Suddenly, you are more than a spouse, a parent, or a child. You have become a caregiver, a medical scheduler, and your loved one’s fiercest protector.
While you are focused on the immense personal challenges of their recovery from a traumatic brain injury (TBI), another battle is already looming—one with insurance companies and defense lawyers who see your family not as people in crisis, but as a claim to be minimized. You do not have to fight this battle on two fronts.
At The Zinn Law Firm, our purpose is to be your legal shield and your sword. We step between you and the opposition, taking on the entire legal burden so you can dedicate your full strength to your family’s healing. Let us be your legal advocates, so you can focus on being there for everything else.
Please contact our compassionate San Francisco traumatic brain injury lawyer for a free, confidential consultation to understand your rights and options.
Why Choose The Zinn Law Firm for Your San Francisco Traumatic Brain Injury Claim
Choosing an attorney is the most critical decision you will make after a catastrophic injury. You need a legal team that not only has a deep understanding of the complex medical and legal issues involved in TBI cases but also possesses the compassion to see the human being at the center of it all.
At The Zinn Law Firm, our motto—"We Care, We Commit, We Win"—is the foundation of our practice.
Here is what that promise means for you and your family:
- We Care: We recognize that your loved one is not a case number. They are a person with a unique life, a family that depends on them, and a future that has been unjustly altered. We take the time to listen to your story, to understand the full scope of the injury’s impact—from the visible medical challenges to the invisible emotional and cognitive struggles—and to provide the unwavering support you deserve.
- We Commit: From the moment you entrust us with your case, we shoulder the legal burdens so you can focus on healing. We manage all communications with aggressive insurance companies, meticulously handle the complex paperwork, and begin building a powerful, evidence-based case. We prepare every case for the possibility of trial, a strategy that positions our clients for maximum leverage and demonstrates to the opposition that we will not accept anything less than what you rightfully deserve.
- We Win: Our firm was built on taking on and winning tough, high-stakes cases against formidable opponents. Founding attorney Carter Zinn is a respected Bay Area trial lawyer known for his relentless dedication, while attorney Justin Powers’ prior experience defending corporations in complex litigation gives our team invaluable insight into the other side’s tactics. Our track record of securing substantial verdicts and settlements in catastrophic injury cases is a testament to our skill and our unwavering commitment to justice.
We focus on serious and catastrophic injury claims because we know exactly what is at stake for your family. Your fight is our fight, and we are ready to be the battle-tested allies you need. Contact us today to discuss your case during a free case consultation.
Understanding Traumatic Brain Injuries
A traumatic brain injury is a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or a penetrating head injury. The effects can range from "mild" concussions with temporary symptoms to severe, permanent brain damage that results in lifelong disability or death.
Even a TBI that is initially diagnosed as mild can have devastating, long-term consequences, including memory problems, personality changes, chronic pain, and an inability to return to work or daily activities.
The prevalence of these injuries is tragically high. Based on the most recent national data from the Centers for Disease Control and Prevention (CDC):
- In a single recent year, TBIs accounted for about 214,110 hospitalizations and 69,473 deaths.
- This equates to over 586 hospitalizations and 190 deaths from TBIs every single day.
- These alarming figures do not even include the vast number of TBIs treated only in emergency rooms, urgent care clinics, or by primary care doctors, or those that tragically go undiagnosed and untreated.
While these statistics are staggering, the most heartbreaking reality is that many of these life-altering injuries are not simply unfortunate accidents. They are often the direct and preventable result of another person's or a corporation's negligence. When someone’s careless or reckless actions cause a TBI, California law provides a path to justice.
If your loved one’s injury was caused by negligence, your family may have the right to file a traumatic brain injury claim to recover compensation for medical bills, lost income, and the profound human suffering this injury has inflicted. An experienced attorney can investigate the circumstances of the incident and determine if you have a strong legal case.
Common Traumatic Brain Injury Cases Our Lawyers Handle
A traumatic brain injury can occur in almost any type of accident where a force impacts the head. At The Zinn Law Firm, we have the experience and resources to handle TBI claims arising from a wide variety of circumstances. We have seen firsthand how these incidents devastate families in San Francisco and across the Bay Area. Our firm is particularly focused on cases involving:
- Bicycle Accidents: As a top priority for our firm, we have a deep understanding of the dangers cyclists face in San Francisco. A cyclist has virtually no protection against the force of a motor vehicle, and even with a helmet, a collision can easily result in a severe TBI.
- Medical Malpractice: TBIs caused by medical negligence are particularly tragic. This includes birth injuries where a baby is deprived of oxygen (hypoxic-ischemic encephalopathy or HIE), anesthesia errors during surgery, medication mistakes, or the failure to diagnose a condition like a stroke or aneurysm in a timely manner. We have extensive experience holding medical providers, including large systems like Kaiser Permanente, accountable.
- Trucking Accidents: The sheer size and weight of a commercial truck mean that collisions with smaller passenger vehicles are often catastrophic, frequently resulting in severe TBIs for the occupants of the car.
- Rideshare Accidents: Accidents involving Uber and Lyft vehicles are increasingly common on Bay Area roads. We help victims navigate the complex insurance policies involved to ensure they receive the full compensation they are entitled to under California law.
- Premises Liability Incidents: Property owners have a duty to keep their premises reasonably safe. TBIs can result from slip and fall accidents on wet floors, trip and fall accidents due to poor lighting or uneven surfaces, or being struck by falling objects in a store.
- Residential Care Facility (RCF) Negligence: Unlike nursing homes, RCFs often have different regulations and staffing requirements. Negligence in these facilities, such as failure to prevent falls, physical abuse, or improper supervision, can lead to devastating TBIs in vulnerable residents.
