San Diego · Practice Area

San Diego Brain Injury Lawyer

Khashayar Law Group represents people with traumatic brain injuries (TBI) throughout San Diego County. The firm’s representative results include the Brownlee case — a $4.5 million verdict against the City of San Diego in a public-entity trip-and-fall / TBI matter, later reported as a $4.8 million judgment after costs and fees. Past results do not guarantee future outcomes.

Khashayar Law Group represents clients with traumatic brain injury (TBI), concussion, diffuse axonal injury, hematoma, and post-concussion syndrome claims in San Diego. ABOTA-member trial attorney Daryoosh Khashayar leads the firm’s brain injury practice with a $4.5M verdict in a TBI public-entity matter.

Traumatic Brain Injury — The “Invisible Injury” Problem

Traumatic brain injuries (TBIs) often don’t show on an emergency-room CT scan. A patient may walk out of the hospital after a collision and only later realize that something is wrong — difficulty concentrating, memory lapses, mood changes, sleep disruption, headaches, sensitivity to light or noise, depression. Because TBI symptoms can be cognitive and emotional rather than visible, defendants and insurers often try to dismiss them as exaggeration or pre-existing.

Proving TBI causation typically requires a combination of: ER and hospital records; neurologist and neuropsychologist evaluations; MRI, DTI (diffusion tensor imaging), or other advanced imaging; cognitive testing; before-and-after witness testimony from family, friends, and coworkers; and sometimes day-in-the-life documentation.

Common Causes of TBI in San Diego

  • Automobile accidents, including rear-end collisions and high-speed crashes;
  • Commercial truck collisions;
  • Motorcycle and bicycle crashes;
  • Pedestrian impact crashes;
  • Falls from heights and slip-and-fall incidents on sidewalks, stairs, or premises;
  • Public-entity dangerous conditions (uneven sidewalks, malfunctioning crossings) under Government Code §835;
  • Assault and battery, in qualifying civil cases;
  • Sports and recreational injuries.

California Deadlines

  • CCP §335.1 — two-year statute of limitations for personal injury claims involving TBI.
  • Government Code §911.2 — six-month written government claim if a public entity caused or contributed to the TBI.
  • CCP §340.5 — medical malpractice has separate rules.
  • Evidence-preservation deadlines typically run shorter than the legal statute.

Evidence in San Diego TBI Cases

  • All ER, hospital, and ambulance records from the date of injury;
  • Initial CT and MRI imaging;
  • Follow-up advanced imaging (DTI, fMRI, SPECT in qualifying cases);
  • Neurology, neuropsychology, and neuropsychiatric records;
  • Cognitive testing results;
  • Pre-injury employment, academic, and behavioral baseline records;
  • Witness statements from family, friends, coworkers, and employers describing pre- and post-injury changes;
  • Day-in-the-life video where appropriate;
  • The Brownlee case used demonstrative animations to show internal damage from the trip-and-fall (see the Brownlee case page and the DK Global case feature).

Damages in TBI Cases

TBI cases often involve substantial damages because the injury’s effects can be lifelong:

  • Past and future medical care (neurology, neuropsychology, rehabilitation, attendant care);
  • Lost earnings and lost future earning capacity (often the largest economic component);
  • Pain, suffering, emotional distress, and loss of enjoyment of life;
  • Life care plan costs;
  • Loss of consortium for the spouse.

Why Khashayar Law Group for a San Diego TBI Claim

The firm’s most directly relevant TBI result is the Brownlee case — a $4.5 million jury verdict, later a $4.8 million judgment after costs and fees, against the City of San Diego in a public-entity trip-and-fall / TBI matter. The case used trial demonstratives to prove TBI causation from the fall to a jury. See the Brownlee case page and the brain injury practice page. Daryoosh Khashayar is an ABOTA member — see his bio.

Frequently Asked Questions — San Diego Brain Injury Lawyer

How do you prove a brain injury when the ER scan was normal?

TBI is often called the “invisible injury” because routine CT scans don’t capture diffuse axonal injury or post-concussive changes. Proof typically comes from a combination of advanced imaging (MRI, DTI), neurology and neuropsychology evaluations, cognitive testing, and witness testimony from family and coworkers documenting before-and-after changes.

How long do I have to file a TBI lawsuit in California?

Two years from the date of injury under CCP §335.1. Six months under Government Code §911.2 if a public entity contributed. Medical malpractice has separate rules under §340.5. Evidence-preservation deadlines often run shorter.

What damages are available in a TBI case?

Past and future medical care, lost earnings and lost future earning capacity, pain and suffering, life care plan costs, and loss of consortium for spouses. Future damages typically dominate the economic component because TBI effects can be lifelong.

Can I bring a TBI claim against the City of San Diego?

Yes — Khashayar Law Group’s Brownlee case is an example. A written government claim must be filed within six months of injury under Government Code §911.2. Liability for a dangerous condition of public property is governed by Government Code §835.

How much does a San Diego brain injury attorney cost?

Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation.

Source note. The Brownlee result is described on the firm’s case page and is supported by CBS 8 news coverage. See the firm’s editorial policy. Past results do not guarantee future outcomes.

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