Orange County Brain Injury Attorney

A traumatic brain injury brings not only overwhelming physical challenges but also lasting psychological and emotional effects. It’s essential for victims to work with an attorney who understands the unique medical and legal complexities these cases involve The Orange County brain injury lawyers at Aitken * Aitken * Cohn have assisted countless brain injury clients to reach extremely successful results in their legal matters.

Our attorneys have represented clients throughout Orange County, including Santa Ana, Irvine, Anaheim, and Costa Mesa, and regularly appear in the Orange County Superior Court.

Traumatic brain injury is sudden physical damage to the brain and is commonly known as “The Silent Epidemic” as the brain’s injuries are unseen. Damage may be caused by the head forcefully hitting an object or by something passing through the skull and piercing the brain, such as a gunshot wound or other penetrating head injury. The most common cause of traumatic brain injury is motor vehicle accidents. Other causes include falls, sports injuries, violent crimes, and birth injury.

Common Causes of Brain Injuries

Brain injuries can happen in a variety of ways. Typically, they are caused by a blow to the head or some other traumatic injury to the head or to the body. The severity of brain injury depends on several factors, including the force of the initial impact and the nature of the injury itself. Some of the most common events that cause a traumatic brain injury include:

• Falls. This can include falls from a bed, ladder, down the stairs, in the bathroom, slips and falls in stores, and more. Falls are the most common cause a brain injury overall, particularly for older adults and children.
• Vehicle accidents. Traffic accidents or another leading cause of traumatic brain injury. This can include vehicle versus vehicle accidents as well as incidents involving motorcycles, bicycles, or pedestrians.
• Sports injuries. Traumatic brain injuries are regularly caused by sports and recreational activities. Football, basketball, boxing, skateboarding, hockey, soccer, and other high-impact sports can lead to serious head injuries. Sports-related brain injuries are particularly common among younger adults and children.
• Explosive incidents. Blasts from explosions are a common cause of traumatic brain injury in military personnel.
• Violence. Incidents such as child abuse, domestic violence, other assaults, and gunshot wounds can cause traumatic brain injuries. Shaken baby syndrome is a leading cause of traumatic brain injury for infants and can be caused by an adult violently shaking an infant.

Types of Brain Injuries

Five main types of injuries that can affect the brain include:

• Hemorrhage– Uncontrolled bleeding that occurs in the space around the brain and/or within the brain tissue itself.
• Hematoma– Clotting of blood outside the brain vessels or within the brain. The clotting can build up pressure inside the skull.
• Concussion-A mild traumatic brain injury (mTBI) that occurs when an impact is severe enough to jostle the brain back and forth in the skull.
• Edema– Swelling of the brain. This can be incredibly dangerous because the skull cannot stretch to accommodate any swelling, which can lead to dangerous pressure buildup inside the skull.
• Skull fracture– The skull is very difficult to break, so a skull fracture indicates that there was a significant blow to the head that could affect the brain.

Effects of Brain Injury

After a traumatic brain injury, the resulting physical, behavioral, and/or mental changes depend on which areas of the brain are injured. Most often, focal brain damage occurs, which is damage confined to just a small area of the brain. This point is usually where the head has hit an object. “Closed head” brain injuries often cause scattered brain injuries or damage to other areas of the brain. Diffuse damage is the result of an impact that causes the brain to move back and forth against the skull. Frontal and temporal lobes, responsible for speech and language, are often the most affected because they sit in the areas of the skull that allow more room for the brain to shift and sustain an injury. Speech and language are therefore affected, as well as voice, sense of smell, swallowing, walking, balancing, and coordination, as well as changes in memory and cognitive skills.

The effects of brain damage are generally greatest immediately following the injury. However, long-term problems are difficult to assess right away. Some damage may be caused by contusion, bruising of the brain that is usually temporary. Focal damage may result in long-term and permanent difficulties. Over time, other areas of the brain can learn to take over the functions of the damaged areas, so in some cases, the condition may improve. When a traumatic brain injury occurs in a child, they may progress better than an adult because their brain has greater flexibility.

The brain stem regulates basic arousal and regulatory functions, as well as attention and short-term memory. When a traumatic brain injury occurs and affects this area, disorientation, frustration, and anger can result. In moderate to severe injuries, swelling can cause pressure on the brainstem. Consciousness or wakefulness can be affected, so a person may fall into a coma.

Higher up in the brain than the brain stem is the limbic system, which helps regulate emotions. The temporal lobes are connected to the limbic system and are involved in many different cognitive skills, including memory and language. Behavioral disorders have resulted from damage to the temporal lobes or seizures in this area. Commonly, the frontal lobe is damaged in traumatic brain injuries because it is so large and located near the front of the cranium. The frontal lobe is considered the emotional and personality control center, as well as serving many cognitive functions. Damage to the frontal lobe can lead to decreased judgment and increased impulsivity.

