Brain injuries change everything — how you think, how you communicate, and, critically, how the legal system may treat you. Whether you suffered a traumatic brain injury (TBI) in a car accident on Highway 80, a slip and fall, or a workplace incident, the legal questions that follow can be just as disorienting as the injury itself. At The Wright Law Firm Personal Injury & Accident Lawyers, we work with brain injury survivors and their families in Roseville and throughout California every year. The questions I hear most often fall into a few categories: Can the injury itself be used in a legal defense? Who controls decisions when a loved one can’t? How do you even find the right attorney for this type of case?
This post answers all of those questions directly, based on what I’ve seen play out in real cases — not theory.
Can My Attorney Use My Brain Injury as a Defense in Roseville?
Yes — and this is one of the most legally significant aspects of TBI cases that clients rarely understand until we sit down together.
In California, a brain injury can function as a defense in both civil and criminal contexts, though the mechanics differ significantly between the two.
In criminal cases, California Penal Code Section 28 allows defendants to introduce evidence of a mental condition — including a TBI — to show that they lacked the specific mental state required for the charged offense. This is not a full “not guilty by reason of insanity” defense under most circumstances. Instead, it is a “diminished actuality” argument: your attorney presents neurological evidence that, at the time of the alleged act, your brain injury prevented you from forming the intent the prosecution must prove. Courts in Placer County and throughout California have accepted neuropsychological evaluations, MRI findings, and expert testimony to support these arguments. The result is not always acquittal, but charges are often reduced — from first-degree to second-degree, or from intentional to negligent — which can substantially change sentencing outcomes.
In civil cases, a brain injury defense operates differently. If someone is suing you for damages and a TBI was a factor in the conduct that led to the lawsuit, your attorney can introduce the injury to mitigate your culpability or to counter claims that your behavior was reckless or intentional. California’s comparative fault framework under Civil Code Section 1714 means that any reduction in your assigned percentage of fault directly reduces your financial exposure.
On the plaintiff side — which is more common in our practice — your brain injury is not a “defense” in the traditional sense. It is evidence of damages. A documented TBI supports claims for medical costs, lost wages, loss of earning capacity, and non-economic damages like pain and suffering. Under California law, there is no cap on non-economic damages in most personal injury cases, which is why thorough medical documentation of a brain injury can significantly increase the value of a claim.
The short answer: yes, your attorney can use your brain injury in a legal defense or as the foundation of a claim — but how they use it depends entirely on what type of case you are in and which side of it you are on. The strategy has to be built around your specific diagnosis, documented symptoms, and the facts of the incident.
How to Get Power of Attorney for Someone With a Brain Injury?
This question comes up constantly among families of TBI survivors, and the urgency is often underestimated. If your loved one suffered a severe brain injury, decisions about their medical care, finances, and legal matters need to be made quickly — but the legal authority to make those decisions doesn’t transfer automatically.
A Durable Power of Attorney (DPOA) is the document that grants you legal authority to act on behalf of another person. “Durable” means it remains in effect even if that person becomes incapacitated — which is exactly the scenario families face after a serious TBI.
Here is the practical issue: in California, the person granting the power of attorney must have legal capacity at the time they sign the document. That means they must understand what they are signing and its consequences. If your loved one still has sufficient cognitive function — even if impaired — they may still be able to execute a DPOA with proper legal guidance. A neuropsychologist or treating physician can often assess and document their capacity for legal purposes.
If the person has lost capacity entirely, a DPOA is no longer an option. At that point, the family typically needs to pursue a conservatorship through the California probate court system. A conservator is appointed by a judge and granted authority over the person’s finances (conservatorship of the estate) or personal care decisions (conservatorship of the person), or both. This process takes longer and costs more than a simple DPOA, but it is the correct legal path when the injured person cannot consent.
The American Bar Association has published guidance on powers of attorney and conservatorship that can help families understand the scope of each option.
I tell every family in this situation: act fast. The window during which a brain injury survivor can still execute a DPOA may be narrow, and missing it means going through conservatorship court, which adds months and expense.
How to Get a Temporary Power of Attorney After a Brain Injury?
A temporary power of attorney — also called a limited power of attorney — grants authority for a specific period or for specific acts. In the context of a brain injury, this can be useful in the early weeks after an accident, when the injured person may still have capacity but is hospitalized and physically unable to manage their affairs.
For example, if someone is recovering at UC Davis Medical Center after a TBI from a rollover accident and needs a family member to handle their banking or sign time-sensitive documents, a temporary POA can authorize exactly that — and nothing more.
In California, a temporary POA is executed the same way as any other POA: the grantor (the injured person) signs the document before a notary, or in some cases before two witnesses who are not the named agent. The document should clearly specify the scope and duration. Under California Probate Code Section 4000 et seq., which governs powers of attorney in the state, the document does not need court approval to be valid — but it must meet the statutory requirements to be honored by banks, hospitals, and other institutions.
