records, treating physician opinions, neuropsychological testing, and a well-documented timeline. Without that evidence, the defense may argue that the new symptoms are simply the result of the original injury.
If you have a concussion history and a new head injury, disclose the full history early and ensure the right jury instructions are requested. The old concussion is a medical fact. It is not a free pass for the at-fault party.
Causes of Serious Head Injuries in Orange County
Brain injuries can occur in many different ways. Most brain injuries are caused by an impact on the head and the brain, either through a physical blow or through the head being shaken.
Some head injuries can be critical or even life-threatening, while others might be more moderate. Regardless of the severity of the injuries, victims should seek prompt medical attention to prevent the situation from worsening. Without proper treatment, a minor or mild head injury can worsen.
There are several common causes of brain injuries in Orange County, such as:
Motor Vehicle Accidents
About one-third of all brain injuries in the United States are caused by auto accidents. These include car wrecks, bike crashes, motorcycle crashes, truck collisions, pedestrian accidents, and bus crashes.
When a motor vehicle accident causes serious brain injuries, it is important to determine who was at fault and who should be held liable.
TBI Case-Induced Falls
In the United States, falls are the leading cause of all traumatic brain injuries, according to the Centers for Disease Control and Prevention (CDC). Falls could occur in nursing homes, at work areas such as construction sites, or due to a slip-trip-and-fall accident.
Depending on the circumstances of the fall, the at-fault party can be held liable. For example, if a visitor to a shopping center slips and falls on liquid spilled on the floor that was not cleaned up in a timely manner, the property owner could be held liable for the victim’s injuries.
Acts of Violence
An assault with a weapon such as a gun, knife, or even a baseball bat can result in a traumatic brain injury. In such cases, in addition to criminal prosecution, the at-fault party can also be held civilly liable for their wrongdoing.
Sports-Related Injuries
Head injuries such as concussions are extremely common in contact sports. However, when a severe brain injury occurs because of someone’s negligence, there may be a basis for a lawsuit.
Assumption of risk is often a factor in such cases. This means that athletes assume a certain risk when playing sports. An experienced Orange County brain injury lawyer can determine fault and liability in such complex cases.
Medical Negligence
There are cases when a doctor or medical staff’s negligence can cause a brain injury. For example, if oxygen is cut off to the brain of an unborn child during labor or delivery, the child may suffer a brain injury or irreversible brain damage. In such TBI cases, a doctor who failed to recognize symptoms of fetal distress could be held liable.
Acquired Brain Injury (ABI)
Damage to the brain that occurs after birth but is not related to a congenital or degenerative defect and is caused by trauma, typically a medical mistake or negligence to the safety of the baby.
Other Causes of Brain Injury and TBI
- Explosions
- Electrocution
- Choking
- Suffocation
- Motorcycle accidents
- Pedestrian vs. vehicle
- Workers injuries
- Skateboard accidents
- E-scooter crashes
- Equestrian falls
- Bicycle accidents
- Scaffolding and ladder falls
- Handrail defect falls
- Nursing home injuries
- Soccer, boxing, and hockey injuries
Extreme sports - Struck by falling objects injuries
- Anoxic brain injury
- Hypoxic-ischemic injury
- Near drowning accidents
- Gas leaks
- Faulty construction tools
- Defective airbags
- Contaminated medical devices causing brain infections
- Playground accidents
- Blunt trauma
We’ve also handled cases where the injured victim suffered a severe spinal cord injury with a secondary TBI or skull fractures. Those are complex cases and require a very knowledgeable and trained trial lawyer to ensure you receive the maximum compensation that will hopefully sustain your future medical care and costs.
At Bisnar Chase, we handle all kinds of TBI and brain injury claims. If another party’s negligence caused the injuries, we can help. Contact us today for a free consultation with the best Orange County brain injury lawyers near you.
What are Symptoms of a Traumatic Brain Injury?
Brain injury symptoms will vary depending on the incident’s circumstances and the damage’s type and severity. Some symptoms will be present immediately, while others can develop over days or weeks. Common symptoms include:
- Headaches and localized pain.
- Dizziness and vision problems.
- Vomiting and equilibrium issues.
- Cognitive issues, such as memory loss or confusion.
- Mood changes, including sudden mood swings and uncharacteristic depression, anxiety, or anger.
- Fatigue.
- Slurred speech.
- An increased sensitivity to light and noise.
- Problems sleeping or sleeping too much.
Unlike other injuries, a brain injury can also have an uncertain timeline for recovery. For example, a broken bone is painful, but its treatment and recovery time is straightforward. That is not always the case for a brain injury.
