Santa Cruz Brain Injury Attorney

Attorney Michael Rehm - (800) 978-0754

Brain Injury Claims in Santa Cruz County

Attorney Michael Rehm represents people who have sustained traumatic brain injuries in accidents throughout Santa Cruz County. TBI is among the most serious and most frequently undervalued categories of personal injury. The effects of a brain injury are not always visible, the full extent of the damage is not always immediate, and insurance companies routinely attempt to minimize claims by arguing that the injured person's symptoms are exaggerated or unrelated to the accident. Building a brain injury case that holds up requires prompt medical documentation, retained experts, and an attorney who understands the science.

Types of Traumatic Brain Injury

Traumatic brain injuries range from mild concussions to severe diffuse axonal injuries. A concussion — classified as a mild TBI — involves a disruption in brain function caused by a biomechanical force. Symptoms include headache, cognitive fog, memory difficulty, sleep disruption, light and noise sensitivity, and mood changes. "Mild" is a clinical classification, not a description of impact on daily life — a mild TBI can produce lasting cognitive and vocational consequences.

More severe injuries include contusions (bruising of brain tissue), subdural and epidural hematomas (bleeding between the brain and skull), diffuse axonal injury from rotational forces, and contrecoup injuries where the brain impacts the opposite side of the skull from the point of impact. Severe TBI can result in permanent cognitive impairment, personality changes, loss of motor function, and the need for lifetime care.

The Legal Basis for a Brain Injury Claim

California Civil Code §1714 imposes a duty of ordinary care on every person whose conduct creates a risk of harm to others. A driver who causes a collision producing traumatic brain injury, a property owner whose dangerous condition causes a fall, or an employer whose defective product causes a head injury has breached that duty and is liable for the resulting harm under Civil Code §3333 — all detriment proximately caused, whether anticipated or not.

Damages in Brain Injury Cases

Civil Code §3283 expressly permits recovery of future damages — losses certain to result in the future. In serious TBI cases this is the most significant category. Lifetime medical care, neuropsychological treatment, vocational rehabilitation, lost future earnings, and the cost of in-home assistance can represent the largest component of a brain injury claim. Establishing these future losses requires retained experts: neurologists, neuropsychologists, life care planners, and vocational rehabilitation specialists.

Noneconomic damages — CACI 3905A encompasses pain, suffering, emotional distress, loss of enjoyment of life, and loss of consortium — are also recoverable and frequently significant in brain injury cases where the injured person's personality, relationships, and ability to work have been permanently altered.

The Eggshell Plaintiff Rule

The defense may argue that the injured person had a pre-existing condition — a prior concussion, a history of migraines, anxiety, depression — that made them more susceptible to brain injury. This argument does not reduce the defendant's liability. Under California's eggshell plaintiff rule, a defendant takes the plaintiff as they find them. If the defendant's negligence aggravated a pre-existing condition, the defendant is liable for the full extent of the aggravation.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury claims. The discovery rule may apply where TBI symptoms were not immediately recognized as injury-related. Contact Attorney Michael Rehm to assess the timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles brain injury cases throughout Santa Cruz 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 only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.