Sacramento Brain Injury Lawyer
50+ Years Handling Brain Injury Claims Across Personal Injury, Workers’ Comp & Disability
A brain injury changes how you think, work, and move through daily life. At Smolich and Smolich, we handle brain injury claims across personal injury, workers’ compensation, and Social Security Disability. For Sacramento workers whose injuries involve all three legal systems, that cross-practice reach matters. We address them through one firm, backed by a Sacramento practice dating to 1969 and first- and second-generation trial lawyers who know these cases from the ground up.
You work directly with attorneys who know your case, without rotating staff or handoffs. If you or a loved one has suffered a brain injury, we offer a free consultation to explain your options across every system that may apply.
Call Smolich and Smolich at (916) 571-0400 to request a free consultation with a Sacramento brain injury attorney today.
Types & Severity of Brain Injuries
Traumatic brain injuries (TBIs) range from mild concussions to severe trauma with lasting impairment. Understanding that range can help you and your family grasp what you may be facing medically and legally.
Types of TBIs include:
- Mild TBIs: Often called concussions, these may cause headaches, confusion, or brief loss of consciousness.
- Moderate and Severe TBIs: These can lead to extended unconsciousness, memory loss, and significant changes in behavior or physical function.
Physicians use the Glasgow Coma Scale to assess injury severity during the initial evaluation, while ongoing evaluations track recovery. Acquired brain injuries caused by oxygen deprivation (anoxic injuries) or toxic exposure carry comparable medical and legal complexity. Although they fall outside the TBI definition, they often result in equally serious long-term impairment and demanding legal claims.
Why Sacramento Brain Injury Victims Need an Attorney
Brain injury cases are medically complex and legally demanding. Our attorneys investigate all potentially responsible parties, including a negligent driver, property owner, or another party. We then build a documented chain of evidence showing how your injury occurred and what losses followed.
Our approach integrates multiple practice areas. When a workplace brain injury triggers overlapping personal injury and workplace benefits claims, the systems have different deadlines, legal standards, and procedures. We handle both. When a severe TBI affects your long-term ability to work, our Social Security Disability practice also addresses related eligibility questions.
California Code of Civil Procedure Section 335.1 generally requires you to file a personal injury lawsuit based on another party’s wrongful act or neglect within two years. When the same injury also results in a workers’ compensation claim, that benefits process can toll, or pause, the personal injury limitations period until the claim concludes.
Our attorneys have over 100 years of combined legal experience, and our team includes Certified Workers’ Compensation Specialists.
Compensation in a Sacramento Brain Injury Claim
Brain injuries can produce immediate costs and long-term financial consequences. Your claim should account for both through medical records, employment documentation, and evidence showing how the injury affects your daily life.
Economic damages can include:
- Past and future medical bills, including neuropsychological testing and cognitive rehabilitation
- Home modifications and assistive devices required by the injury
- Lost wages and reduced earning capacity
- Vocational retraining costs when a return to prior work isn’t possible
Non-economic damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium for an injured person’s spouse or domestic partner
Any fault assigned to you reduces your compensation under California’s pure comparative negligence rule. Future medical expenses and work-related losses depend on the documented effects of the brain injury.
How a Sacramento Brain Injury Claim Unfolds
Every case follows its own path, but the general sequence can help you know what to expect.
- Initial medical care: Getting prompt treatment creates a record of your injuries and supports timely care.
- Detailed investigation: We review police reports, incident reports, photographs, and witness statements to understand exactly how the injury occurred.
- Liability and damages analysis: We evaluate who may be held responsible and analyze evidence of your current and future losses.
- Insurance negotiations: We communicate with insurers, respond to information requests, and evaluate settlement proposals against your documented losses.
- Court preparation: If negotiations don’t produce a fair offer, your case may be filed and prepared for litigation in Sacramento County Superior Court.
Medical Treatment for Traumatic Brain Injuries
Treatment depends on the type and severity of your injury. Care for a mild injury can include rest, an over-the-counter pain reliever that isn’t a nonsteroidal anti-inflammatory drug, and regular checkups for new or worsening symptoms. A medical professional should determine the appropriate treatment for your individual injury.
A moderate or severe TBI is a medical emergency. Emergency care can address pressure inside the skull, remove debris from a penetrating injury, and monitor brain pressure and oxygen levels.
Persistent Post-Concussive Symptoms
Persistent post-concussive symptoms are symptoms of a mild TBI that continue for more than three months. They most often begin within 7 to 10 days after the injury and can include headaches, dizziness, difficulty concentrating, and memory problems.
These symptoms can last for a year or longer. Medical records documenting when your symptoms appeared, how they changed, and how they affected your work or daily activities help establish the injury’s ongoing effects.
Brain Injury Recovery & Permanent Impairment
Brain injury recovery doesn’t follow one predictable timeline. Some injuries result in permanent impairments, while others improve significantly over time with therapy and rehabilitation. Early treatment often improves outcomes, but the course of recovery depends on the injury and the person affected.
Long-Term Effects of TBIs
A brain injury can affect many dimensions of your daily life at once, including your physical health, personality, decision-making, and relationships.
Common long-term challenges include:
- Cognitive changes: Difficulties with memory, concentration, problem-solving, or processing information that affect work and daily tasks.
- Physical limitations: Ongoing headaches, dizziness, fatigue, or coordination issues that may limit driving, exercise, or household responsibilities.
- Emotional and behavioral effects: Increased irritability, depression, anxiety, or personality changes that can strain relationships with family, friends, and coworkers.
- Occupational hurdles: Challenges returning to a prior job, need for retraining, or reliance on workplace accommodations.
- Social and daily living needs: Assistance with transportation, personal care, or participation in community activities.
Long-term care after a brain injury can require coordination among providers, insurers, and government agencies. We help you navigate those systems while addressing the legal issues connected to your injuries. When a severe brain injury affects your ability to work over the long term, that coordination can also include Social Security Disability eligibility questions.
Frequently Asked Questions
These questions address immediate steps, assigned fault, and filing deadlines that can affect your brain injury claim.
What Should I Do After a Brain Injury?
Seek immediate medical attention even if your symptoms seem mild, since some brain injuries aren’t immediately apparent. Document the incident and preserve all medical records. That evidence is essential for establishing liability and supporting any future claim.
How Does Comparative Negligence Affect My Brain Injury Claim in Sacramento?
California’s pure comparative fault system reduces your compensation in proportion to your assigned percentage of fault. If you’re found 20% responsible for a car accident that caused a brain injury, your recovery decreases by 20%. Presenting an accurate liability assessment is essential to protecting the full value of your claim.
What Deadline Applies to a Government Brain Injury Claim?
A claim against a California government entity generally requires a written administrative claim within six months. You must complete that step before filing a lawsuit. This deadline can apply when a brain injury stems from a car accident involving a government vehicle or another incident involving a public entity.
When Can a Brain Injury Filing Deadline Be Paused?
A limitations period can be tolled, meaning paused, while an injured person is a minor or lacks legal capacity. Delayed discovery can also affect the deadline when the injury or its cause wasn’t immediately apparent. The applicable rule depends on the facts and type of claim.
Start Your Brain Injury Claim with a Free Consultation
At Smolich and Smolich, we believe no one should face a brain injury claim alone. We build your case around your full situation, from immediate care costs to long-term rehabilitation, lost earning capacity, and disability needs. You receive direct attorney attention and clear guidance at every stage.
Call Smolich and Smolich at (916) 571-0400 to request a free consultation today.