Average Mild Traumatic Brain Injury Settlement in California (2026)
- Tom Feher, Esq.
Frequently Asked Questions
What is the average settlement for a mild traumatic brain injury in California?
Mild TBI and post-concussion cases in California typically settle between $50,000 and $250,000, with the range depending on how well the cognitive symptoms are documented through neuropsychological testing. Cases involving lost income, ongoing therapy, or persistent post-concussive symptoms tend to land in the upper half of that range. Severe TBI cases settle far higher, often $1M to $5M or more.
How long do I have to file a brain injury claim in California?
California Code of Civil Procedure 335.1 gives you two years from the date of injury to file a personal injury lawsuit, including for traumatic brain injuries. If the at-fault party is a public entity, Government Code 911.2 cuts that to a six-month government claim deadline. Delayed-onset symptoms do not automatically extend the deadline, so we recommend talking to counsel early.
What evidence do I need to prove a mild TBI?
Mild TBI cases turn on objective documentation because imaging is often normal. We build the file with neuropsychological testing, neurologist or neuropsychologist evaluations, emergency room records noting loss of consciousness or altered mental state, employer statements about cognitive changes, and statements from family members about behavioral shifts. The earlier this documentation starts, the stronger the claim.
Can I still recover if a CT scan or MRI came back normal?
Yes. Mild TBI is a clinical diagnosis and imaging is normal in the majority of cases. California juries and insurers accept neuropsychological testing, treating physician opinions, and witness testimony about cognitive and behavioral changes. A normal scan does not defeat a claim, but it does make documentation of symptoms more important.
What damages are recoverable in a mild TBI case?
California law allows recovery of past and future medical care, lost wages, lost earning capacity, and pain and suffering. For mild TBI, future cognitive rehabilitation, vocational retraining, and reduced earning capacity often drive the value. If the conduct was malicious or reckless, Civil Code 3294 permits punitive damages.
How long does a mild TBI settlement take to resolve?
Most mild TBI claims resolve in 12 to 24 months. Cases settle faster when treatment plateaus quickly and medical records are complete. Cases involving disputed liability, ongoing cognitive treatment, or trial preparation often run two to three years from injury to resolution.
California mild traumatic brain injury (mild TBI) settlements typically range from $50,000 to $500,000+, depending on cognitive impact, medical treatment, lost wages, and pain and suffering. Mild TBI cases involving concussion symptoms, post-concussion syndrome, or cognitive changes that interfere with work or daily life frequently settle in the $100,000-$300,000 range. Severe long-term symptoms can push settlements above $1 million.
“Mild TBI is the most under-diagnosed and under-compensated injury we see. Adjusters look at a normal CT scan and assume no injury exists. They’re wrong. Concussions cause measurable cognitive deficits that show up in neuropsych testing, even when imaging looks fine. The medical evidence exists. We just have to develop it.”
– Thomas Feher, Esq., Founder of Feher Law APC | California Bar (2011) | Super Lawyers 2022-2026 | Avvo Rating 10.0
Key Takeaways
- Settlement range: $25,000 to $300,000 typical for mild TBI in California, with post-concussion syndrome cases reaching $750,000+.
- Imaging is not definitive: Mild TBI often shows normal CT/MRI scans. Neuropsychological testing and SPECT/PET imaging detect deficits CT/MRI miss.
- California has no damages cap: Non-economic damages for pain and suffering have no statutory cap in most personal injury cases under Civil Code §3333.
- Statute of limitations: 2 years to file under Code of Civil Procedure §335.1.
- Feher Law recovered $2.8 million in a TBI case. We handle California TBI cases on contingency. You pay nothing unless we win.
Free Case Evaluation – No Fee Unless You Win
Feher Law offers free consultations on California TBI cases. Call (310) 340-1112 or visit our California traumatic brain injury lawyer page.
