San Francisco Brain Injury Lawyer

Under California Code of Civil Procedure §335.1, you generally have two years from the date of your injury to file a personal injury lawsuit. If your injury was caused by a government entity — such as the San Francisco Municipal Transportation Agency (MUNI) — you must file a government tort claim within six months. We strongly recommend contacting us as soon as possible, because evidence degrades and witnesses’ memories fade quickly in complex brain injury cases.

Brain injury victims in California can recover economic damages — including medical bills, future care costs, lost wages, and lost earning capacity — as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly reckless conduct, punitive damages may also be available. Given the lifelong impact a traumatic brain injury can have, we work with neurologists, life-care planners, and economists to build a full damages picture.

Yes. California follows a pure comparative fault rule, which means your compensation is reduced by your percentage of fault — but you can still recover even if you were 99% responsible. For example, if you suffered a brain injury in a collision on the Bay Bridge and were found 20% at fault, you can still recover 80% of your total damages. We investigate every case thoroughly to minimize any fault attributed to you.

We handle brain injury cases on a contingency fee basis, meaning you pay nothing unless we win. Our fee is a percentage of the recovery, so there are no upfront costs, no hourly charges, and no out-of-pocket expenses during the case. This arrangement allows injured San Franciscans to access experienced legal representation regardless of their financial situation.

Seek emergency medical care first — even if symptoms seem mild, brain injuries can worsen rapidly. Call 911, get to UCSF Medical Center, San Francisco General, or the nearest emergency room, and follow every medical recommendation. Preserve all evidence you can: photographs of the scene, contact information for witnesses, and copies of any police or incident reports. Then call our office before speaking with any insurance adjuster.

Absolutely. Brain injuries frequently result from car, truck, motorcycle, and pedestrian accidents on high-incident corridors like Market Street, 19th Avenue, and the I-80 interchange. We investigate fault by obtaining traffic camera footage, police collision reports, and accident reconstruction experts. If another driver’s negligence caused your injury, we will pursue full compensation from their insurance carrier and, if necessary, a jury.

Do not accept any settlement offer without consulting us first. Insurance companies routinely make early, low offers before the full extent of a brain injury is understood — long-term cognitive deficits, personality changes, and seizure disorders may not appear for weeks or months. Once you sign a release, you cannot go back for additional compensation. We will evaluate any offer against your actual lifetime losses before advising you to accept.

To establish liability, we must show that the at-fault party owed you a duty of care, breached that duty, and that the breach directly caused your brain injury. We gather evidence including medical records, expert testimony from neurologists and accident reconstructionists, surveillance footage, and witness statements. In San Francisco slip-and-fall cases, for example, we document the dangerous condition and the property owner’s knowledge of it using city inspection records and prior incident reports.

Brain injury cases are among the most complex personal injury matters and often take one to three years to fully resolve, depending on the severity of the injury, the number of defendants, and whether the case goes to trial in San Francisco Superior Court. We do not rush settlements at the expense of full compensation — particularly with brain injuries, we want your treating physicians to reach maximum medical improvement before we finalize any demand. We keep you informed at every stage so you are never left wondering about your case status.

Liability depends on the circumstances of the injury. In auto accidents, the negligent driver and potentially their employer may be responsible. In slip-and-fall cases, a property owner or manager may be liable. In defective product cases, the manufacturer or distributor may bear responsibility. In some San Francisco cases involving poorly maintained public sidewalks or MUNI vehicles, the City and County of San Francisco can be named as a defendant. We identify every potentially liable party to maximize your recovery.

Your health insurance or, in auto accident cases, your MedPay or PIP coverage should cover immediate treatment costs. We also work with medical providers willing to treat on a lien basis, meaning they defer payment until your case resolves. We coordinate with your insurers and providers to ensure you receive the care you need without delaying treatment due to financial concerns.

The value of a TBI claim depends on the severity of the injury, your age, your pre-injury earnings, the cost of future medical care, and the impact on your daily life. Mild TBIs with full recovery may settle in the tens of thousands; severe TBIs requiring lifelong care can result in multi-million dollar verdicts or settlements. We use neurocognitive experts, life-care planners, and forensic economists to build the most complete damages case possible.

Our free consultation is a confidential meeting — in person at our San Francisco office, by phone, or by video — where we review the facts of your case and explain your legal options at no charge and with no obligation. Bring any medical records you have, accident or incident reports, insurance correspondence, photographs, and a list of treating providers. If you cannot travel due to your injuries, we will come to you.

Yes. California’s wrongful death statute allows surviving spouses, domestic partners, children, and other dependents to pursue compensation for the loss of financial support, companionship, and emotional support caused by a fatal brain injury. A separate survival action can also recover damages the deceased would have been entitled to had they lived, including medical expenses and pre-death pain and suffering. We handle these deeply sensitive cases with care and aggressive advocacy for families throughout the Bay Area.

Many brain injuries are not immediately obvious — symptoms such as headaches, confusion, memory lapses, mood changes, and sensitivity to light may appear days after an accident. A formal diagnosis typically requires neurological evaluation and imaging such as CT or MRI scans. We always advise clients to seek medical evaluation promptly after any accident involving a blow or jolt to the head, because early documentation of symptoms is critical to both your health and your legal claim.