Fresno Lawyer for Brain and Head Injuries
A head injury can change everything in a moment and in Fresno and it usually means rushing to Community Regional or St. Agnes for care, then trying to figure out what the next right steps are. The first actions you take can determine if you have a case strong enough to lead to the type of compensation that is commensurate with the injuries sustained. At the top of the list of priorities are to get checked by a doctor even if scans look normal, write down symptoms and expenses, and avoid giving a recorded statement to insurance. Contacting a qualified lawyer should happen sooner rather than later so records, evidence, and benefits are preserved.
If you or a loved one is coping with a brain injury in Fresno, call (559) 297-1118 to speak with a Fresno brain injury attorney who will fight for coverage of medical costs, lost income, and if needed, long-term care.
How to Protect Your Brain Injury Case from the Start
Watch for red flag symptoms
Head injuries can worsen quickly. Be sure to go back to the hospital or call 911 if headaches intensify, vomiting repeats, balance or speech changes appear, or there’s confusion, blurred vision, or loss of consciousness. Even when initial scans look normal any of those symptoms can signal a traumatic brain injury.
Create a record from day one
Keep a running log of your daily symptoms and save all medical bills. You should also track every out-of-pocket cost you have, like prescriptions or even travel for appointments. Collect contact details from anyone who saw the accident or noticed changes in behavior after the injury.
Notify Insurance (But Be Cautious)
Report that an accident happened but don’t agree to a recorded statement, because insurers may use those calls to challenge or minimize your case later.
Bring documents to your attorney meeting
Put together your hospital records, imaging reports, therapy referrals, photos from the scene, and any insurance letters you have received. Even incomplete paperwork helps our brain injury attorneys to secure evidence and start building your case the right way.
Do You Have a Case?
Was someone else at fault?
A brain injury case usually starts with showing how another person or business caused the harm. We can use police reports, crash photos, security video, or even witness accounts to prove fault. If there’s evidence pointing to negligence the case is already heading in the right direction.
Do you have signs of a traumatic brain injury?
You don’t need a formal diagnosis on the day of the accident, but headaches that linger, memory lapses, mood swings, or extreme fatigue can all signal a possible TBI. Doctors may confirm it later through advanced testing, but your own record of symptoms is part of the picture too.
Has the injury changed your work, school, or daily routine?
If you can’t hold a regular shift anymore, are falling behind at school, or forget things you never used to, it’s a sign what the injury is doing to you. It shows the broader impact of your injury.
Is there coverage available to pay the claim?
Even with clear fault and documented injury, recovery depends on available insurance or assets, like auto policies, UM/UIM coverage, workers’ comp if it happened at work, or even umbrella or homeowners policies. Our brain injury attorneys check every possible source so your case doesn’t get stalled because of limited coverage.
Each case has its own facts, and no checklist can answer everything. The best way to know where you stand is to talk with our Fresno brain injury attorneys directly. The consultations are free and you only pay if we win your case.
How Our Fresno Attorneys Build Brain Injury Cases
The First Two Weeks
Right away we send records requests, put the insurance companies on notice, and issue preservation letters so nobody can claim later that key evidence is missing. We also move quickly to secure data from the scene, including things like vehicle EDR downloads, telematics, and nearby video, because if too much time passes that proof can disappear.
Building the Case
After the groundwork is done, depending on what is needed, our attorneys may bring in specialists for testing and talk with your treating doctors. Their reports get folded into a demand package along with projected costs for therapy and long-term care. That file is what we use to start negotiations.
If a Lawsuit is Filed
Not every case reaches this stage, but if it does we take on discovery, depositions, defense medical exams, mediation, and trial prep. Each part of the process is aimed at showing the full scope of the brain injury and forcing the defense to deal with it.
Communication and Client Updates
You’ll know who your main contact is and how often you’ll hear from us. Calls and emails get returned, and we keep you in the loop so you’re not left guessing where your case stands.
Symptoms, Testing, And Treatment To Document
Symptoms You Should Track
Cognitive changes can show up in ways that aren’t easy to explain at first and you might notice memory lapses, mood swings, or vision and balance problems that make daily life harder, as well as constant fatigue. Write these things down as they happen, even when they feel minor, because later on those notes may play a key role in your case.
Why a Scan Can Look Normal
A CT or MRI can come back without showing much, and families sometimes take that as a sign nothing serious is going on, but the truth is a brain injury can exist even when the images look clear. Advanced scans like DTI or SWI and neuropsychological testing are the tools that may finally confirm what you already know from the changes you see every day.
Testing That Backs Up Your Case
Our attorneys bring in specialists who understand how to evaluate brain injuries and explain those findings in a way that insurance companies can’t just dismiss. Reports from experts can fill the gap when an adjuster says there’s no objective evidence, and they can help us show the injury is real and needs to be addressed.
