Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
A traumatic brain injury can turn your life upside down in an instant. One moment you’re going about your day, and the next, you’re dealing with headaches, memory problems, and personality changes. Symptoms may not even appear until weeks after the accident. The physical pain is overwhelming enough, but the emotional trauma and financial stress that follow can feel impossible to navigate alone.
Traumatic brain injuries differ fundamentally from broken bones that heal in six weeks. TBIs can create lifelong consequences that affect every aspect of your life: your career, your relationships, your independence. When someone else’s negligence caused your TBI, you deserve justice and the financial resources to rebuild your life.
At The Schenk Law Firm, we’ve spent decades representing catastrophic injury victims, including those suffering from traumatic brain injuries. Our approach combines Fred Schenk’s 46 years of personal injury experiencewith modern, compassionate legal advocacy. We handle each TBI case with the deliberate purpose and analytical precision it demands, never as part of a high-volume settlement mill.
Unlike other injuries, traumatic brain injuries present unique challenges:
Based on California hospitalization data, the leading causes of traumatic brain injuries vary by age but include [2]:
Putting an average monetary value on someone’s brain injury can be difficult. It all depends on the particular facts in your case. TBI settlements in California may range from $100,000 to over $5 million, depending on the severity and long-term impact of your injury. We’ve seen cases settle for several hundred thousand dollars for moderate TBIs, while severe cases resulting in permanent disability can reach into the millions.
Your TBI claim value depends on multiple factors:
Economic Damages (Calculable Financial Losses):
Non-Economic Damages (Quality of Life Impact):
Punitive Damages:
What you do in the days and weeks following your injury can make or break your claim. Here’s what we advise our clients:
1. Seek Medical Attention Immediately
Even if you feel “okay,” see a doctor right away. Brain injuries often don’t manifest symptoms immediately. Early medical documentation is crucial for both your health and your legal case. Tell your doctor exactly what happened and describe every symptom, no matter how minor it seems.
2. Document Everything If you’re able (or have someone help you):
3. Report the Accident
File a police report if you haven’t already. California law requires reporting accidents involving injuries. This official record becomes crucial evidence in your claim.
4. Preserve Evidence
Don’t repair damaged property or discard torn clothing. Keep everything exactly as it was after the accident. This physical evidence can be vital in proving your case.
5. Continue Medical Treatment
Follow your doctor’s treatment plan precisely. Missing appointments or stopping treatment gives insurance companies ammunition to argue your injury isn’t serious. The 2024 NINDS Traumatic Brain Injury Clinical Trials Scientific Working Group recommends monitoring TBI disease progression over at least 14 days for complete characterization [5].
6. Contact a Specialized TBI Attorney
Don’t wait to consult with an attorney who specializes in traumatic brain injuries. In many personal injury cases, California gives you only two years from the date of your injury to file a personal injury lawsuit [4]. While that might seem like plenty of time, building a strong TBI case requires extensive investigation, expert consultations, and comprehensive medical documentation, all of which take time.
7. Avoid Speaking to Insurance Adjusters Alone
Insurance companies (even your own) are not on your side. They’re trained to minimize payouts. A seemingly innocent statement can be twisted to devalue your claim. Let your attorney handle all communications with insurance adjusters.
Not all traumatic brain injury claims succeed. Winning cases differ from those that settle for pennies on the dollar in several key ways:
We must prove four elements:
Your medical records form the foundation of your case. This includes:
TBI cases almost always require expert witnesses to translate complex medical information for judges and juries. We work with:
Expert Type | Role in Your Case |
Neurologists | Explain the nature and extent of brain damage |
Neuropsychologists | Document cognitive impairments and mental function changes |
Life Care Planners | Calculate future medical needs and ongoing care costs |
Vocational Experts | Assess your diminished earning capacity and career limitations |
Economic Experts | Quantify your total financial losses over your lifetime |
This expert team works together to build an irrefutable picture of how your TBI has affected your life.
Numbers on medical bills don’t tell the whole story. We show how your TBI has actually changed your life:
California’s statute of limitations gives you two years from the date of your injury to file a personal injury lawsuit [4]. Miss this deadline, and you lose your right to pursue compensation, regardless of how strong your case or how severe your injuries.
Many people assume they can wait close to that deadline to take action, but evidence disappears quickly. Witnesses move, memories fade, physical evidence gets lost, and medical facilities archive or destroy records after certain periods. Building a strong TBI case requires months of investigation, expert consultations, and comprehensive documentation—work that simply can’t be rushed at the last minute.
Important exceptions can shorten or extend your filing deadline. If the at-fault party is a government entity, you may have as little as six months to file a claim. Conversely, if you didn’t discover your injury immediately (common with TBIs), the “discovery rule” may apply and extend your deadline. For minors, the statute of limitations may be tolled until they turn 18.
Don’t gamble with your rights. Contact an experienced TBI attorney as soon as possible after your injury.
Fred Schenk holds the record for the largest asbestos jury verdict in San Diego County history—a testament to our trial capabilities and willingness to fight for fair compensation when insurance companies low-ball offers. While past results don’t guarantee future outcomes, they reflect decades of specialized expertise in catastrophic injury cases that require both complex medical understanding and sophisticated legal strategies.
We’re a family-owned firm that provides personalized attention from experienced trial lawyers, not a high-volume settlement mill. You’ll receive clear, honest communication at every stage—no legal jargon, no hidden fees, no surprises. Our contingency fee structure means you pay nothing unless we win your case, aligning our interests completely with yours and motivating us to maximize your recovery.
If you or a loved one has suffered a traumatic brain injury in California due to someone else’s negligence, you don’t have to face this alone. We offer free, no-obligation consultations where we’ll review your case, explain your legal rights, discuss potential compensation, and provide honest advice about your path forward.
Bring any medical records, police reports, photos, witness information, and documentation of lost wages you have available. Your initial consultation is free, and you pay nothing unless we win your case.
The road to recovery from a traumatic brain injury is long and difficult. With the right legal representation, you can secure the financial resources you need for treatment, rehabilitation, and rebuilding your life. Contact Schenk Law Firm today to discuss your traumatic brain injury case.
[1] Centers for Disease Control and Prevention. “TBI: Get the Facts.” CDC Traumatic Brain Injury Data and Research. https://www.cdc.gov/traumatic-brain-injury/data-research/index.html
[2] California Department of Public Health. “Traumatic Brain Injuries Overview in Riverside County, CA 2024.” Riverside University Health System – Public Health. https://tinyurl.com/ruhealtbi
[3] University of California, San Francisco. “Traumatic brain injury strikes 1 in 8 older Americans.” UCSF News, May 2024. https://www.ucsf.edu/news/2024/05/427701/traumatic-brain-injury-strikes-1-8-older-americans
[4] Schenk Law Firm. “How Long Do I Have to File a Personal Injury Lawsuit in California? Your Complete Guide to Deadlines and Exceptions” https://schenklawfirm.com/san-diego-personal-injury-lawyer/how-long-do-i-have-to-file-a-personal-injury-lawsuit-in-california-your-complete-guide-to-deadlines-and-exceptions/
[5] National Institute of Neurological Disorders and Stroke. “2024 NINDS Traumatic Brain Injury Clinical Trials Scientific Working Group Recommendations.” PubMed, 2024. https://pubmed.ncbi.nlm.nih.gov/40393504/