Brain Injuries We Offer Top-Notch Legal Services Focusing on Integrity, Advocacy & Understanding

Brain Injury Attorney in Pasadena

Personalized Counsel for Serious Brain Injuries

A brain injury can affect health, independence, employment, and family life. Marilyn Smith Law APC represents individuals and families in Pasadena, California, whose injuries may support catastrophic personal injury matters. We give every case personalized attention while assessing the medical evidence, the circumstances of the injury, and the available path forward.

Lead attorney Marilyn M. Smith has handled more than 200 cases in state and federal courts. We represent clients in Pasadena, throughout Los Angeles County, and across the surrounding Southern California region. Our client-centered approach combines compassionate communication with preparation for litigation when a claim can’t be resolved outside court.

Speak with a brain injury lawyer in Pasadena about your circumstances and possible next steps. Call (626) 317-6068 to contact our firm.

How We Build a Brain Injury Case

We begin by evaluating the available facts and investigating how the injury occurred. This work may address the incident, the people or entities involved, and the evidence connecting the event to the harm. Because the appropriate strategy depends on the circumstances, we don’t apply a cookie-cutter approach.

We collect medical records and communicate with insurers throughout the process. The records can document diagnoses, treatment, rehabilitation, and changes in symptoms. We also provide consistent updates and guidance through the legal system so clients understand the current stage of the case and the decisions before them.

Once we have developed the supporting information, we prepare a detailed demand presenting the claim and documented losses to the insurance carrier. If the dispute remains unresolved, we may file a lawsuit in the appropriate Los Angeles County court and continue pursuing the case through litigation.

Traumatic & Acquired Brain Injuries

A traumatic brain injury results from an external force, such as an impact or sudden movement. An acquired brain injury occurs after birth and can result from traumatic or non-traumatic causes. Identifying the type and potential cause is an important part of determining whether another party may be legally responsible.

A legal claim may arise from incidents such as:

Vehicle collisions
Falls caused by unsafe conditions
Workplace incidents
Sports injuries
Medical negligence

Evidence Connecting the Injury to the Incident

A case requires evidence connecting the injury to the collision, unsafe condition, conduct, or medical care at issue. Medical records, diagnostic evidence, and analysis from qualified professionals may help establish its nature and cause. The necessary proof depends on how the incident occurred and which liability rules apply.

Some symptoms may emerge weeks or months after an incident. Changes in memory, concentration, behavior, balance, or physical ability may become clearer over time, but symptoms alone don’t establish legal causation. Early legal review can identify relevant records and other evidence before they become difficult to obtain.

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California Deadlines for Pasadena Brain Injury Cases

Under California Code of Civil Procedure Section 335.1, most personal injury claims, including those involving traumatic brain injuries, generally must be filed within two years of the injury date. Missing the applicable statute of limitations can prevent a case from proceeding. The correct deadline depends on the facts, the identity of the responsible party, and any exception that applies.

Delayed Discovery & Claims Involving Minors

Under the delayed discovery rule, the two-year period may begin when an injury is reasonably discovered rather than on the incident date. This rule can matter when symptoms or their connection to an event aren’t immediately apparent. Its application is fact-specific and shouldn’t be assumed without reviewing the circumstances.

For a person injured while a minor, California Code of Civil Procedure Section 352 generally delays the two-year filing period until age 18, allowing filing until age 20. Other facts can affect the analysis, particularly when the potential defendant is a public entity or the case involves medical care.

Six-Month Government Claim Requirement

When a public entity, government employee, or government-owned vehicle caused the injury, California Government Code Section 911.2 generally requires a written claim to the responsible agency within six months. This administrative step ordinarily must occur before a lawsuit can proceed. Because six months is substantially shorter than the usual filing period, prompt review is important when government involvement is possible.

Discuss Your Brain Injury Case with Our Firm

Contact us to discuss the circumstances of the injury, the available documentation, and the issues that may affect your case. We can explain our approach and representation terms before you decide whether to proceed. A written fee agreement states how attorney fees and case costs are handled, and you should understand those terms before retaining counsel.

You can reach Marilyn Smith Law APC through our contact form or by telephone. Our team-oriented, interdisciplinary approach allows us to consider related civil, family, or capacity issues when they bear on the case.

Call (626) 317-6068 to speak with our brain injury attorney serving Pasadena and discuss your legal options.

Fault & Compensation in California Brain Injury Cases

A negligence-based claim requires evidence of four elements: duty, breach, causation, and damages. The defendant must have owed a legal obligation to act with reasonable care and breached that duty. The claimant must then show that the breach caused the injury and produced legally recognized losses.

Recoverable damages depend on the evidence and the rules governing the case. Documented losses can include medical bills, rehabilitation costs, lost income, future care needs, and pain and suffering. Financial damages compensate measurable losses, while non-economic damages address harm without a direct invoice, such as pain and loss of enjoyment of life.

California generally doesn’t cap economic or non-economic damages in cases arising from auto accidents, premises liability, product liability, or construction accidents. The value of a claim depends on the evidence, available insurance or assets, applicable law, and disputed issues of fault.

How California Comparative Fault Affects Compensation

California uses pure comparative fault, which means compensation is reduced by the claimant’s percentage of responsibility rather than automatically barred. For example, a claimant found 20 percent at fault would generally have an award reduced by 20 percent. Insurers and defendants may dispute responsibility, making incident evidence important even when another party appears primarily at fault.

Medical Malpractice Damage Limits

Different rules govern medical malpractice damages. As of 2026, California’s Medical Injury Compensation Reform Act, as amended by Assembly Bill 35, caps non-economic damages at $470,000 in non-death medical malpractice cases. Measurable financial losses remain uncapped, although any recovery depends on proof of those losses and the other requirements of the claim.

Why Choose Marilyn Smith Law APC?

Client-Centered Service

Our clients are our business. We provide the respectful attention and personalized support that your case deserves.
Comprehensive, Team-Based Advocacy

Most cases require multiple areas of expertise. Team LOOMMS takes a strategic, collaborative approach to ensure no detail is overlooked.
Over 200 Cases Tried in State and Federal Courts

Lead attorney Marilyn M. Smith has successfully handled more than 200 cases in court—experience that translates into confident, trial-ready representation.
40 Years of Legal Experience You Can Trust

Our attorney brings four decades of proven legal knowledge to every case, ensuring clients receive seasoned, thoughtful counsel.

Contact Us Today

At Marilyn Smith Law APC, we're always ready to take your call! Give us a call at (626) 317-6068 or fill out the form below to contact one of our team members.

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