Brain Injury Lawyers in Los Angeles, California

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Los Angeles Brain Injury Lawyers

Stalwart Law Group’s brain injury attorneys have secured more than $100 million for victims across Los Angeles and California, including:

$68 million — Brain damage following premature abandonment of heart surgery
$17 million — Birth injury resulting in brain damage, the highest verdict in Los Angeles County at the time
$14 million — Brain damage caused by negligent emergency response at a Los Angeles gym

Recognized by Best Lawyers® in Personal Injury Litigation and Medical Malpractice Law, Southern California Super Lawyers in MedMal Plaintiff, and numerous other distinctions, our team is focused entirely on the people we represent.

If you or a loved one has suffered a brain injury due to an accident, medical negligence, or another party’s recklessness, contact Stalwart Law Group today. Our attorneys will evaluate your case, explain your rights, and fight to secure the maximum compensation available to you under California law.

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What is a Brain Injury?

A brain injury is damage to the brain or skull that affects how the brain works, potentially disrupting essential functions like memory, communication, and physical movement. Brain injuries can result from external force to the head or internal conditions like infections, hemorrhages, or lack of oxygen.

The severity of brain injuries ranges from mild concussions that cause temporary symptoms to catastrophic brain injuries that result in permanent loss of brain function. Recovering from brain damage often involves extensive medical treatment, rehabilitation, and support. When these injuries result from another person’s or organization’s negligence, whether through preventable physical accidents or medical malpractice, victims have the right to pursue compensation to ease the burden of the injury and help rebuild their lives.

If you or a loved one has suffered a brain injury in Los Angeles, Los Angeles County, or anywhere in California, you may be entitled to significant compensation. Speaking with an experienced brain injury attorney as early as possible is one of the most important steps you can take.

Medical Malpractice Brain Injuries

Stalwart’s award-winning attorneys specialize in medical malpractice and catastrophic brain injury cases in Los Angeles and throughout California. Our leading medical malpractice lawyer, Dr. Steven Heimberg, is both a physician and an attorney who has won historic verdicts in California. Dr. Heimberg has dedicated his career to helping people and fighting for justice exclusively on behalf of the injured throughout California and the whole of the United States.

If a brain injury was caused by medical malpractice, or negligence on behalf of a healthcare professional or institution, the stakes of the lawsuit become much higher. Medical malpractice brain injury cases often yield high settlements and can set potentially life-saving precedents in the medical community.

Medical negligence can lead to brain injuries in the following ways:

Delayed or missed diagnosis and treatment of stroke
Oxygen deprivation, also known as a hypoxic brain injury
Failure to recognize and treat infections
Misdiagnosis leading to worsening of brain injury
Failure to treat ongoing brain issues such as seizure disorder
Medication Errors
Surgical Errors

Brain Injury Settlements: Why Stalwart Law is the Best Legal Team to Help in Your Case

Our Los Angeles based brain injury lawyers have secured hundreds of millions of dollars on behalf of our clients across California, including:

$68 MILLION

Verdict against a surgeon who prematurely left the OR after heart surgery which resulted in brain damage to the patient. One of the highest brain injury verdicts in California history.

$17 MILLION

Verdict in a birth injury case that resulted in brain damage. At the time of settlement, this was the highest verdict ever delivered in Los Angeles County.

$14 MILLION

Verdict against LA Fitness for brain damage suffered by a patron due to improper CPR and lack of emergency response plan.

$9 MILLION

Malpractice verdict for a woman with congenital brain problems whose brain shunt became infected, leading to near-paralysis and additional brain damage.

$8.95 MILLION

Medical malpractice settlement for a doctor’s failure to diagnose developing hydrocephalus in a 16-year-old boy with a previously diagnosed brain tumor leading to permanent brain injury.

How to Prove Your Brain Injury Claim in California and Win Your Case

Proving your brain injury claim in California requires demonstrating that another party’s negligence, recklessness, or intentional actions caused your injury. This involves submitting evidence to prove the severity of your injury and the defendant’s responsibility for your damages. California courts expect thorough documentation — from medical records and expert testimony to accident reconstruction reports. To secure maximum compensation, victims should work with a Los Angeles brain injury lawyer who has both a strong medical and legal understanding of these cases.

Essential Elements to Prove Your Claim

A brain injury lawyer will help win your case by supporting your claim with these key elements:

Medical Records and Test Result

All medical documentation that proves you have suffered a brain injury and describes the severity of your damages.

Incident Reports

Official documentation such as police reports, workplace injury reports, or EMT records from the incident.

Expert Testimony

Recruiting experts like neurologists to validate the severity of your injury is crucial to supporting your claim.

Life Impact

Documenting how the brain injury has affected your ability to work, enjoy life, and support yourself will help identify compensable damages.

Eyewitness Statements

Testimonies from those who witnessed the accident can establish how the incident occurred and who was at fault.

Proof of Causation

Establishing that your injury was the direct cause of someone’s negligent or reckless actions, rather than pre-existing conditions or other factors.