These injuries are scary, and we advise getting checked out by a medical professional as soon as possible after an incident. Even if you don’t feel much right away, symptoms can creep in later on.
Facing Lifelong Disabilities
Living with a brain injury can be extremely challenging, not only for victims but also for their family members. In addition to what these victims and families go through emotionally, they are also faced with significant financial burdens. Medical expenses, hospitalization, surgery, rehabilitation, and other forms of therapy can add up very quickly and push families into debt.
A traumatic brain injury can become a catastrophic injury. What this means is that victims of such traumatic injuries are often left with lifelong disabilities that prevent them from going back to the lives they had prior to the injury.
Many brain injury victims are not able to return to the jobs they had prior to the accident or are even unable to rejoin the workforce in any capacity. If you or a loved one has suffered a mild traumatic brain injury as a result of someone else’s negligence or wrongdoing, an experienced Orange County brain injury attorney can help you better understand your legal rights and options.
We know from experience how important it is for injury victims to work with the right legal team. The legal process can be long and complex, especially when a case involves a serious or catastrophic injury.
At Bisnar Chase, we will handle everything for you, from booking appointments to completing important paperwork and tracking court dates. We provide the support you need when you need it most, so you only have to concentrate on your recovery.
Some of our Recent Orange County Case Results
We have a track record of maximizing the value of every case. That means we routinely secure the most possible compensation for which your case could be eligible. The following are just some of our recent results:
- $38,650,000 – Motorcycle Accident
- $24,744,764 – Auto defect
- $23,091,098 – Product Liability
- $16,444,904 – Dangerous Road Condition, Driver Negligence
- $10,030,000 – Premises Negligence
- $9,800,000 – Motor Vehicle Accident
- $8,500,000 – Motor Vehicle Accident – Wrongful Death
- $8,250,000 – Premises Liability
- $7,998,073 – Product Liability – Motor Vehicle Accident
Although brain injuries can range from mild to severe, there are many Different Types of Brain Injuries.
How are Traumatic Brain Injuries Diagnosed?
Every head and brain injury varies from person to person. Typically, a doctor will begin by asking basic questions about the injury and how it took place, followed by questions that will test your ability to pay attention, learn, remember and solve problems.
An examination for physical signs of a brain injury by checking your reflexes, strength, balance, coordination, and sensation. CT scans and MRIs may be ordered to make sure your brain is not bruised or bleeding.
Additional tests to see if proper brain function is present may be necessary. You can also call an Orange County brain injury attorney to gain more knowledge of your legal options for your case.
TBI Treatment and Rehabilitation in Orange County
If you experienced brain damage, rehabilitation and treatment can be tremendously beneficial, whether short-term or long-term. Types of brain injury treatments can include the following:
- Physical therapy
- Brain injury rehabilitation services
- Occupational therapy
- Speech and language therapy
- Counseling for you, your family, and loved ones
- Social support and support groups
- Medicine and holistic alternatives
To learn more specific information about brain injuries, visit WebMD.
Our No Win, No Fee Brain Injury Lawyers
When you first contact us at Bisnar Chase, you will speak to a member of our intake team. They are experts who will talk through the details of your accident to see if you may have a case. This initial consultation is always free. We are here to advise and support injury victims.
Once we sign you as a client, we continue to protect you from out-of-pocket costs. Bisnar Chase is a no win, no fee law firm, which means that we only get paid if we win your case. This is also known as working on contingency. We advance the costs and expenses required to win your claim without you having to pay anything.
Once we win, our fees are taken from the final settlement or verdict. These fees vary depending on the case. Most cases involve a 33% fee, but this can rise to 40% if your case goes to trial, due to the additional time and resources required. These fees are capped by law in California, and we are always completely transparent so you know what to expect.
Contact Award-Winning Orange County Brain Injury Attorneys Near You
Head injuries often have significant and long-lasting effects. When you or a loved one suffer a serious injury, you need the right legal team behind you.
We have decades of experience handling brain injury cases across Orange County. Our personal injury lawyers are skilled, dedicated, and compassionate, leaving no stone unturned in fighting for justice for their clients and securing the best possible results. We have a 99% success rate and have earned our reputation as some of the most highly-rated injury attorneys in Orange County.
Contact our Orange County brain injury lawyers for a free consultation today. You can call (949) 203-3814, send us an email, or message us through our website live chat 24/7. We are here to help, and we look forward to hearing from you.
Serving California Since 1978
Bisnar Chase is a top-rated personal injury law firm with a national reputation. The firm has been in business since 1978 and has represented thousands of clients. Based in Newport Beach and with offices across California, Bisnar Chase has recovered over $1 billion in settlements and verdicts, emphasizing superior client representation above all.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