Rehab And Recovery Work
Progress after a brain injury rarely follows a perfect timeline, and different people end up with very different paths. Some victims continue with physical or occupational therapy and others spend time in speech or vision rehab. Counseling may come into play when mood or behavior shifts from the effects of the injury make life harder. The key isn’t which mix of treatments you go through but that you stay consistent, because those records become part of your case, showing how the injury continues to affect your daily life.
Planning For Work Or School
After a brain injury, employers might require a formal return-to-work plan, schools sometimes require notes from doctors before changing class loads or allowing extra time on assignments, and doctors sometimes order driving evaluations before clearing a patient to get back on the road. When our attorneys collect the relevant records they help show how the injury continues to affect daily life and how far life has changed compared to before the accident.
The Most Common Causes Of Brain Injury in Fresno
Crashes On The Road
Car and truck collisions, motorcycle wrecks, and accidents with cyclists or pedestrians are a leading cause of brain injury cases in Fresno. The sudden and violent impact in these types of accidents frequently causes concussions or more serious head trauma. Our team connects the medical findings to the crash with police reports, witness statements, and medical records, to be sure that the case reflects the full effect the accident has had on your life.
Falls And Unsafe Property
Falls are another major cause of traumatic brain injury. Stairways with broken railings, slick floors in a store, poor lighting in an apartment hallway, or scaffolding that isn’t secured on a job site can all lead to severe head injuries. In those cases we review maintenance logs, inspection records, and safety policies to show where things went wrong.
Sports, Defective Products, And Hazardous Conditions
Sports injuries come up in school and recreational settings when safety rules are ignored or gear doesn’t properly do its job. Defective products also appear in our cases, from helmets that don’t protect to machinery without proper guards. Exposure to carbon monoxide or other toxins can leave permanent brain damage as well, especially when alarms or ventilation should have prevented it.
Defense Strategies We Anticipate And How They’re Addressed
“Minor Impact Means No Injury”
Insurance lawyers like to argue that a crash with little visible damage couldn’t have caused a brain injury. We counter this with medical research and case records showing that even low-speed impacts can transmit enough force to damage the brain.
“Normal Imaging Proves No TBI”
Standard CT and MRI scans don’t always pick up brain trauma. When the defense leans on a “normal” scan, we can use advanced imaging and neuropsychological testing along with doctor testimony to show the injury is real.
“No Loss Of Consciousness”
A brain injury doesn’t require someone to black out at the scene. We rely on symptom tracking, witness accounts, and medical evaluation to prove the injury happened even without loss of consciousness.
Preexisting Conditions Or Gaps In Care
Defense experts like to blame ongoing problems on prior health issues or missed appointments. Our attorneys bring in treating doctors to connect the symptoms directly to the crash and explain why care may have been delayed.
Accusations Of Malingering
When insurers accuse a client of exaggerating, we respond with objective testing and testimony from family, coworkers, and specialists who see the real changes.
Seatbelt And Helmet Defenses
Comparative fault arguments may be raised to shift blame to the injured person. We show how the injury still ties back to the crash or unsafe conditions, regardless of seatbelt or helmet use.
Damages That Drive Brain Injury Case Value
Medical Bills And Future Care
Past hospital charges are only part of the picture in a brain injury case. Our attorneys gather records of ongoing treatment, rehab costs, and expert life care plans that project what long-term medical needs will look like. That documentation helps show how expensive the injury will be years down the road, not just in the immediate aftermath.
Lost Wages And Earning Capacity
Pay stubs and employer records can show missed work, but a serious head injury also raises questions about future earning power. Neuropsychological testing and vocational experts explain how memory, focus, or physical limitations affect the ability to return to the same kind of job or advance in a career.
Household And Family Support
When someone can no longer cook meals, manage finances, or care for children the way they did before, the value of that lost support is part of the case. We document those changes through family testimony and day-to-day examples that demonstrate the impact on the household.
Pain, Emotional Strain, And Loss Of Enjoyment
Mood swings, anxiety, and personality changes can alter relationships and hobbies in lasting ways and although more difficult to measure, testimony from friends, coworkers, and family makes the loss clear in ways numbers cannot.
Loss Of Consortium
In severe cases, spouses can pursue damages for how the injury has changed companionship, intimacy, and family life. Those claims are sensitive but reflect the very real impact of a brain injury on a marriage or partnership.
Punitive Damages
When the injury results from reckless conduct, such as drunk driving or egregious safety violations, “punitive” damages may be available. Those awards are designed to punish dangerous behavior and deter it in the future.
Factors That Influence Value
The strength of the case depends on more than the injury itself. Objective medical findings, the credibility of treating doctors and experts, the venue where the case is filed, the limits of available insurance policies, and the quality of witnesses all shape how much compensation is possible.
Liens, Subrogation, And Net Recovery
Health Insurers
Private health plans, including ERISA and self-funded programs, may demand repayment from the settlement, but our attorneys review the plan language, push back on overreach, and negotiate for any possible reductions so more of the recovery stays with you.
Medicare And Medicaid
Federal and state programs track payments made for accident-related care, so we work directly with the recovery contractors to resolve those liens, since final settlement cannot be approved until they are addressed.
