Brain Injuries

San Diego Brain Injury Attorneys

Khashayar Law Group represents people with traumatic brain injuries throughout San Diego County. Across all personal injury matters, the firm has recovered more than $165 million for clients — many in cases involving serious head injuries, including the firm’s $61.5 million jury verdict against a multi-billion dollar insurance company. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm prepares brain injury cases with trial in mind from day one. Consultations are free and carry no obligation.

Why Brain Injury Cases Require Specialized Counsel

Traumatic brain injury (TBI) cases differ from other personal injury claims because the injury itself is often invisible. A client may appear normal in a deposition while struggling with executive function, memory, headaches, mood regulation, or fatigue every day. Carriers and defense counsel routinely exploit this disconnect by minimizing the injury or attributing symptoms to other causes. Successful TBI representation requires the right medical experts, careful documentation of the client’s pre-injury and post-injury function, and trial-ready preparation that overcomes the carrier’s minimization.

Categories of Traumatic Brain Injury

Brain injuries vary in severity and mechanism. The categories most often litigated include:

• Concussion (mild TBI) — a temporary disruption of brain function from impact or violent shaking, often with no visible damage on imaging. “Mild” describes the initial classification, not the long-term impact — post-concussion syndrome can be disabling.
• Contusion — bruising of brain tissue, typically at the impact site or at the opposite side of the skull (coup-contrecoup).
• Diffuse axonal injury (DAI) — widespread tearing of axons across the brain from rotational forces, common in high-speed motor vehicle crashes. DAI is among the most severe TBI mechanisms and often produces lasting cognitive deficits.
• Hematoma (epidural, subdural, intracerebral) — bleeding inside or around the brain. Can produce delayed deterioration hours or days after the initial impact.
• Penetrating brain injury — injury from an object that breaches the skull and enters the brain tissue.
• Hypoxic / anoxic brain injury — brain damage from loss of oxygen, common in near-drowning and certain medical events.

Glasgow Coma Scale and Initial Severity Classification

The Glasgow Coma Scale (GCS) is the most widely used initial severity classification for TBI. It scores eye opening, verbal response, and motor response. A GCS of 13–15 is classified as mild, 9–12 as moderate, and 3–8 as severe. The GCS is an initial snapshot — it does not predict long-term outcome. “Mild” TBI by GCS can still produce lasting cognitive, emotional, and functional deficits, which is why post-injury neuropsychological testing matters more than the initial classification.

How Khashayar Law Group Handles Brain Injury Cases

The firm’s brain injury process starts with retaining the right medical experts — neurologists, neuropsychologists, neuroradiologists, and life-care planners. Pre-injury baseline records (school transcripts, employment evaluations, prior medical history) are gathered to document the client’s actual pre-injury function. Post-injury neuropsychological testing documents the specific cognitive deficits. Day-in-the-life and functional capacity evidence shows the jury what the deficits mean in daily life. The firm presents the case as if it will be tried.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco. Brain injury defendants — typically insurance carriers — calibrate their offers based on whether opposing counsel will actually take the case to verdict.

ABOTA Membership and What It Means for Brain Injury Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. For brain injury clients, the practical effect is significant: carriers often minimize TBI claims by counting on attorneys who will not try the case. ABOTA membership signals the opposite.

Who May Be Liable in a California Brain Injury Case

Liability depends on the mechanism of injury. Common defendants include:

• The at-fault driver in motor vehicle crash TBIs.
• The driver’s employer under respondeat superior.
• A property owner under premises liability in fall-from-height or slip-and-fall TBIs.
• A government entity where a public road defect, government vehicle, or known dangerous condition contributed.
• A product manufacturer where a defective vehicle component, helmet, safety device, or other product contributed.
• A medical provider in birth-related or surgery-related anoxic brain injury cases.

Compensation Generally Available in California Brain Injury Cases

Brain injury damages are typically the largest in personal injury practice because lifetime impacts are substantial. Categories include:

• Medical expenses — emergency care, neurosurgery, rehabilitation, neuropsychological testing, ongoing medication, and a life-care plan that anticipates decades of future care.
• Lost income and reduced earning capacity — often the largest economic category, especially for clients whose cognitive deficits affect their ability to work in their pre-injury role.
• Pain and suffering — physical pain, emotional distress, cognitive frustration, and loss of enjoyment of life.
• Future care costs — attendant care, supervision, cognitive rehabilitation, and accessibility modifications.
• Wrongful death damages under California Code of Civil Procedure §§377.60–377.62 in fatal TBI cases.
• Punitive damages under Civil Code §3294 in cases involving particularly egregious conduct.

Time Limits for Filing a California Brain Injury Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim. California Government Code §911.2 requires a written government claim within six months if a government entity is involved. Medical malpractice TBI cases have separate timing rules under Code of Civil Procedure §340.5. Early consultation is important because brain injury investigations often require expert involvement that takes time to coordinate.

Frequently Asked Questions — San Diego Brain Injury Attorneys

My ER discharge said “mild concussion” — do I have a real case?

Possibly yes. “Mild” concussion is an initial classification based on the Glasgow Coma Scale and may not reflect long-term impact. Post-concussion syndrome can produce headaches, memory and concentration problems, mood changes, fatigue, and sleep disturbance for months or years. Documentation by a neuropsychologist often reveals deficits that an ER cannot detect.

How is a brain injury proven if MRI and CT scans look normal?

Imaging does not always show TBI — particularly in diffuse axonal injury and post-concussion syndrome cases. The case is proven through neuropsychological testing, comparison to pre-injury baseline records, treating physician testimony, and lay witnesses who can document the change in the client’s function and behavior after the injury.

How long do TBI symptoms last?

It varies. Many mild TBI symptoms resolve within weeks. Persistent post-concussion syndrome, however, can last months or years. Moderate and severe TBI often produce permanent cognitive, behavioral, and functional deficits. A life-care plan documents anticipated future care.

How long do I have to file a brain injury claim in California?

Two years from the date of injury under California Code of Civil Procedure §335.1; six months for a written government claim under Government Code §911.2 if a government entity is involved; separate timing under §340.5 for medical malpractice.

Can I recover damages if I had a prior head injury?

Yes. California’s “eggshell plaintiff” doctrine provides that the defendant takes the plaintiff as found — a defendant is liable for the full extent of harm even when the plaintiff was more vulnerable than the average person because of a prior condition.

How much does a San Diego brain injury attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

Talk to a San Diego Brain Injury Attorney

Khashayar Law Group handles brain injury cases throughout San Diego and California. If you or a family member has suffered a traumatic brain injury because of someone else’s negligence, contact our San Diego personal injury attorneys for a free consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.