Irvine Brain Injury/TBI Lawyer
After a traumatic brain injury in Irvine, a lawyer experienced in handling these cases can take on the burden of your case, using highly technical medical documentation to pursue compensation and justice for the harm you and your family have suffered.
At Bentley & More LLP, we represent clients throughout Orange County who have suffered traumatic brain injuries (TBI) in car accidents, falls, workplace incidents, and other preventable events. Our attorneys understand that even “mild” traumatic brain injuries can cause lasting problems with memory, concentration, emotional regulation, and the ability to work or maintain relationships.
Brain injuries affect not just victims but entire families facing uncertain futures. Contact our Irvine TBI lawyer at (949) 870-3800 for a free consultation.
Key Takeaways
- Brain injury victims have two years to file personal injury claims in California, but only six months for government claims if public entities were involved
- Comprehensive documentation through neuropsychological testing, DTI imaging, and symptom journals proves injuries when CT/MRI scans appear normal
- Compensation includes future medical care, cognitive rehabilitation, lost earning capacity, and damages for personality changes affecting relationships
- Multiple insurance sources may apply, including auto coverage, premises liability, workers’ compensation, and uninsured motorist protection
- Legal representation could help connect you with brain injury specialists who understand TBI complexities often missed by emergency room doctors
Why Choose Bentley & More LLP for Your Irvine TBI Case
Bentley & More LLP focuses on catastrophic injury cases requiring extensive medical documentation and those involving multiple defendants. Founded by trial attorneys Greg Bentley and Keith More, our practice has the resources and experience necessary for complex brain injury litigation that other firms might find too challenging or expensive to properly pursue.
We use comprehensive case strategies to build a case that reflects the harm and losses you have suffered. Our approach to brain injury cases includes several critical components:
- Medical coordination – When needed, we connect clients with neurologists, neuropsychologists, and rehabilitation specialists who understand brain injury subtleties
- Comprehensive documentation – Beyond basic medical records, we gather neuropsychological testing, vestibular assessments, and detailed symptom tracking
- Life-care planning – Working with certified planners to calculate decades of future medical needs, therapy, and support services
- Multiple defendant investigation – Pursuing claims against drivers, property owners, employers, product manufacturers, and government entities
- Trial-ready representation – Insurance companies know we’ll present your case to a jury rather than accept inadequate settlements
From our Newport Beach offices, we serve brain injury victims throughout Irvine and Orange County, from crashes on local streets to accidents at construction sites and retail establishments. Our relationships with leading brain injury treatment centers help clients access specialized care while cases proceed, often despite initial insurance denials.
We understand that brain injuries affect entire families—spouses become caregivers, children lose the parent they knew, and household dynamics shift dramatically. Contact our Irvine brain injury attorneys at (949) 870-3800 for a free consultation about your case.
Understanding Traumatic Brain Injuries and Their Impact
Traumatic brain injuries occur when external forces disrupt normal brain function, whether from direct impact or violent movement, causing the brain to strike the skull’s interior. The severity ranges from concussions that resolve within weeks to severe injuries causing permanent disability, yet even “mild” TBIs can have profound consequences.
Types of Brain Injuries From Accidents
Different accident mechanisms cause distinct injury patterns, each requiring specific medical attention and legal strategies:
- Concussions/mild TBI – Often from rear-end collisions or falls, causing headaches, confusion, memory problems, and sensitivity to light and sound
- Diffuse axonal injury (DAI) – Rotational forces in high-speed crashes tear nerve fibers throughout the brain, causing widespread dysfunction
- Subdural hematomas – Blood accumulating between brain and skull from torn vessels, potentially requiring emergency surgery
- Hypoxic/anoxic injuries – Oxygen deprivation from drowning, choking, or medical errors causing cell death across brain regions
- Penetrating injuries – Objects entering the skull in construction accidents or violent crashes, causing focal damage and infection risks
- Post-concussion syndrome – Persistent symptoms lasting months or years after initial injury, affecting work capacity and quality of life
The challenge with brain injuries lies in their invisible nature. Unlike broken bones visible on X-rays, brain injuries often involve microscopic damage to nerve cells and connections that standard imaging cannot detect. This invisibility leads insurance companies to question the legitimacy of ongoing symptoms.
Immediate and Long-Term Symptoms
Brain injury symptoms evolve over time, with some appearing immediately while others develop weeks or months post-injury. Initial symptoms following accidents often include loss of consciousness (though not always), confusion or disorientation, headaches and dizziness, nausea and vomiting, and sensitivity to light and noise. Emergency rooms focus on ruling out life-threatening bleeding but may discharge patients who later develop serious complications.
