A traumatic brain injury can change how you think, feel, and function—sometimes long after the accident “looks” minor. If you suffered a concussion, post-concussion symptoms, or a more serious brain injury after a crash, fall, unsafe property condition, or another preventable incident in San Diego County, Hulburt Law Firm represents individuals and families in serious TBI cases and wrongful death claims.
Throughout your brain injury case, we keep you informed, answer your questions, and explain each step in plain language. Because we limit the number of catastrophic injury and wrongful death cases we accept, we can build the kind of evidence TBI cases require—neurology and neuropsychology records, cognitive testing, imaging, and testimony from family, friends, and coworkers about how life has changed.
Brain injuries are often underestimated by insurance companies because symptoms can be “invisible.” We work with the right medical and financial experts to document the full impact—treatment needs, long-term care, lost earning capacity, and the day-to-day consequences for you and your family.
Our attorneys have a proven track record of achieving extraordinary results.
Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.
A San Diego I-5 freeway collision resulted in brain and spine injuries.
An apartment building owner in San Diego failed to maintain the second story guard railings, resulting in a woman falling through a railing and suffering a brain injury.
An apartment complex owner ignored the dangers of second-story window seats, resulting in a toddler falling out of a window and suffering a severe brain injury.
The driver's head restraint broke off when he was rear-ended at high speed on the 15 freeway, causing the driver to suffer a spinal cord injury and paralysis.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A young woman was standing on a second-story landing to an apartment complex in San Diego when she was pushed during an altercation. When she hit the guard railing, it collapsed and she fell off the landing. She landed on her head and suffered a severe and life-changing brain injury. The property management claimed it had no fault and that the assailant was entirely to blame.
The guard railing never should have collapsed under the weight of the young woman. Inspection of the railing revealed that it had been eaten away by termites and dry rot. Video of the railing that was repaired after the incident showed that it was still loose and prone to failure.
Once it became clear that the guard railing was in obvious disrepair, the apartment complex owner and property manager paid their policy limits.
If you or a loved one is dealing with a concussion or traumatic brain injury after an accident in San Diego, you don’t have to navigate this alone. Request a free brain injury case review.
During your free case review, we listen to what happened, what symptoms you’re experiencing, and how the injury is affecting your daily life and work. We review any information you already have—accident reports, photos or video, medical records, imaging results, and insurance letters—and give an honest assessment of whether a brain injury claim may be available under California law. This conversation is confidential and there’s no obligation to move forward.
If you decide to work with us and the scope of representation is signed, we move quickly to investigate the incident and preserve key evidence. Depending on the cause of the injury, that may include securing traffic-camera or business-camera footage, documenting the crash scene or hazardous property condition, obtaining police or incident reports, interviewing witnesses, and preserving physical evidence. Acting early matters because video is often overwritten and conditions at a scene can change quickly.
Brain injuries are often underestimated because symptoms can be hard to “see.” We work to gather the right medical evidence, which may include emergency records, neurology evaluations, cognitive and memory assessments, therapy notes, and imaging. When appropriate, we coordinate with qualified specialists—such as neuropsychologists and other experts—to document cognitive changes, attention and processing issues, mood changes, and other effects that may not appear clearly on a scan.
Using the evidence, we identify all potentially responsible parties—such as negligent drivers, property owners, employers, product manufacturers, or public entities responsible for dangerous roadways. At the same time, we evaluate the full scope of damages, including past and future medical care, rehabilitation, lost income and reduced earning capacity, and the ways the brain injury has changed your independence, relationships, and ability to function day to day.
We handle communications with insurance companies and defense lawyers so you don’t have to. In brain injury cases, insurers often try to argue symptoms are unrelated, “just a concussion,” or based on pre-existing conditions. We present the medical and life-impact evidence—including expert opinions when needed—to show the true extent of the injury and what your future needs look like. Throughout negotiations, we keep you informed, explain offers in plain language, and help you weigh settlement versus litigation.
If a fair resolution cannot be reached, we are prepared to file a lawsuit and take your case to court. Litigation can involve written discovery, depositions of witnesses and medical providers, and testimony from experts such as neurologists, neuropsychologists, life-care planners, and economists. At trial, we work to present complex brain-injury evidence clearly and persuasively—so decision-makers understand not only how the injury happened, but how it has changed your life and what it will require going forward.
Brain injury cases in California are often evaluated under the same legal framework as other serious injury claims—negligence, causation, and damages—but TBIs frequently require more medical and “life impact” evidence because symptoms can be subtle, delayed, or difficult to measure.
In most traumatic brain injury (TBI) claims, the injured person must generally show that:
Because brain injuries can be “invisible,” liability disputes often go hand-in-hand with disputes about whether symptoms are crash-related or whether they reflect a pre-existing condition. Careful medical documentation and, when appropriate, neuropsychological testing can be critical.
California follows a pure comparative negligence system. That means an injured person can often still recover compensation even if they share some responsibility for the incident (for example, a fall where footwear, distraction, or other factors are argued). Any recovery is reduced by the person’s percentage of fault.
