Brain Injury · TBI
California Traumatic Brain Injury (TBI) Attorney
Civil trial representation for survivors and families coping with traumatic brain injury. These cases require careful separation of diagnosis, incident-specific causation, functional change, and legally recoverable loss.
Medical care first. Accurate records. Qualified opinions. Individual proof.
Medical care comes before claim development
The Centers for Disease Control and Prevention describes a mild TBI or concussion as an injury caused by a bump, blow, or jolt to the head, or a hit to the body that moves the head and brain rapidly back and forth. Symptoms can affect thinking, learning, emotion, behavior, sleep, balance, vision, and physical comfort. Symptoms vary by person and can appear immediately or hours or days later.
Anyone who may have a TBI should obtain appropriate medical evaluation. CDC directs people to call 911 or seek immediate emergency care for adult danger signs, including a worsening headache that does not go away, repeated vomiting, seizures, weakness or numbness, decreased coordination, slurred speech, unusual behavior, unequal pupils, increasing confusion or agitation, loss of consciousness, marked drowsiness, or inability to wake. Children can show these signs and may also cry inconsolably or refuse to nurse or eat; seek immediate emergency care for danger signs. This page does not diagnose an injury or replace medical care.
What a normal scan can and cannot answer
CDC explains that a CT scan is not needed to identify a mild TBI or concussion but may be used when a patient is at risk for bleeding. Its recommendations for adults with mild TBI seen in an emergency department say not to image routinely, including CT and MRI, and to use clinical decision rules to determine need. That means a normal acute scan does not, by itself, resolve whether a person experienced a mild TBI. It also does not prove that later symptoms came from a particular incident.
Imaging has a medical purpose chosen by qualified clinicians. This page does not recommend DTI, MRS, SPECT, PET, or any other test for a particular person, and no test is a universal substitute for a complete clinical and causation analysis.
Build a longitudinal record without turning treatment into advocacy
A useful record begins with the history given to clinicians, examination findings, imaging purpose and results, discharge instructions, medication, follow-up, and prior medical history. It then tracks actual function over time: work or school tasks, driving, sleep, memory, concentration, balance, headaches, relationships, and daily activities. Family members, coworkers, and contemporaneous records may provide information a patient does not recognize or remember.
Accuracy matters more than volume. Symptoms may overlap with sleep disruption, pain, medication effects, mental-health conditions, prior injuries, and other medical causes. Follow qualified treatment advice; do not self-diagnose, exaggerate, or seek a test or treatment only to build litigation evidence.
Keep four proof questions separate
- Diagnosis: What condition does a qualified clinician diagnose, using the history, examination, appropriate testing, and differential diagnosis?
- Specific causation: What evidence connects that condition to this incident? Timing may be relevant, but temporal sequence alone does not establish causation.
- Functional change: What can the person reliably do before and after the event, and what records or witnesses support the claimed change?
- Legally recoverable loss: Which medical expenses, work losses, care needs, and noneconomic harms are supported, reasonable, attributable to the event, and recoverable under the governing law?
Testing and experts must fit the actual question
CDC notes that neuropsychological or neurocognitive testing can help a healthcare provider evaluate learning, memory, concentration, and problem solving. A qualified examiner must interpret results in context, including the person’s education, language, prior functioning, sleep, pain, medication, mental health, performance-validity, and symptom-validity information. No score or “clean” validity profile automatically proves injury, causation, honesty, or malingering.
The appropriate professionals vary. Treating clinicians may address diagnosis and care; other qualified experts may be needed for neurology, rehabilitation, neuropsychology, vocational capacity, future care, or economics. A long expert list is not a measure of a case’s strength.
Future care and economic loss are individualized
CDC states that moderate and severe TBI can lead to long-term or lifelong health problems and that some people need ongoing care. That general proposition does not establish any person’s prognosis, care plan, or cost. A damages analysis should start with medically supported needs, their frequency and duration, equipment or accessibility needs, work capacity, earnings history, reasonable costs, life expectancy, and any required present-value calculation. There is no standard TBI multiplier or automatic multimillion-dollar value.
California claim timing depends on the actual defendant and facts
Code of Civil Procedure § 335.1 generally provides two years for an action for injury caused by another’s wrongful act or neglect. It is not a universal deadline. Public-entity claims and other parties, causes of action, and accrual rules may impose different or earlier requirements. A deadline must be calculated from the actual facts and documents.