Long-term effects of brain injuries can dramatically alter lives:
- Cognitive impairments – Problems with memory, attention, processing speed, and executive function affecting work performance
- Behavioral changes – Increased irritability, impulsivity, and mood swings, straining relationships
- Physical symptoms – Chronic headaches, balance problems, vision issues, and fatigue, limiting daily activities
- Emotional difficulties – Depression, anxiety, and PTSD commonly accompany brain injuries
- Sleep disruptions – Insomnia or excessive sleeping affecting recovery and daily functioning
These ongoing symptoms can create cascading problems. The inability to work leads to financial stress, personality changes strain marriages, and cognitive difficulties prevent returning to previous activities. Our attorneys work with medical professionals who document these interconnected impacts when building your case.
Proving Brain Injuries When Standard Tests Appear Normal
One of the greatest challenges in brain injury cases involves proving injuries when CT scans and standard MRIs show no visible damage. Insurance companies often point to “normal” imaging to deny claims, ignoring that many brain injuries occur at the cellular level below imaging resolution.
Advanced Diagnostic Methods
Modern medicine offers sophisticated tools for documenting brain injuries beyond basic emergency room scans:
- Diffusion Tensor Imaging (DTI) – Advanced MRI technique showing damage to white matter tracts connecting brain regions
- Neuropsychological testing – Comprehensive cognitive assessments revealing deficits in memory, attention, processing speed, and executive function
- Vestibular testing – Evaluating balance and inner ear function often disrupted in brain injuries
- Vision therapy assessments – Documenting eye movement and visual processing problems common after TBI
- SPECT/PET scans – Functional imaging showing altered brain metabolism and blood flow patterns
Bentley & More LLP can help you coordinate these evaluations with trusted providers who understand how to document subtle brain injuries. Testing results provide objective evidence of impairments that validate your reported symptoms which, in turn, helps your injury claim.
Using Medical Evidence for Legal Proof
Successful brain injury cases require translating complex medical findings into compelling legal evidence that judges and juries understand. Our TBI attorneys work with treating physicians to obtain detailed narrative reports explaining how your injury occurred, why symptoms persist, and what future treatment you’ll need.
Medical records alone rarely tell the complete story. When building your claim, we thoroughly document how these injuries have impacted your day-to-day life and prepare treating doctors for depositions where they’ll explain findings to insurance company lawyers.
When insurance companies bring their own medical examiners with an opposing analysis of your injuries, we use your treatment history and testing results to counter their opinions. This comprehensive approach transforms scattered medical documentation into organized proof of how the injury changed your life, what accommodations you need, and why compensation should account for decades of future care.
Common Causes of Brain Injuries in Irvine
Irvine’s mix of busy highways, construction sites, retail centers, and recreational areas creates various brain injury risks. Where, how, and why these injuries occur establishes liability and helps identify the responsible parties.
Motor Vehicle Accidents
Traffic collisions remain one of the leading cause of traumatic brain injuries in Orange County. High-speed crashes on I-5, I-405, and State Route 133 generate tremendous forces, causing brains to strike skull interiors even when heads don’t hit anything. Rear-end collisions, though often considered “minor,” frequently cause concussions from rapid acceleration-deceleration. Side-impact crashes create rotational forces that can damage brain tissue.
Motorcycle and bicycle accidents pose extreme brain injury risks despite helmet use. Helmets reduce but don’t eliminate injury risk. Pedestrian accidents almost always involve head trauma when victims strike vehicles or pavement.
Falls and Premises Liability
Slip-and-fall accidents at Irvine businesses, construction sites, and residential properties frequently cause brain injuries, particularly among older adults and workers. Dangerous conditions leading to brain injury claims include wet floors without warning signs at stores and restaurants, uneven walkways and parking lots at shopping centers, inadequate lighting in stairwells and garages, construction debris and unmarked hazards, and defective stairs or handrails in apartments and offices.
Property owners and managers have duties to maintain safe premises and warn of known hazards. When negligent maintenance or inadequate warnings cause fall-related brain injuries, premises liability claims provide compensation paths beyond workers’ compensation.
Workplace and Construction Accidents
Construction workers, warehouse employees, and other laborers face elevated brain injury risks from falling objects, equipment accidents, and falls from heights. While workers’ compensation provides initial benefits, third-party claims against equipment manufacturers, subcontractors, or property owners may offer additional compensation for serious brain injuries.
Insurance and Compensation for Brain Injuries
Brain injury cases often involve multiple insurance policies and compensation sources, each with different requirements and limitations. Understanding available coverage helps secure resources for immediate treatment and long-term needs.
Potential Insurance Compensation Sources
Several insurance types may apply to your brain injury claim:
- Auto insurance – Liability coverage from at-fault drivers, plus your own MedPay and UM/UIM protection
- Homeowners/commercial liability – For injuries on residential or business properties
- Workers’ compensation – No-fault benefits for workplace injuries, with potential third-party claims
- Health insurance – Immediate medical coverage, though subject to reimbursement from settlements
- Disability insurance – Short and long-term income replacement during recovery
Coordinating these coverages requires understanding policy language, coverage limits, and reimbursement obligations. We identify applicable policies and structure settlements to preserve compensation after medical liens and reimbursements.