California Mild TBI Settlement Amounts (2026)
| Mild TBI Case Type | Typical Settlement | Severe Cases |
|---|---|---|
| Single concussion, full recovery in weeks | $25,000 – $75,000 | $100,000+ |
| Concussion + extended symptoms (3-6 months) | $50,000 – $150,000 | $250,000+ |
| Post-concussion syndrome (lasting symptoms) | $100,000 – $300,000 | $500,000+ |
| Mild TBI + cognitive deficits documented | $200,000 – $750,000 | $1M+ |
| Mild TBI + lost earning capacity | $500,000 – $2M | $2M+ |
| Mild TBI + permanent disability | $1M – $3M+ | $5M+ |
How Mild TBI is Diagnosed and Documented in California Cases
Mild TBI is diagnosed through clinical evaluation, not imaging. CT and MRI scans typically appear normal in mild TBI cases because the damage is at the cellular level (axonal injury, neurochemical disruption) rather than structural. Documentation requires Glasgow Coma Scale assessment, neurological examination, and tracking of symptoms over time.
Neuropsychological testing is the gold standard for documenting mild TBI cognitive deficits. A neuropsychologist administers standardized tests measuring memory, attention, executive function, processing speed, and language. Results compared to age-matched norms reveal cognitive deficits that imaging cannot show. These tests are objective and admissible in court.
Advanced imaging including SPECT (single-photon emission computed tomography) and PET (positron emission tomography) scans can show metabolic changes in mild TBI even when structural imaging is normal. These specialized scans support the medical evidence in higher-value cases. Insurance defense lawyers often argue against SPECT/PET evidence, so case-building requires careful expert selection.
Why Mild TBI Cases Are Often Undervalued by Insurance
Insurance companies undervalue mild TBI cases for three reasons: normal imaging suggests no injury to lay jurors, mild TBI symptoms (headache, fatigue, concentration problems) overlap with other conditions, and adjusters assume “mild” means “minor”. None of these assumptions are medically accurate.
The first lowball offer for a mild TBI case in California is typically $5,000 to $15,000 even when the case has $75,000 to $300,000 in actual value. Adjusters know that without an attorney, most claimants will accept these offers because the symptoms are hard to articulate without medical translation. With an attorney, the case is valued accurately through neuropsych testing, vocational evaluation, and lost earning capacity calculations.
Mild TBI cases that include post-concussion syndrome (PCS) symptoms lasting beyond 3 months automatically increase in value. PCS symptoms include persistent headache, dizziness, sleep disturbance, mood changes, and cognitive deficits. PCS settlements regularly exceed $200,000 because the lasting impact creates documented economic and non-economic damages.
Talk to a California TBI Attorney
Feher Law has recovered over $150 million for California clients. Call (310) 340-1112 or schedule a free consultation.
What to Expect When You Work With Feher Law
- Free Case Evaluation: Crash facts, symptoms, medical evaluation needs assessed. No obligation, no fee.
- Case Investigation: Neuropsychological testing referral, advanced imaging if needed, accident reconstruction. Costs advanced by the firm.
- Filing Your Claim: Demand letter to at-fault insurer with full damages quantification. Lawsuit filed before 2-year deadline.
- Negotiation and Mediation: Discovery, depositions, expert testimony. Most California mild TBI cases settle 12 to 24 months after filing.
- Resolution: Settlement or trial. Feher Law has secured $2.8M in a TBI case and $4M in a TBI/truck accident case. You pay nothing unless we win.
Why California Mild TBI Clients Choose Feher Law
Thomas Feher, Esq. founded Feher Law in 2019. He has tried 50+ jury trials, holds an Avvo Rating of 10.0, and is a Board Member of the Brain Society of California. Feher Law’s TBI track record: $2.8M TBI recovery, $4M truck accident TBI case, $14.6M in Simone v. Estate of Bruce Jameson for catastrophic spine injury. Total recovery: over $150 million for California clients. Offices in Huntington Beach and Torrance, serving LA County, Orange County, San Bernardino County, and Riverside County. Every case on contingency. You pay nothing unless Feher Law wins for you. Tom’s Brain Society of California Board membership reflects the firm’s deep specialization in TBI cases.