Hospital And Provider Liens
Hospitals and treatment providers sometimes file liens to secure payment from out of case proceeds, but we will verify the accuracy of those charges and negotiate balances before funds are released.
Workers’ Compensation
When a brain injury happens on the job, workers’ comp carriers have rights to reimbursement. Credits may apply depending on the benefits paid, and our attorneys will account for those offsets when calculating net recovery.
VA, Tricare, And Child Support
Military health programs may assert recovery rights similar to Medicare. Child support agencies can also intercept funds before disbursement, so our team will identify any obligations early on so that there are no surprises at the end of the case.
Lump Sum And Structured Payouts
Settlements can be distributed in one payment or through a structured plan. Structured arrangements may also be required for clients receiving needs-based benefits. Our team will explain the options and confirm that any plan complies with benefit rules before funds are distributed.
Deadlines That Affect Brain Injury Cases In California
Statute Of Limitations And Government Deadlines
In California, most brain injury cases have to be filed within two years of the injury date, but when the case is against a government entity it usually has to be made within six months. Missing either deadline can end the case before it is heard, so our team tracks those dates from the start and make sure filings are made on time.
Rules For Minors And Incapacity
If the injured person is under 18, the statute usually does not begin until they become an adult. When the injury leaves someone legally incapacitated, the statute of limitations can extend the deadline until capacity is restored. Our attorneys monitor relevant timelines closely.
Damages Caps
Some types of cases, like medical malpractice or claims against government entities, may be limited when it comes to the final compensation awarded. We’ll address those limits early in the case and explain how they affect your potential recovery.
Seatbelt And Helmet Evidence
Defense attorneys sometimes argue that not using a seatbelt or helmet makes the injured person partly at fault. California statutes control how that argument can be raised, and we prepare for it so the we can still connect the injury to the crash, regardless of those claims.
Guidance For Families And Caregivers
Supporting A Loved One With TBI
Family members usually become the ones tracking symptoms, coordinating appointments, and making sure day-to-day needs are met. That effort can feel overwhelming, and our attorneys encourage families to keep records of what changes they see, since those notes can support the case and also help doctors.
Powers Of Attorney And Guardianship
When a brain injury leaves someone unable to handle their own affairs, powers of attorney or guardianship may be required. We help families understand when those steps are necessary and guide them through the paperwork so decisions about care and finances can be made without delay.
Severe Or Fatal Injuries
In the most serious cases, families may need to pursue claims on behalf of a loved one, or file a wrongful death case if the injury proves fatal. We walk families through that process and link directly to our wrongful death resources for more detail.
FAQs About Fresno Brain Injury Cases
Can a case succeed with normal imaging?
Yes. Standard CT or MRI can look clear even when symptoms point to a brain injury. Neuropsych testing, advanced scans when appropriate, treating-doctor opinions, and before-and-after witnesses help prove what the scans missed.
How long do brain injury cases take?
Timelines vary. Straightforward insurance cases can resolve within months, while cases that need extended treatment, multiple experts, or a lawsuit can take a year or longer. Our attorneys will set expectations from the beginning and keep you updated.
What if coverage limits are low?
We search for every available policy, pursue underinsured motorist coverage when available, and identify any liable third parties. We also negotiate medical liens to improve your net recovery from the settlement funds.
Will I have to testify?
Most cases resolve without a trial. If a lawsuit is filed, you may give a deposition; if a trial occurs, you may testify. We prepare you for each step so you know what to expect.
Can I change attorneys during the case?
Yes. You can change counsel. The prior firm may claim fees and costs from the recovery, and our office handles that transition so your case keeps moving.
Are settlements taxable?
Compensation for physical injuries is generally not taxed under federal law. Punitive damages and interest are taxable. State rules vary, so speak with a tax professional about your situation.
Fees, Costs, And How Payment Works
Contingency Fee Structure
Our firm works on a contingency fee, which means you do not pay attorney fees up front. Payment comes out of the recovery at the end of the case, so if there is no recovery, you owe nothing for fees.
Case Costs
We advance the costs needed to build the case—expert reports, medical records, depositions, and other expenses. Those costs are reimbursed when the case resolves, and we provide a full accounting so you know where the money went.
Medical Bills
Medical providers expect payment while the case is pending, but we often arrange for treatment on a lien basis or delay collection until after settlement. When the case ends, we resolve those bills from the settlement funds and negotiate reductions whenever possible to maximize what you take home.
Speak With A Fresno Brain Injury Attorney Today
Brain injuries reshape lives in ways that are difficult to predict, and the choices made in the weeks and months after an accident often decide the strength of the case. Tim Mazzela has spent decades taking on insurers and defense lawyers who try to minimize these injuries, and builds cases that reflect the real medical costs, the lost income, and the long-term changes clients and families face. If you are searching for answers after a head injury in Fresno, now is the time to put an experienced trial attorney on your side.
Call Tim W. Mazzela, APC, at (559) 297-1118 for a free consultation. You pay no attorney fees unless we win your case.