Traumatic brain injury can cause cognitive impairments, like trouble concentrating and organizing thoughts, and becoming easily confused or forgetful. It may be difficult to learn or retain new information, or interpret the actions of others, which can lead to social problems, such as making inappropriate statements. Problem-solving, decision-making and planning could be difficult as well as judgment.

Brain injury can cause serious language issues, such as difficulty articulating words and forming sentences. Frustration and anger can be directed at the other person because of the difficulties a person with a brain injury can experience when trying to carry on a conversation. Others may not even be aware of their errors. Reading and writing may also become a problem. Mathematical abilities, simple or complex, are also often affected.

A traumatic brain injury can cause conditions like dysarthria, (damage to speech mechanisms such as muscles and nerves, often resulting from brain injury), which can cause speech to slow, slur, and become difficult to understand. Swallowing can become problematic brought on by dysphagia, and a condition called apraxia can make repeating words in a consistent manner difficult.

Long-Term Effects of Brain Injuries

Victims of moderate to severe traumatic brain injuries can have life-long disabilities or motor deficits. There are a range of deficits that a person may experience, and no two brain injuries are the same. Some examples of long-term motor effects from brain injury include:

• Paralysis
• Muscle stiffness or uncontrolled movements
• Difficulty carrying or moving objects
• Vision problems
• Loss of fine motor skills
• Problems walking, talking, or swallowing
• Inability to recognize objects
• Difficulty thinking and memory problems

Other social and relational difficulties that a brain injury victim may face include:

• Difficulty making and keeping relationships (both personal and professional)
• Difficulty taking part in social activities
• Difficulty with recreational or leisure activities
• An inability or decreased ability to keep a job or attend school
• Degenerative brain disease

Treatment for Traumatic Brain Injury in Orange County

It is best to begin treatment early when cognitive and communication problems arise from a brain injury. If a hospital visit resulted from the injury, treatment usually begins there. A therapist will work with the individual to help them focus on improving their orientation to the surrounding situation and to stimulate speech and understanding. Oral motor exercises are used when there are speech and swallowing problems. Long-term rehab can be assessed by the individual’s injuries and needs. There is rehabilitation specific to people with traumatic brain injury, including speech-language pathologists, physical therapists, occupational therapists, and neuropsychologists.

Rehab will help a traumatic brain injury victim reach the highest level of independent functioning that they can, depending on the seriousness of the accident. Therapy works on restoring lost skills. Some people lose abilities after a traumatic brain injury and will have to learn to compensate for them.

The most difficult part of traumatic brain injury is receiving the proper treatment. If a head injury does not result in hospitalization and the injury is a closed head injury, failure to diagnose a problem during an office visit may result. After a brain injury, medical recovery is only part of the battle. Securing the financial resources to pay for long-term care, therapy, and lost income is equally critical—and that’s where our legal team steps in.

How We Handle Your Orange County Brain Injury Case

At Aitken * Aitken * Cohn, we build brain-injury claims with medical precision and courtroom discipline. Insurance carriers often dispute causation or minimize “invisible” cognitive deficits; our team anticipates those tactics and proves the full scope of harm.

Our process includes:

• Early Evidence Preservation: We secure EMT/ER charts, MRIs/CTs, neuro notes, police/incident reports, body-cam or surveillance video, and witness statements before they’re lost.
• Specialist Evaluations: We retain neurologists, neuroradiologists, neuropsychologists, vestibular/vision therapists, and life-care planners to quantify cognitive, behavioral, and sensory deficits and map future care.
• Causation Strategy: We address defenses of pre-existing conditions or “mild” TBI by correlating the mechanism of injury, imaging (including DTI when appropriate), and neuropsychological testing to show post-injury decline.
• Lifetime Damages Modeling: With economists and vocational experts, we calculate future medical care, therapy, accommodations, and lost earning capacity—not just current bills.
• Negotiation with Trial Readiness: We advocate aggressively and prepare every case for a jury in the Orange County Superior Court (Santa Ana) if the insurer won’t pay full value.
• Public-Entity & Deadline Compliance: We protect your rights under CCP § 335.1 (two-year personal-injury statute) and, when public property or agencies are involved, Government Claims Act deadlines.
• Contingency-Fee Representation: You pay no attorney’s fee unless we win.

Our firm has obtained seven- and eight-figure results for brain-injury clients across Orange County; we know how to convert complex medicine into compelling proof.

