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How long do I have to sue for a TBI claim in California?

On Behalf of | Aug 5, 2021 | Catastrophic Personal Injuries

Every year, thousands of Americans seek treatment following some form of brain injury. Generally, brain injuries range in severity from mild to severe. When you sustain a traumatic brain injury (TBI) as a result of another person’s negligence or recklessness, be it from a car crash, medical negligence, a slip, a fall or some form of trauma, it is important that you seek compensation for your injury.

In California, brain injury settlements can vary widely. If you successfully settle a brain injury claim with the at-fault party’s insurance company, you will not need to take any legal action against them. However, if the insurance is not ready to pay you the compensation you deserve for your injury, you may have to file a formal lawsuit. Understanding the severity of your brain injury is key to filing a claim and getting the compensation you deserve for your injury.

So what can you sue the at-fault party for?

As already indicated, a settlement occurs when you accept the compensation offered by the at-fault party’s insurance company. However, if you cannot agree, and the matter ends up in court, you may consider suing the at-fault party for compensation towards the following:

  • Medical bills
  • Rehabilitation and therapy
  • Medications and medical equipment
  • Present and future loss of income
  • Pain, suffering and mental anguish
  • Increased living expenses
  • Loss of enjoyment of life

Statute of limitations for filing for brain injury in California

In California, the statute of limitations or deadline for filing a traumatic brain injury lawsuit is the same as in other types of personal injury lawsuits. Thus, you have two years effective the date of the injury to file a traumatic brain injury lawsuit in California. However, this time limit tends to be different when you are suing a government entity like a county or city. In this case, you will be required to make a written claim to the concerned government entity within six months of the brain injury.

A traumatic brain injury can impact your life for years to come. If your injury occurred as a result of someone else’s fault, you should consider suing the at-fault party for compensation for your suffering as well as financial losses.