Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents traumatic brain injury victims throughout Fresno and Fresno County. TBI cases present particular challenges in litigation: the most disabling effects of brain injury are often invisible to outside observers, insurance adjusters routinely dispute the severity and causal relationship of cognitive and psychological symptoms, and the long-term cost of care for serious brain injuries frequently exceeds the defendant's available insurance. This page explains the legal framework for TBI claims under California law and how they proceed in Fresno County Superior Court.

Causes of TBI in Fresno County

Traumatic brain injuries in Fresno County arise most commonly from vehicle accidents, falls, and workplace incidents involving agricultural and industrial equipment. In 2023 (the most recent year for which data is currently available), Fresno County recorded 5,377 total fatal and injury crash victims, with 923 involving speed-related factors — the types of high-energy collisions most likely to produce serious brain trauma. Community Regional Medical Center in Fresno operates as a Level I trauma center, one of the few such facilities between Los Angeles and Sacramento, and serves the Central Valley region for the most serious TBI cases. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report.

Spectrum of Traumatic Brain Injury

Traumatic brain injury ranges from mild concussion to severe diffuse axonal injury. A diagnosis of “mild” TBI does not mean the injury is without serious consequence — post-concussion syndrome from a mild TBI can produce debilitating cognitive impairment, chronic headaches, sleep disruption, mood disorders, and loss of employment capacity lasting months or years. Moderate and severe TBI can involve loss of consciousness, amnesia, focal neurological deficits, and permanent cognitive and behavioral changes requiring ongoing medical management and support.

The mechanism of injury matters in establishing causation. A direct blow to the skull produces coup injury at the impact site. The brain's rebound within the skull produces contrecoup injury on the opposite side. Acceleration-deceleration forces in a vehicle crash can produce diffuse axonal injury without visible impact to the head. Imaging studies — CT scans, MRI, and in appropriate cases diffusion tensor imaging — document structural injury. Neuropsychological testing documents functional deficits. The combination of imaging findings, clinical examination, and neuropsychological test results forms the basis for establishing both the nature of the injury and its causal relationship to the accident.

Legal Standard — Duty, Breach, Causation

California Civil Code section 1714(a) provides that everyone is responsible for injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. In a motor vehicle case, breach is typically established through traffic code violations and the facts of the collision. In a premises case, breach turns on whether the property owner maintained the property in a reasonably safe condition. Causation connects the defendant's negligence to the brain injury and its consequences through medical expert testimony.

California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A plaintiff's recovery is reduced in proportion to his or her own fault but not eliminated. In TBI cases, defense counsel often argue that pre-existing conditions — prior head injuries, mental health history, substance use — account for the plaintiff's symptoms. The eggshell plaintiff rule holds that a defendant takes the plaintiff as he or she is found — a defendant who causes a brain injury to a person with a pre-existing vulnerability is fully liable for the consequences of the injury, not just the incremental harm above the baseline. CACI 3927.

Damages in a TBI Case

California Civil Code section 3333 provides that recoverable damages are the amount that compensates for all detriment proximately caused by the defendant's negligence. The full text of Civil Code section 3333 is at leginfo.legislature.ca.gov. In a serious TBI case, damages commonly include: past and future medical expenses including neurology, neuropsychology, physical therapy, occupational therapy, and speech-language pathology; future attendant care and supported living costs; lost wages and loss of earning capacity; and non-economic damages for pain and suffering, cognitive disruption, emotional distress, and loss of enjoyment of life. Future damages for a person with a severe TBI can extend over a lifetime and represent the largest component of the claim. Life care planners and vocational experts are routinely retained to quantify these losses.

Prejudgment interest on personal injury claims accrues at ten percent per year from the date of a section 998 offer the plaintiff ultimately exceeds under Civil Code section 3291.

Filing a Lawsuit in Fresno County Superior Court

Brain injury lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR before the mandatory settlement conference and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Fresno Personal Injury Attorney
• Fresno Car Accident Attorney
• Fresno Truck Accident Attorney
• Fresno Wrongful Death Attorney

Attorney Michael Rehm handles traumatic brain injury cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.