Brain Injury Lawyer in Thousand Oaks & Westlake Village

Traumatic brain injuries (TBIs) are among the most complex and life-altering injuries a person can experience. The path to recovery is often uncertain, and even advanced medical care may not be able to predict long-term outcomes. The Swanson Law Group brain injury lawyers in Thousand Oaks and Westlake Village proudly serve clients with dedicated legal support and a proven track record of fighting for justice.

Every Brain Injury Is Different. Your Legal Strategy Should Be, Too.

Recovery from a traumatic brain injury can vary greatly. Some individuals may regain most or all of their abilities, while others may face lasting cognitive, physical, or emotional challenges. The healing process often involves extensive medical treatment, multiple surgeries, and prolonged rehabilitation, sometimes over many months or years.

If you or a loved one has sustained a brain injury in an accident, securing a fair and full settlement is essential to support long-term care and quality of life. At The Swanson Law Group, these cases are especially meaningful to our founder, attorney Ben Swanson, who is personally committed to advocating for brain injury victims with compassion and determination.

Brain Injury Basics

Traumatic brain injuries (TBIs) occur when a sudden trauma—such as a blow or jolt to the head—disrupts normal brain function. Here’s what you need to know:

These injuries can range from mild concussions to severe brain damage that affects memory, cognition, mood, and motor skills
TBIs often result from car accidents, falls, sports injuries, or acts of violence
They can lead to lifelong consequences for both victims and their families

In California, TBIs are a significant public health concern. According to the California Department of Public Health, traumatic brain injuries account for approximately 30,000 hospitalizations and over 5,000 deaths in the state each year.

Nationally, the Centers for Disease Control and Prevention (CDC) reports that TBIs contribute to about 30% of all injury-related deaths, with nearly 224,000 TBI-related hospitalizations recorded in 2019 alone.

Recovery varies widely from person to person. Some individuals may return to normal function, while others may face permanent disabilities requiring long-term care. Rehabilitation may include physical therapy, occupational therapy, psychological counseling, and speech-language therapy, all of which add to the financial strain of experiencing a brain injury.

California Laws for TBI Claims

Statute of Limitations

In most personal injury cases involving TBIs, California law provides a two-year statute of limitations from the date of injury to file a lawsuit
If the claim involves a government agency (such as a city or school district), a formal claim must usually be filed within six months under the California Government Claims Act

Comparative Negligence

California follows a pure comparative negligence rule (California Civil Code § 1714)
This means even if the injured party is partially at fault, they may still recover compensation, though it will be reduced by their percentage of fault
For example, if a TBI victim is found to be 20% at fault for an accident, they can still recover 80% of the total damages

Types of Damages

A successful TBI claim in California may include compensation for:

Medical expenses (including future care and rehabilitation)
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life

Punitive damages may be awarded under California Civil Code § 3294 in extreme cases involving intentional harm or gross negligence.

Legal Capacity and Minors

If the TBI victim is a minor or mentally incapacitated, California law may allow for extensions to the filing deadline, under the legal doctrine of “tolling.”

Who Can Be Held Legally Liable for TBI?

Determining liability in a TBI case often requires an in-depth investigation, expert testimony, and a clear understanding of California’s legal standards. The Swanson Law Group has the experience and tenacity to identify all responsible parties and pursue maximum compensation on your behalf.

Here are some common examples of who may be held legally liable:

Negligent Drivers: In car, truck, motorcycle, or pedestrian accidents, the at-fault driver may be held responsible if their reckless or impaired driving caused the injury.
Property Owners: If a brain injury occurs on someone else’s property due to hazardous conditions—like a slip and fall, poor lighting, or lack of handrails—the property owner may be liable under California’s premises liability laws.
Employers: In workplace accidents, employers may be liable under California workers’ compensation laws (California Labor Code § 3600), and in some cases, third-party claims may be filed against equipment manufacturers or subcontractors.
Product Manufacturers: If a defective product—such as a malfunctioning helmet, vehicle, or piece of machinery—contributed to the injury, the manufacturer, distributor, or retailer may be held liable under product liability laws.
Government Entities: If a TBI is caused by unsafe road conditions, poor infrastructure maintenance, or the actions of a public employee, the city, county, or state agency may be held accountable.
Assault or Criminal Conduct: In cases of assault, battery, or other intentional harm, the perpetrator can be held liable in civil court, even if they are also facing criminal charges.

Do I Need a Lawyer?

Insurance companies may offer quick settlements that fall far short of what’s needed to cover ongoing medical care, lost income, and the long-term impact on your quality of life.

An attorney who understands the full scope of a brain injury can:

Investigate the cause of your injury and identify all liable parties
Work with medical experts to document the extent of your TBI and future needs
Calculate and pursue full compensation
Handle insurance companies that often try to minimize or deny valid claims
Take your case to trial if a fair settlement isn’t offered

Why Choose The Swanson Law Group

At The Swanson Law Group, we walk alongside our clients to help them through the most difficult moments of their lives. What sets us apart isn’t just our track record of success in negotiating settlements and winning trials. It’s our deep personal commitment to every brain injury case, fueled by real experience and empathy.

Our founder, Ben Swanson, Esq., lives with Parkinson’s disease—a challenge that has only strengthened his ability to advocate for others. He understands what it means to live with uncertainty, pain, and fear about the future. That personal insight powers everything we do. It’s why our clients feel seen, supported, and genuinely understood. It’s also why we’re relentless in the courtroom and fearless in the face of powerful insurance companies.

Our legal team—including attorneys Zaneta Conroy, Esq., and Greg Schaffer, Esq.—delivers far more than legal representation. We provide access to top-tier medical specialists who offer care without upfront costs, financial support during case proceedings, and a dedicated, bilingual team that fiercely protects the rights of injury victims, including members of California’s Hispanic community who are too often overlooked or mistreated.

Let The Swanson Law Group be your light at the end of the tunnel. Call us today for a free, no-pressure consultation—and get the honest guidance you deserve.