This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you or a loved one suffered a traumatic brain injury because of someone else's negligence in a car crash, fall, or other accident, you can pursue compensation for medical care, lost income, future treatment, and pain and suffering. Traumatic brain injuries are among the most serious injuries a person can suffer, and their full cost often is not clear for months, which is exactly why these claims should not be settled quickly or handled alone. The San Juan Capistrano brain injury attorneys at Cefali & Cefali build these cases with medical and financial experts to prove the true, long-term value of the harm. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
A traumatic brain injury is caused by a blow to the head or a penetrating head injury, and its symptoms vary with the severity of the damage. Common symptoms include headache, nausea, vomiting, dizziness, blurred vision, confusion, and memory problems, and more serious injuries can cause seizures or permanent disability. Because some symptoms appear hours or days after the injury, anyone who may have suffered a brain injury should seek medical attention right away, both for their health and to document the injury for a claim.
Traumatic Brain Injury Causes
A traumatic brain injury results from an external force: a blow to the head, a penetrating injury, or the sudden acceleration and deceleration of the head in a collision. That force can bruise brain tissue, cause bleeding inside the skull, and damage nerve cells, disrupting normal brain function and sometimes triggering further chemical damage in the hours that follow. The most common causes we see in injury claims are car and motorcycle accidents, falls, pedestrian and bicycle collisions, and assaults.
Why Traumatic Brain Injury Cases Are Different
Brain injury claims are among the most complex and highest-value personal injury cases, for a specific reason: the full extent of the harm often is not known until well after the accident. Cognitive, emotional, and behavioral changes can emerge or worsen over months, and a settlement accepted too early can leave a victim without the money needed for years of future care. Proving the true value of a TBI usually requires more than medical bills; it takes neurologists and neuropsychologists to document the injury, life-care planners to project future treatment, and economists to calculate lost earning capacity. Insurers know these cases are expensive, so they frequently dispute the severity of the injury or argue the symptoms are unrelated to the accident. Building the medical and financial proof to counter that is the heart of a brain injury case.
California Law and Your Brain Injury Claim
A few California rules shape every brain injury claim. Under Civil Code section 1714, a person who negligently causes an injury is responsible for the harm. Under pure comparative negligence (established in Li v. Yellow Cab Co.), you can recover even if you were partly at fault, with your award reduced by your percentage of fault. Under Code of Civil Procedure section 335.1, you generally have two years from the date of the injury to file suit, though the deadline is extended for injured minors and shortened to six months when a government entity is involved.
Importantly, California places no cap on general damages such as pain and suffering in an ordinary injury case. The state's damages cap applies only to medical malpractice claims, so a brain injury caused by a car accident, fall, or other negligence is not limited in the way many people assume.
Compensation in a Brain Injury Case
Depending on the severity of the injury, a California brain injury claim may recover:
Past and future medical expenses, including surgery, rehabilitation, and long-term care
Lost wages and reduced future earning capacity
The cost of a life-care plan for ongoing treatment and support
Pain and suffering, emotional distress, and loss of enjoyment of life
Loss of consortium for a spouse, and wrongful death damages in fatal cases
How a San Juan Capistrano Brain Injury Attorney Can Help
When a loved one suffers a brain injury, the whole family is affected, and the legal questions can feel overwhelming on top of the medical ones. An experienced attorney handles the claim so you can focus on recovery: investigating how the injury happened, gathering the medical evidence, bringing in the neurologists, life-care planners, and economists needed to prove the full extent of the harm, identifying every source of insurance coverage, and negotiating or litigating against insurers who try to minimize the injury. Severely injured victims in the San Juan Capistrano area are often treated at Mission Hospital in Mission Viejo or, for the most serious trauma, UC Irvine Medical Center in Orange, the county's only Level I trauma center; we work directly with these facilities to obtain records and document treatment costs. If a claim proceeds to a lawsuit, it is filed in the Orange County Superior Court Central Justice Center in Santa Ana.
Cefali & Cefali handles brain injury cases on a contingency basis, so you pay no fee unless we recover for you. In addition to TBI, our firm also handles car accidents, motorcycle accidents, pedestrian accidents, and slip and fall accidents. If you have been injured in any type of accident, we can help you seek the compensation you deserve.
Frequently Asked Questions
What is a traumatic brain injury?
A traumatic brain injury (TBI) is an injury to the brain that is caused by an external force. This can include a blow to the head, a fall, or a car accident. TBI can lead to physical, cognitive, and emotional problems.
How common are traumatic brain injuries?
Traumatic brain injuries are common. Every year, there are about two million TBIs in the United States.
What are the symptoms of a TBI?
A traumatic brain injury (TBI) has different symptoms, depending on the severity of the damage. They can include headache, nausea, vomiting, confusion, dizziness, blurred vision, mood changes, and difficulty concentrating.
What is the treatment for a traumatic brain injury?
The treatment for a traumatic brain injury is determined by the degree of damage. Some people may just need to rest and recuperate at home. Others might require hospitalization or surgery.
Can traumatic brain injuries be prevented?
Traumatic brain injuries can be prevented by wearing helmets and other protective gear when playing sports, using seat belts when driving, and taking precautions when traveling.
How long does it take for a traumatic brain injury to heal?
The healing time for a TBI varies depending on the severity of the injury. Many people make a full recovery within six months to a year. However, some people experience long-term problems after a TBI.
What are the long-term effects of a traumatic brain injury?
The long-term effects of a TBI can include physical, cognitive, emotional, and social problems. These problems can range from mild to severe and may last for months or years.
What are the different types of traumatic brain injuries?
The three main types of TBI are open-head injury, closed-head injury, and concussion.
How is a traumatic brain injury diagnosed?
A TBI is usually diagnosed based on a person's medical history and physical exam. Sometimes, imaging tests such as CT scans or MRI scans are used to help diagnose a TBI.
I think my loved one has suffered a traumatic brain injury, what should I do?
If you suspect someone has suffered a TBI, even if they don't exhibit any symptoms, seek medical attention immediately. The earlier a TBI is diagnosed and treated, the better the chances for a successful recovery.
How long do I have to file a brain injury claim in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit. The deadline is extended for injured minors, and it is shortened to six months if a government entity is involved. Because brain injury evidence should be preserved early, it is best to speak with an attorney as soon as possible.
How much is a traumatic brain injury case worth?
It depends on the severity of the injury, the cost of current and future medical care, lost earning capacity, and the impact on your daily life. Because brain injuries often require years of treatment, these cases tend to be high-value, but the amount is specific to each person. California does not cap general damages such as pain and suffering in an ordinary injury case, so recovery is not artificially limited.
How much does it cost to hire a brain injury lawyer?
Nothing upfront. Cefali & Cefali handles brain injury cases on a contingency fee basis, which means you pay no attorney fees unless we win your case. The consultation is free, and if we do not recover money for you, you owe us nothing.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