This becomes important in TBI cases because insurers frequently try to shift blame or argue the injury is exaggerated. A solid liability investigation plus strong medical proof tends to matter more in brain injury cases than in many other injury claims.
Depending on the facts, a brain injury claim may seek compensation for:
Economic damages
Non-economic damages
If a brain injury results in death, surviving family members may have wrongful death and related survival claims, which have different categories of damages and rules.
California has strict filing deadlines (statutes of limitations). Missing a deadline can bar a claim entirely.
Most personal injury and wrongful death cases:
Medical malpractice brain injury cases:
Claims involving government entities (dangerous roads, public property, public vehicles):
Because brain injuries are sometimes diagnosed over time, it’s important to talk with a lawyer promptly so the correct deadlines are identified and protected.
When a person dies after a brain injury, families often ask whether the estate can recover damages for what the person experienced before death. In California, survival claims are governed by specific rules, and there has been a recent, time-limited change that affects what damages may be available depending on when the case was filed.
In general terms, California temporarily allowed recovery of pain, suffering, or disfigurement damages in survival actions filed between January 1, 2022 and before January 1, 2026, and that temporary rule ended for new filings on or after January 1, 2026.
Because these rules are technical and can be filing-date dependent, a lawyer can explain how wrongful death and survival claims may apply to your specific situation.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
If you suspect a concussion or traumatic brain injury, prioritize medical care. Seek evaluation as soon as possible—especially if you have worsening headaches, dizziness, confusion, nausea, vision changes, or unusual fatigue. Follow medical instructions, avoid activities that risk another head impact, and keep a written log of symptoms day-to-day.
If your brain injury happened in a crash, fall, or other incident in San Diego County, try to preserve evidence early (photos, witness info, incident reports, and any nearby camera locations). Insurance companies often ask for statements quickly; it’s usually best to understand your options before giving a recorded statement.
Yes. Many concussions and mild traumatic brain injuries don’t show up clearly on standard imaging like CT scans, especially early on. A normal scan doesn’t mean you aren’t experiencing real symptoms or functional changes.
In many cases, the strongest evidence comes from consistent medical documentation, follow-up care, and testing that evaluates cognitive function—such as neuropsychological assessment—along with reports from family or coworkers describing changes in memory, mood, concentration, and daily functioning.
Post-concussion syndrome generally refers to concussion symptoms that persist beyond the expected recovery window. Symptoms can include headaches, dizziness, sleep disruption, sensitivity to light or noise, memory or concentration problems, irritability, anxiety, and depression.
How long symptoms last varies from person to person. Some recover within weeks, while others experience lasting issues that affect work, school, and relationships. If symptoms persist, follow-up evaluation (including neurology and neuropsychology in some cases) can help document what’s happening and guide treatment.
Brain injury symptoms can look different depending on the severity and the part of the brain affected. Common signs include:
If symptoms are severe or worsening—especially confusion, repeated vomiting, seizures, or loss of consciousness—seek emergency care immediately.
Many TBIs and concussions happen in preventable incidents, including:
Identifying the cause matters because it determines who may be responsible (driver, property owner, employer, manufacturer, or even a public entity in dangerous roadway cases).
You’re not required to hire a lawyer, but brain injury cases are often harder than other injury claims because symptoms can be “invisible” and insurers frequently argue they’re unrelated, exaggerated, or pre-existing. A lawyer can help gather the right medical documentation, preserve evidence, and coordinate qualified experts to explain the injury and its long-term impact.
If your injury happened in San Diego County, an attorney familiar with local courts, common crash locations, and government-claim deadlines (when a public roadway or property is involved) can help you navigate the process more effectively.
Strong brain injury cases usually rely on both liability evidence and medical proof, including:
Because video can be overwritten quickly and property conditions can change, acting early can make a major difference.
In many cases, compensation may include:
If a brain injury results in death, the family may have wrongful death and survival claims with additional categories of damages.
In many cases, the general deadline to file a personal injury lawsuit is two years from the date of injury. Different rules can apply for medical malpractice TBIs and claims involving public entities (like dangerous roads or public property), which can require much shorter government-claim deadlines.
Because brain injuries are sometimes diagnosed over time and these deadlines can be technical, it’s best to speak with a lawyer promptly—especially if the incident happened on public property or involved a government vehicle in the San Diego area.
Depending on the case, a brain injury claim may involve experts such as:
Experts help translate complex medical issues into clear evidence about the injury, future needs, and long-term life impact.
After a fatal brain injury, certain family members may be able to bring wrongful death and related survival claims under California law. Wrongful death claims focus on the family’s losses—such as loss of financial support and the loss of love, companionship, and guidance—along with funeral and burial expenses. Survival claims are brought on behalf of the estate and may address harms your loved one suffered before death.
Because these cases can involve multiple defendants and strict deadlines (including shorter deadlines in cases involving public entities), it can help to speak with a lawyer soon after a loss in San Diego County to understand what options may be available.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.