Our Los Angeles brain injury attorneys guide you through each of these elements from the moment you contact us, building the strongest possible case on your behalf. Your lawyer will work closely with you to gather evidence, recruit expert witnesses, and legally establish the responsibility of the defendant. In addition to gathering evidence, the discovery process may also involve a CT scan or MRI to uncover signs of bleeding in the brain (hemorrhage), blood clots (hematomas), bruised brain tissue (contusions), and brain tissue swelling.

Comparative Fault in California

In California, brain injury laws follow the rule of pure comparative negligence, meaning that a plaintiff’s compensation can be reduced if they are found partially at fault for their injury. For example, if a plaintiff is 25% responsible for their injury, their total compensation will be reduced by that percentage.

This means you can still file a lawsuit and win your claim even if you are partially responsible for the incident. Although your maximum monetary reward may be reduced, can still recover economic and non-economic damages that will help your recovery.

Compensation for Brain Injuries in California

If you have sustained a head or brain injury due to a traumatic accident or the negligence of a third party, our brain injury attorneys will help by handling all aspects of your lawsuit. Our mission is to secure the maximum financial settlement available to you.

The amount awarded in brain injury lawsuits ranges greatly based on severity, life impact, and the circumstances of the case, such as the level of liability of the parties involved. In general, the more severe the injury, and the higher the resulting expenses, the more compensation your case will command. Based on available information, the average brain injury settlement in California is between $1 million to $6 million, with mild cases starting near $20,000, and more catastrophic cases reaching as high as $70 million. At Stalwart Law, our highest brain injury settlements have rewarded an average of $20 million to victims.

A well-qualified brain injury lawyer can analyze your case and estimate your compensable damages. If you’ve endured a brain injury due to someone’s negligence, you’re likely entitled to payment for the following economic and non-economic damages:

Medical Bills
Rehabilitation expenses
Future medical needs
Pain and suffering

Lost Wages
Loss of earning capacity
Punitive damages

Schedule a free consultation with our Los Angeles team of Brain Injury lawyers

Frequently Asked Questions

What Is the First Step in Filing a Brain Injury Lawsuit in California?

The first step is to consult with a qualified Los Angeles brain injury attorney who has experience handling similar cases in California. An initial consultation typically involves reviewing the details of the injury, the circumstances that led to it, and the potential for a legal claim. The attorney will assess the viability of your case and advise on the best course of action.

How Long Do I Have to File a Brain Injury Lawsuit in California?

In California, the statute of limitations for personal injury cases, including brain injury lawsuits, is generally two years from the date of the injury. However, if the injury was not discovered right away, you might have one year from the date the injury was discovered. There are exceptions to these rules, so it’s crucial to consult with an attorney as soon as possible to avoid missing critical deadlines.

What Kind of Compensation Can I Expect From a Brain Injury Lawsuit?

Compensation in brain injury cases can vary widely depending on the severity of the injury, the impact on the victim’s life, and the circumstances of the incident. Generally, compensation may cover medical expenses, rehabilitation costs, lost wages, loss of future earning capacity, pain and suffering, and, in some cases, punitive damages.

Are Brain Injury Lawsuits Expensive to Pursue?

The cost of pursuing a brain injury lawsuit can vary, but many brain injury lawyers in California work on a contingency fee basis. This means the attorney’s fees are contingent upon securing a settlement or winning a verdict. Typically, the lawyer will take a percentage of the compensation awarded. Expenses for medical experts, investigations, and court fees are often advanced by the attorney and reimbursed from the settlement or award.

How Is Fault Determined in a Brain Injury Case?

Determining fault involves establishing negligence on the part of the defendant. Your attorney will need to prove that the defendant owed a duty of care, breached that duty, and directly caused the injury due to their actions or inactions. This often requires extensive evidence gathering, including medical records, eyewitness testimony, and expert analysis. California follows a pure comparative fault rule, meaning you can still recover compensation even if you were partially at fault.

What Should I Expect During the Litigation Process?

Litigation can be lengthy and complex, involving several stages, including filing the lawsuit, discovery (where both sides exchange evidence), settlement negotiations, and potentially a trial. Throughout this process, your attorney will advocate on your behalf, negotiate with the defense, and prepare for trial if necessary. Communication with your legal team is key to understanding each phase and making informed decisions.

How Long Does a Brain Injury Lawsuit Take in California?

The duration of a brain injury lawsuit can vary significantly, from several months to a few years, depending on the complexity of the case, the willingness of parties to settle, and the court’s schedule. While settlements can resolve cases more quickly, going to trial typically extends the timeline.

Can I Settle My Brain Injury Claim Outside of Court?

Yes, many brain injury claims are settled out of court. Settlements can provide a quicker resolution and guaranteed compensation without the uncertainties of a trial. Your attorney will negotiate with the defense to reach a fair settlement that covers your needs. However, if a satisfactory agreement cannot be reached, your case may proceed to trial.