Calculating Brain Injury Damages
Brain injury compensation extends far beyond immediate medical bills, encompassing lifetime impacts on health, work, and relationships.
Economic damages include past and future medical expenses for decades of treatment, lost wages and reduced earning capacity from cognitive impairments, life-care plan costs for ongoing therapy and support services, home modifications for disability accommodations, and assistive technology and medical equipment needs.
Non-economic damages recognize pain, suffering, and life changes that money cannot truly fix but must acknowledge. These include chronic pain and headaches disrupting daily life, loss of enjoyment from inability to pursue previous activities, relationship strain from personality and behavioral changes, and emotional distress from living with permanent impairments.
In cases involving extreme recklessness or intentional behavior, California law allows punitive damages to punish particularly egregious conduct and deter similar behavior.
Critical Deadlines for Brain Injury Claims
California law imposes strict deadlines for filing brain injury claims, with different timeframes depending on who caused your injury. Missing these deadlines could eliminate your right to compensation, making immediate legal consultation essential.
The standard two-year statute of limitations applies to most personal injury claims, including brain injuries from car accidents, falls, and assaults. This deadline runs from the injury date, not when you discover the full extent of brain damage, making prompt action crucial. For wrongful death claims, the two year clock starts on the date of death.
Government claims face much shorter deadlines. You have just six months to file an administrative claim when injuries involve public entities. This includes accidents with city vehicles, dangerous road conditions, or injuries on government property. After a claim denial, you have only six additional months to file suit.
Special circumstances may affect deadlines, including tolling for minors until age 18, discovery rules for injuries not immediately apparent, and different timeframes for medical malpractice cases causing brain injuries. Our lawyers can evaluate your specific situation to determine all applicable deadlines and preserve your rights.
FAQ for Irvine Brain Injury Lawyers
What if My CT Scan Was Normal but I Still Have Concussion Symptoms?
Normal CT scans and MRIs don’t mean you’re imagining symptoms. Most concussions and mild TBIs involve microscopic damage these tests cannot detect. Neuropsychological testing, DTI imaging, and vestibular assessments may reveal injuries when standard scans appear normal. Additionally, keep detailed symptom journals noting headaches, memory problems, mood changes, and sleep issues to support your claim.
How Much Is My Brain Injury Case Worth in California?
Brain injury values vary dramatically based on severity, impact on work capacity, and long-term care needs. Factors affecting value include your age and earning capacity, severity of cognitive and physical impairments, future medical and rehabilitation needs, impact on family relationships, and available insurance coverage. Your attorney may work with life-care planners and economists to calculate comprehensive damages reflecting your injury’s true cost.
Should I Give a Recorded Statement to the Insurance Company?
No, avoid giving recorded statements without legal representation. Seeming innocent answers, minor errors or mistakes can negatively impact your claim. Confusion and memory gaps caused by a brain injury may also work against you. Let us handle insurance communications while you focus on recovery.
Can I Still Recover Compensation if I Had Previous Concussions?
Yes, prior concussions don’t prevent recovery for new injuries, though they may complicate claims. The other side may argue that current symptoms stem from old injuries rather than recent accidents. However, California law recognizes “eggshell plaintiff” principles meaning that defendants take victims as they find them, including with pre-existing vulnerabilities. Our brain injury attorneys document how the recent incident worsened your condition or caused new symptoms distinct from prior injuries.
How Do Brain Injury Lawyers Prove Invisible Injuries to Insurance Companies?
Brain injury attorneys use multiple forms of evidence to validate injuries that don’t show on standard scans. This includes neuropsychological testing results, compairing pre-injury employment records, academic transcripts, and performance reviews against post-injury capabilities to demonstrate concrete losses, gathering witness statements from family, friends, and coworkers describing personality changes and functional limitations they’ve observed. We also use documentation of daily struggles to show proof of ongoing impairments.
Contact an Irvine Attorney for Your Brain Injury Case
Keith More, Irvine Brain Injury Lawyer
If you or a loved one suffered a brain injury in Irvine or anywhere in Orange County, Bentley & More LLP provides sophisticated representation for these complex cases. Our attorneys understand that brain injuries affect every aspect of life and we fight for compensation addressing all these impacts.
Don’t let insurance companies dismiss your brain injury as “minor” or deny coverage for necessary treatment. Contact Bentley & More LLP at (949) 870-3800 for a free consultation about your brain injury case with a dedicated Irvine personal injury lawyer. We’ll preserve crucial evidence, build a case strategy, and fight for compensation to rebuild your life after a traumatic brain injury.