Attorney Michael Rehm — (800) 978-0754

Traumatic brain injury is one of the most consequential outcomes of a serious accident — and one of the most difficult to quantify in a personal injury claim. The physical damage may not appear on initial imaging. The effects may not fully manifest for days or weeks. And the long-term cognitive, behavioral, and emotional consequences of a TBI can alter every aspect of a person's life in ways that are difficult to translate into a damages number. Getting those damages right requires medical evidence, neuropsychological testing, and expert testimony that goes well beyond what a standard personal injury case demands.

Attorney Michael Rehm handles traumatic brain injury cases throughout Oakland and Alameda County arising from traffic crashes, pedestrian accidents, premises liability, and other negligent conduct.

The Medical Evidence in a TBI Case

A traumatic brain injury is diagnosed through a combination of clinical evaluation, imaging, and neuropsychological testing. The Glasgow Coma Scale assesses the initial severity of injury. CT scans and MRI imaging may reveal hemorrhage, contusion, or structural damage — but many TBIs, including concussions and mild-to-moderate TBIs, do not produce visible findings on standard imaging. The absence of abnormal imaging does not mean the absence of injury.

Neuropsychological testing by a qualified neuropsychologist evaluates cognitive function — memory, attention, processing speed, executive function — and compares the results to normative data for the patient's age and education level. Deficits in these domains, established through objective testing, provide evidence of brain injury that is independent of the patient's subjective complaints.

In serious TBI cases, a life care planner — typically a registered nurse or rehabilitation specialist — develops a comprehensive future care plan that projects the medical, therapeutic, and assistive services the injured person will require over their lifetime. An economist translates that plan into present value. Together, the life care plan and economic analysis form the evidentiary foundation for future damages in a catastrophic TBI case.

Legal Framework for TBI Claims

A TBI claim is a personal injury claim requiring proof of duty, breach, causation, and damages. The causation element is particularly important in TBI cases: the defense will often challenge whether the accident caused the claimed brain injury, particularly in mild TBI cases where imaging is normal. Establishing causation requires medical expert testimony that connects the mechanism of injury — the forces involved in the crash or fall — to the specific neurological and cognitive deficits the plaintiff has suffered.

Damages in a TBI case include economic losses — medical expenses to date, future medical and therapeutic costs, lost earnings, lost earning capacity — and noneconomic losses including pain and suffering, cognitive impairment, personality changes, and loss of enjoyment of life. Civil Code § 3333. Medical expense damages are limited to amounts paid or owed under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541. Future damages must be established with reasonable certainty and are presented as present value. CACI 3904A.

California's pure comparative fault rule applies. Civil Code § 1714; Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A TBI plaintiff's recovery is reduced by their percentage of fault, if any, but not eliminated.

The statute of limitations for a personal injury claim arising from a TBI is two years from the date of the accident. Code of Civil Procedure § 335.1. This deadline can potentially bar a claim if missed. If the TBI victim is mentally incapacitated, tolling may apply under Code of Civil Procedure § 352.

TBI Cases Involving Government Entities

When a TBI results from a crash involving a City of Oakland vehicle, an AC Transit bus, or a BART vehicle, the six-month government claims deadline under Government Code § 911.2 applies. A TBI victim who is incapacitated may have the claim deadline tolled under Government Code § 911.4, which permits late claims based on mental incapacity. That tolling is not automatic — it requires a late claim application and a showing that the incapacity prevented timely filing.

Highland Hospital as Trauma Destination

Wilma Chan Highland Hospital, located at 1411 East 31st Street, Oakland, is the East Bay's only adult Level I Trauma Center. It is the first destination for critically injured patients throughout Alameda County. In 2023, Highland admitted 1,698 trauma patients and treated 3,873 total trauma center patients — including patients with traumatic brain injuries from traffic crashes throughout the county. Alameda County EMS Trauma System Assessment Report, December 2024. Serious TBI cases from Oakland crashes will typically begin at Highland before transfer for longer-term rehabilitation care.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Catastrophic Injury Attorney
• Oakland Spinal Cord Injury Attorney
• Oakland Car Accident Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles traumatic brain injury cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange 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.