Ways to Prevent Brain Injuries

There are various ways to prevent brain injuries. While not all brain injuries are predictable, some of the best ways you can protect yourself include:

• Buckling up for every car ride
• Never drive while impaired by alcohol drugs
• Wear a helmet when you or your children or doing any of the following
  • • Riding a bike, motorcycle, ATV, scooter, etc.
    • Playing a contact sport such as football, hockey, or boxing
    • Using a skateboard or roller skates
    • Riding a horse
    • Skiing or snowboarding
• Preventing falls among older adults and creating safe play areas for children

What Your Case May Be Worth

The financial and emotional toll of a brain injury can last a lifetime. Compensation in a brain injury case is meant to restore as much of what was lost as possible—covering both tangible and intangible harm. The value of each case depends on the injury’s severity, the extent of medical treatment required, and how it affects your daily life and long-term earning capacity.+

Potential damages include:

• Medical Expenses (Past and Future): Hospitalization, surgeries, rehabilitation, medications, assistive devices, home modifications, and future medical care.
• Lost Income and Earning Capacity: Missed work, reduced hours, or permanent inability to return to your previous occupation.
• Pain and Suffering: The physical pain, cognitive limitations, and emotional distress associated with a traumatic brain injury.
• Loss of Enjoyment of Life: Inability to participate in the activities or relationships that once brought joy or meaning.
• Family and Caregiver Impact: Compensation for the spouse or family members who must provide ongoing care, support, and supervision.

Under California Civil Code § 1714, each person is responsible for injuries caused by their lack of ordinary care. Even if you share partial fault, you can still recover damages under California’s comparative negligence rule—your compensation is simply reduced by your percentage of responsibility.

Deadlines You Must Know

California law imposes strict time limits for filing personal injury claims, including those involving traumatic brain injuries. Generally, under California Code of Civil Procedure § 335.1, you have two years from the date of the injury to file a lawsuit.

If your claim involves a public entity—such as a city, county, or state agency—the deadline is shorter. You must file an administrative government claim within six months of the incident under the California Government Claims Act (Gov. Code § 911.2).

Missing these deadlines can permanently bar your right to compensation. Aitken • Aitken • Cohn’s attorneys ensure all statutory and procedural requirements are met from day one so you never lose your right to recover.

Proven Results for Brain Injury Clients

Aitken • Aitken • Cohn has achieved some of California’s most significant verdicts and settlements for individuals living with traumatic brain injuries. Our trial attorneys have consistently demonstrated the ability to translate complex medical evidence into compelling courtroom presentations—earning both record-setting recoveries and national recognition.

$11 Million – Traumatic Brain Injury – Motor Vehicle Collision
A young man sustained a catastrophic traumatic brain injury when a commercial vehicle failed to yield at an intersection. Our firm proved the driver’s negligence and the company’s lack of safety oversight, securing an $11 million recovery to fund lifelong medical treatment, rehabilitation, and support.

$10 Million – Premises Liability – Brain Injury
We represented a client who suffered severe brain trauma after falling through an unsafe surface at a private property. Through detailed expert analysis and aggressive litigation, Aitken • Aitken • Cohn demonstrated that the property owner had prior notice of the hazard. The case was resolved for $10 million, ensuring ongoing care and financial stability for the client’s family.

$7 Million – Product Liability – Catastrophic Brain Injury
A construction worker sustained a devastating head injury when defective equipment malfunctioned on a job site. Our attorneys proved design flaws and a failure to warn by the manufacturer. The $7 million resolution allowed the injured worker to obtain long-term medical care and compensation for loss of earning capacity.

$5 Million – Wrongful Death / Brain Injury
Following a freeway collision caused by a negligent driver, our team obtained a $5 million settlement on behalf of the surviving family of a victim who suffered fatal brain trauma. This result reflects our commitment to pursuing justice for families impacted by preventable tragedies.

Over five decades of practice, Aitken • Aitken • Cohn has recovered hundreds of millions for clients across Orange County and throughout California, setting precedents in both personal-injury and wrongful-death litigation. Our history of results underscores one simple truth: when a life is forever changed by a brain injury, we fight relentlessly to secure the recovery and care our clients deserve.

FAQ’s for Brain Injuries

Contact an Orange County Brain Injury Attorney

Aitken * Aitken * Cohn has successfully represented numerous victims of traumatic brain injury in Orange County, California, and Nationwide. The law firm has the compassion, resources, and experience to consult the unfortunate victims of brain injury. For a free consultation from a nationally recognized Orange County personal injury lawyer, please contact 1-866-434-1424 or fill out the contact form and a specialist will be in touch shortly.