5 Steps to Take After Suffering a Brain Injury

By Your Health Magazine

One moment, everything is normal—the next, your world is turned upside down. A brain injury can happen in an instant, whether from a car accident, a slip and fall, or a sports collision, but the consequences can last a lifetime. The confusion, pain, and uncertainty that follow can leave you feeling overwhelmed. What you do in the hours, days, and weeks after the injury could make all the difference in your recovery—and your future.

In Orange County, personal injury law is designed to protect victims and hold negligent parties accountable. However, navigating the legal system while dealing with a brain injury can be incredibly complex. Insurance companies often push for quick settlements that don’t cover long-term medical costs, and proving the full extent of your damages requires strong legal expertise. This is where an Orange County brain injury attorney can be invaluable, ensuring your rights are defended and you receive the compensation you deserve.

If you or a loved one has suffered a brain injury, taking the right steps immediately is crucial. Here are five essential actions to protect your health, your finances, and your legal rights.

5 Essential Steps to Follow After a Brain Injury

1. Seek Immediate Medical Attention

Even if your symptoms seem mild, a brain injury can have delayed or worsening effects. Conditions like concussions, traumatic brain injuries (TBIs), or intracranial bleeding may not show severe symptoms right away. Getting evaluated by a medical professional ensures proper diagnosis and documentation of your injury—critical for both your health and any future legal claims.

Under California law (California Civil Code § 3283), you typically have two years from the date of injury to file a personal injury lawsuit. However, waiting too long to seek treatment can weaken your case, as insurers may argue your injuries weren’t serious.

Strong evidence is key to securing fair compensation. Take these steps:

Photograph the accident scene (vehicle damage, hazardous conditions, etc.).
Save medical records, bills, and doctor’s notes detailing your diagnosis and treatment.
Keep a symptom journal tracking headaches, memory issues, mood changes, and missed workdays.

California follows pure comparative negligence (Civil Code § 1714), meaning even if you were partially at fault, you can still recover damages—though your compensation may be reduced. Proper documentation helps maximize your claim.

3. Report the Injury to the Relevant Parties

Car accidents: File a police report (required under California Vehicle Code § 20008 for injuries).
Work injuries: Notify your employer immediately (workers’ comp claims have strict deadlines).
Public or private property incidents: Report slips, falls, or assaults to the property owner or manager.

Failing to report promptly could jeopardize your ability to prove liability later.

4. Avoid Speaking to Insurance Adjusters Without Legal Counsel

Insurers often contact victims quickly, offering lowball settlements before the full extent of injuries is known. Under California Insurance Code § 790.03, insurers must act in good faith—but they’re still profit-driven.

Politely decline recorded statements or settlement offers until you consult a lawyer. Brain injuries often require long-term care, and accepting a premature offer could leave you financially vulnerable.

5. Consult a Lawyer Specializing in Brain Injury Cases

Brain injury claims involve complex medical and legal issues, from proving negligence to calculating future medical costs. A skilled lawyer can:

Investigate liability (e.g., reckless drivers, negligent property owners).
Work with neurologists to assess long-term impacts.
Negotiate with insurers or litigate if necessary.

Under California’s Medical Injury Compensation Reform Act (MICRA), non-economic damages (e.g., pain and suffering) in medical malpractice cases are capped at $250,000—but other injury claims (e.g., car accidents) have no such limit. An attorney ensures you pursue the fullest compensation available.

Final Thoughts

A brain injury can alter your life in seconds, but taking these steps helps protect your health, rights, and financial future. If negligence caused your injury, California law allows you to seek justice—but time is of the essence. Don’t navigate this alone; professional guidance can make all the difference.