- Motorcycle and Pedestrian Accidents: Like cyclists, motorcyclists and pedestrians are completely exposed in a crash, putting them at an extremely high risk for catastrophic head injuries.
No matter how the injury occurred, if it was due to someone else's fault, our team is prepared to investigate thoroughly and build the strongest possible case on your behalf.
The Insurance Company Offered Me a Settlement. Should I Take It?
If an insurance company has contacted you with a settlement offer, it is crucial that you do not accept it or sign any documents without first speaking to an experienced TBI attorney. You must remember one critical fact: the insurance adjuster’s primary goal is to protect their company’s profits, not to ensure your family’s long-term well-being.
Insurance companies often make quick, lowball settlement offers for several strategic reasons:
- They know the true cost. They are aware that the full financial and personal impact of a TBI may not be known for months or even years. The initial offer will almost never account for future medical care, lifelong rehabilitation, lost earning capacity, or the immense pain and suffering involved.
- They want to close the case quickly. By settling early, they prevent you from discovering the full extent of your loved one’s injuries and the true value of your claim.
- It is a final agreement. Once you accept a settlement, you forfeit your right to ever seek further compensation for this injury, even if your loved one’s condition worsens or new medical needs arise down the road.
An early offer is a red flag. It is a business tactic designed to save the insurance company money at your family’s expense. At The Zinn Law Firm, we will handle all communications with the insurance company for you, protecting you from these predatory tactics. We will work with medical and financial experts to calculate the true, lifelong cost of the injury before we even begin to negotiate a settlement that fully and fairly addresses your family’s needs.
Compensation Available in a TBI Lawsuit
While no amount of money can reverse a traumatic brain injury, a successful lawsuit is critical for securing the financial resources your loved one needs for their long-term care and your family’s stability. California law allows victims to pursue compensation for all the ways an injury has impacted their life. These damages are typically divided into two main categories:
Economic Damages (Financial Costs)
This is compensation for the tangible, out-of-pocket expenses caused by the injury. Our goal is to account for every past and future cost, including:
- All medical treatment, from hospital bills to lifelong rehabilitation and therapy.
- Lost income and the loss of future earning ability if your loved one cannot work.
- The costs of long-term care, in-home assistance, or necessary modifications to your home and vehicle.
Non-Economic Damages (Human Costs)
This is compensation for the profound, personal suffering that doesn’t have a clear price tag. We fight to ensure these devastating losses are fully recognized, including:
- Physical pain, emotional distress, anxiety, and depression.
- Loss of enjoyment of life, such as the inability to participate in hobbies or daily activities.
- The loss of companionship and support experienced by family members.
Our legal team works with renowned medical experts, life care planners, and economists to meticulously document and calculate the full extent of these damages to ensure your family’s recovery reflects the true cost of this tragedy.
San Francisco TBI FAQs
We know that you have countless questions during this confusing and stressful time. Below are answers to some of the common questions we hear from families like yours.
How long do we have to file a TBI lawsuit in California?
In California, the statute of limitations for personal injury claims, including TBIs, is generally two years from the date of the injury.
However, in medical malpractice cases, the deadline changes to one year from the date of discovery or three years from the date the injury occurred, whichever comes first. For claims against government entities, you must file a formal notice of claim within six months.
Speak with an attorney as soon as possible to ensure you do not miss these strict deadlines.
What if my loved one was partially at fault for the accident?
California follows a “pure comparative negligence” rule. This means you can still recover compensation even if your loved one was partially to blame for the accident that caused their injury. The court will assign a percentage of fault to each party, and your loved one’s final compensation award will be reduced by their percentage of fault. For example, if they were found to be 20% at fault, their total award would be reduced by 20%.
How much does it cost to hire a San Francisco TBI lawyer?
At The Zinn Law Firm, we handle all personal injury cases on a contingency fee basis. This means you pay absolutely no upfront costs or attorney’s fees. We only get paid if and when we win your case by securing a settlement or a jury verdict on your behalf. Our fee is a percentage of the total recovery.
This arrangement allows you to access top-tier legal representation without any financial risk, so you can focus on your family.
What is a life care plan and why is it important in a TBI case?
A life care plan is a comprehensive legal and medical document that projects the future medical needs and associated costs for someone with a catastrophic injury. Created by a team of medical and financial professionals, it details everything from future surgeries, rehabilitation, and in-home nursing care to medication, assistive devices, and home modifications.
We use this document to prove the full, lifelong financial impact of the TBI to an insurance company or jury, ensuring any settlement or verdict accounts for all future needs.
How do you prove a traumatic brain injury?
We prove a TBI using a combination of evidence. This starts with medical records, including imaging from CT scans or MRIs, and diagnostic reports from neurologists and other physicians.
We also rely on testimony from medical experts who can explain the nature and severity of the injury to a jury.
Finally, we use testimony from family, friends, and coworkers to demonstrate how the invisible symptoms of the TBI—like personality changes, memory loss, and emotional distress—have altered your loved one's life.
Contact Our San Francisco Traumatic Brain Injury Lawyers Today
Your family has been through enough. Let The Zinn Law Firm take on the fight for you, so you can dedicate your energy to your loved one’s recovery and to each other.
When you hire our firm, we will immediately:
- Conduct a thorough investigation into the cause of the accident.
- Handle all communications and negotiations with the insurance companies.
- Assemble a team of world-class medical and financial experts to build your case.
- Protect your rights and fight tirelessly to secure the maximum compensation your family needs to move forward.
Our promise to "Care, Commit, and Win" is at the heart of everything we do. With offices in San Francisco and Mill Valley, we represent families throughout the Bay Area. We are ready to listen to your story.For a free, no-obligation consultation to discuss your case, please contact The Zinn Law Firm today at 415-292-4100 or through our online form. Your fight is our fight.