Matters this office evaluates
The firm evaluates suspected brain-injury claims arising within its accepted civil practice, including suitable vehicle, commercial-truck, fall, premises, construction, product, and work-related third-party matters. It does not handle workers’ compensation claims themselves. Acceptance depends on conflicts, facts, timing, venue, available evidence, and the firm’s ability to undertake the representation.
Sources and editorial responsibility
Law Offices of David L. Milligan, APC. Updated September 7, 2026. Prepared with AI assistance; the linked CDC clinical and patient guidance, the cited neuropsychology consensus statement, and California law were checked for this revision. Qualified clinicians must apply medical guidance to the individual patient; this page is not a medical opinion.
Qualified and primary sources: CDC’s About Mild TBI and Concussion, Symptoms of Mild TBI and Concussion, Adult Mild-TBI Key Recommendations, About Moderate and Severe TBI, and Code of Civil Procedure § 335.1. Validity terminology also follows the 2021 AACN consensus on validity assessment. Medical guidance can change and must be applied by a qualified healthcare professional.
Serving Fresno & the Central Valley
From its Fresno office, the firm evaluates suitable brain-injury matters from Fresno, Clovis, communities across the Central Valley, and elsewhere in California. Acceptance depends on the facts, parties, venue, timing, medical and causation evidence, and the firm’s ability to undertake the work.
The proper court depends on venue and jurisdiction; a federal forum is not automatic. The office is located at 1265 W. Shaw Ave., Suite 100, Fresno. See the communities we serve →
Common Questions
Does a normal CT scan rule out a mild TBI or concussion?
No single scan answers every question. CDC explains that a CT scan is not needed to identify a mild TBI or concussion but may be used when a patient is at risk for bleeding. Its recommendations for adults with suspected or diagnosed mild TBI seen in an emergency department say not to image routinely and to use clinical decision rules. A qualified clinician must interpret the history, examination, symptoms, imaging purpose, and follow-up. A normal scan alone neither proves nor disproves legal causation or damages.
Which head-injury symptoms require immediate emergency care?
CDC lists adult danger signs including a worsening headache that does not go away, repeated vomiting, seizures, weakness or numbness, decreased coordination, slurred speech, unusual behavior, one pupil larger than the other, increasing confusion or agitation, loss of consciousness, marked drowsiness, or inability to wake. Children can show the adult danger signs and may also cry inconsolably or refuse to nurse or eat. Call 911 or seek immediate emergency care for danger signs. This page is not medical advice.
What should I document after a suspected brain injury?
Seek appropriate medical care and follow the clinician’s instructions. Preserve the initial history, reported symptoms, examination findings, medication and activity instructions, follow-up, prior medical history, and accurate examples of changes in work, school, sleep, driving, relationships, and daily tasks. Contemporaneous records are useful because symptoms and function can change. Do not exaggerate, self-diagnose, or pursue treatment solely to create a claim.
Does neuropsychological testing prove a TBI or rule out exaggeration?
No. Neuropsychological or neurocognitive testing can help a qualified clinician evaluate areas such as learning, memory, concentration, and problem solving. Results must be interpreted with the history, examination, performance-validity and symptom-validity measures, prior functioning, mental health, medication, sleep, pain, language, education, and other relevant factors. No score or validity profile automatically proves injury, causation, honesty, or malingering.
How are diagnosis and legal causation different?
A medical diagnosis addresses the patient’s condition. A legal claim also requires evidence connecting the defendant’s conduct to the injury and claimed losses. Timing is relevant but is not sufficient by itself. Prior symptoms, alternative medical explanations, intervening events, the mechanics of the incident, and qualified expert opinions may matter.
How are future care and economic loss evaluated?
The inquiry is individualized. It may include treating-provider opinions, prognosis, reasonable and medically supported services, frequency and duration, equipment or accessibility needs, work capacity, earnings evidence, life expectancy, costs, and present-value analysis. A diagnosis or injury label does not supply a preset care plan or dollar amount.
What filing deadline applies to a California TBI claim?
Code of Civil Procedure § 335.1 generally provides two years for an action for injury caused by another’s wrongful act or neglect. Public-entity claims and other defendants, causes of action, and accrual rules can impose different or earlier requirements. A deadline must be calculated from the actual facts and documents, not from this general description.
To request an initial case review:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”
Chief Justice John Marshall · Marbury v. Madison (1803)
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not by itself create an attorney–client relationship or protect a deadline. Do not send records or unnecessary sensitive facts unless requested. The office will confirm in writing if it accepts representation. Past results do not guarantee future outcomes. The legal framework applicable to a specific case depends on the facts. David L. Milligan is licensed to practice law in California.