Frequently Asked Questions
What is the average mild TBI settlement in California?
The average mild TBI settlement in California ranges from $25,000 to $300,000 depending on severity, lasting symptoms, and impact on work. Cases with post-concussion syndrome (PCS) lasting beyond 3 months settle in the higher range. Cases with documented cognitive deficits and lost earning capacity routinely exceed $750,000. Code of Civil Procedure §335.1 gives 2 years to file.
Can I have a TBI if my CT scan was normal?
Yes, mild TBI typically shows normal CT and MRI scans. The damage is at the cellular level (axonal injury) rather than structural. Diagnosis requires clinical evaluation, neuropsychological testing, and sometimes SPECT or PET imaging. Normal CT does not rule out TBI. Insurance adjusters who argue “no injury” based on normal imaging are wrong about the medicine.
What’s the difference between mild TBI and concussion?
Mild TBI and concussion are essentially the same diagnosis. The medical literature uses both terms. The Glasgow Coma Scale defines mild TBI as scores 13-15. Symptoms include brief loss of consciousness (or none at all), confusion, headache, dizziness, memory problems, and sleep changes. Most concussions resolve in 7-10 days, but 15-30% develop post-concussion syndrome lasting months or years.
How long do post-concussion symptoms last in California TBI cases?
Post-concussion syndrome symptoms can last 3 months to several years. The classification of “mild” TBI does not correspond to a short recovery timeline. Some patients experience permanent cognitive deficits even after a single mild TBI. Cases with PCS lasting beyond 6 months are typically higher value because lasting impact is established.
Will insurance accept a mild TBI claim without imaging?
Insurance companies typically resist paying for mild TBI claims without imaging evidence. This is why neuropsychological testing is essential in California mild TBI cases. Neuropsychological tests provide objective documentation of cognitive deficits that adjusters cannot dismiss. Cases with neuropsych evidence settle 3 to 5 times higher than cases without.
Can I sue for a mild TBI from a low-impact crash?
Yes, you can sue for mild TBI from any crash including low-impact rear-end collisions. Mild TBI does not require high-speed impact. Sudden acceleration/deceleration alone causes axonal injury. Insurance adjusters argue minimal property damage means minimal injury, but this argument has been refuted by California courts repeatedly. Document medical care consistently and don’t accept early lowball offers.
Ready to Talk to a California TBI Lawyer?
Feher Law offers free, confidential consultations. Call (310) 340-1112 to get started today.
Notable Recent Settlements
Examples of California cases Feher Law has resolved on behalf of clients in this practice area:
- $2.8M – Traumatic Brain Injury
- $1.78M – Slip & Fall – Mild Traumatic Brain Injury
- $1.25M – Pedestrian Accident – Mild Traumatic Brain Injury
- $1.2M – Car Accident – Brain Injury
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
Estimate your case value: Use our free California Personal Injury Settlement Calculator for a quick estimate of what your case could be worth, or speak directly with a Torrance personal injury lawyer for a personalized review.
Last reviewed by Thomas Feher, Esq. on May 2026
Mild traumatic brain injury settlements in California typically range from $50,000 to $250,000 when symptoms are documented within 30 days and neuropsychological testing confirms cognitive deficit, and $300,000 to $1 million or more when PCS becomes chronic or causes long-term wage loss. CCP 335.1 gives you two years to sue, with the delayed-discovery rule frequently extending that clock for symptoms that emerge later. The biggest mistake we see is delayed initial treatment: a same-day ER visit with documented loss of consciousness or amnesia anchors the diagnosis. This article covers every imaging, testing, and damage category that drives mTBI value.
Why California Clients Choose Feher Law
Super Lawyers 2022-2026 | Avvo 10.0 Superb | Gerry Spence Trial Lawyers College Graduate
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