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Answers for anyone hurt in California

Plain answers on injury claims, insurers, deadlines and what to do next. Written by Aryan Aliakbarzadeh, Esq., a personal injury attorney in Northridge.

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Brain Injuries

Articles on brain injuries are coming. Until then, the brain injuries page answers the questions people ask most, and Aryan Aliakbarzadeh, Esq. answers the rest on the phone.

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Questions

Questions about brain injury cases

I hit my head but the scan was clear. Is there still a case?

A clear scan does not rule out a brain injury. Symptoms are evidence too, headaches, memory, sleep and mood among them, which is why writing them down matters.

Who pays for long-term care after a brain injury?

The claim is measured against the full cost of the injury, including care that has not happened yet. That is why these cases are not settled early.

How long do I have to file a brain injury claim?

The general limit in California is two years, and with serious injuries the exceptions matter more than usual. Do not assume it is too late.

My headaches and confusion started days after the accident. Is it too late to claim for a concussion?

No. Concussion symptoms commonly appear hours or days after the impact, and California’s time limit runs from the accident, not from the first symptom, so a claim started weeks later is still well within it. What matters is the record: go back to the doctor when symptoms appear, describe them exactly, and write them down with dates. A late-appearing symptom that is documented is evidence; one that is only remembered is not.

How do you prove a brain injury the scans do not show?

Through the people who examine you and the people who know you. A neurologist and a neuropsychologist can measure memory, attention and processing in ways a CT or MRI cannot, and treating doctors record symptoms over time. Family, friends and employers describe the change from before to after. Insurers treat a clear scan as the end of the question; in a California claim it is the beginning.

Can I claim for a concussion, or does it have to be a serious brain injury?

A concussion is a brain injury and it can be claimed. What the claim covers depends on what the concussion did: time off work, treatment, the weeks or months of symptoms, and, if they persist, the longer effect on your life. Post-concussion symptoms that last are the part insurers argue about most, which is why the record from the first weeks matters so much.

The person who was hurt cannot handle their own affairs. Can a family member bring the brain injury claim?

Yes. If the injured person cannot manage the claim, a court can appoint a guardian ad litem to act for them in the case, or a conservator for their affairs generally; a parent acts for a child. The claim is still the injured person’s, and any settlement for someone who lacks capacity or is a minor needs court approval in California. Aryan Aliakbarzadeh, Esq. handles that step as part of the case.

What should I be writing down after a head injury?

Symptoms, with dates: headaches, sleep, memory, concentration, mood, light and noise sensitivity, and anything that got worse. Appointments and what each doctor said. Days missed from work and things you could not do that you did before. Ask someone close to you to keep their own notes; their account of the change is evidence too.

How brain injuries cases work