If the injured person regains full capacity, they can revoke the temporary POA at any time in writing. If capacity continues to decline, the family should move toward a durable POA or conservatorship before revocation becomes impossible.
One mistake I see regularly: families assume that being a spouse or adult child automatically gives them legal authority over a brain-injured person’s affairs. It does not. Without a properly executed POA or court-appointed conservatorship, hospitals and financial institutions will — correctly — refuse to take instructions from family members on behalf of the patient.
What You Should Know About Brain Injury Attorneys?
Not every personal injury attorney has meaningful experience with TBI cases. This matters more than most clients realize when they first call our office.
Brain injury cases are medically and legally complex. A successful case requires understanding how to read and present neuropsychological evaluations, neuroimaging reports (CT scans, MRIs, and now fMRI studies that can show diffuse axonal injury), and functional assessments. The attorney needs to know which expert witnesses carry weight with Placer County juries, how to counter defense-hired doctors who routinely minimize TBI severity, and how to calculate future damages for a client whose earning capacity or daily function may be permanently reduced.
According to FindLaw, personal injury law covers a broad range of injuries, but traumatic brain injury cases typically involve higher medical costs, longer treatment timelines, and greater proof burdens than soft-tissue cases. That complexity rewards specialization.
What I look for — and what you should look for — in a brain injury attorney:
The attorney should be able to explain the difference between a mild TBI, a moderate TBI, and a severe TBI and describe how each is typically documented and valued in California courts. They should have relationships with qualified neuropsychologists and life care planners who can testify about long-term needs. They should also understand how California’s statute of limitations applies: generally, you have two years from the date of injury to file a personal injury lawsuit, though exceptions exist for minors, delayed discovery of injury, and claims against government entities, which can shorten the deadline to six months under the California Tort Claims Act.
Experience with cases that settle versus cases that go to trial also matters. Most TBI cases resolve through negotiation, but an attorney who has never tried a brain injury case in front of a jury is at a disadvantage when an insurance company refuses a fair offer.
How to Find a Brain Injury Attorney in Roseville?
The search is easier if you know what to filter for.
Start with the State Bar of California’s online lawyer search tool, which lets you verify that any attorney you consider is in good standing and shows any disciplinary history. Justia also maintains attorney profiles with peer ratings and client reviews that can help you compare options.
After verifying credentials, look at actual case results — not just testimonials, but outcomes. Many firms publish settlements and verdicts. Look for TBI-specific results, not just general personal injury numbers. A firm that settled a $3 million TBI case has demonstrated something different from one that settled dozens of minor fender-bender claims.
Ask about the fee structure. Virtually all brain injury attorneys in California work on a contingency basis, meaning you pay no upfront fees and the attorney collects a percentage — typically 33% pre-litigation, up to 40% if the case goes to trial — only if you recover compensation. California Business and Professions Code Section 6147 requires that contingency fee agreements be in writing.
Ask specifically: Have you handled cases where a TBI was disputed by the defense? That is common — insurers frequently argue that symptoms are exaggerated or pre-existing. An attorney who has handled those disputes knows how to document and present the injury credibly.
For Roseville residents, local knowledge also matters. An attorney familiar with Placer County courts, local judges, and how juries in this community tend to evaluate damages is better positioned than an out-of-area firm with no local presence. We also handle related cases that often accompany TBI claims — including back and neck injuries, pedestrian accidents, motorcycle accidents, and cases involving uninsured or underinsured motorists — which frequently overlap with brain injury cases.
Check client reviews for any firm you are considering. Look for patterns: do reviewers mention that the attorney was responsive? That they explained the process? That the outcome met or exceeded expectations? A single five-star review means little; consistent feedback across dozens of clients tells you something real.
Finally, the initial consultation should be free. If an attorney wants to charge you just to hear your case, move on.
Brain Injury Cases We Handle in Roseville and Throughout California
Our office handles TBI cases arising from a wide range of incidents. Car accidents — including rear-end collisions, head-on collisions, and side-impact collisions — are the most common cause. But we also represent clients injured in bicycle accidents, workplace incidents, slip and falls, and sports-related collisions. In the most severe cases, where a brain injury proves fatal, we work with families on wrongful death claims.
Every brain injury case is different. The severity of the injury, the liability facts, the available insurance coverage, and the long-term prognosis all shape the legal strategy. There is no formula. What I can tell you is that we approach each case by building the medical record first — because the strength of a TBI claim depends almost entirely on documentation — and then constructing the liability argument around it.
If you have questions about your situation, our blog covers a range of personal injury topics that may help you understand your options before your first consultation.
Ready to Talk? Contact Our Roseville Office
If you or a family member has suffered a brain injury, do not wait to get legal advice. Evidence fades, witnesses become harder to locate, and California’s filing deadlines are firm. An early consultation costs you nothing and tells you exactly where you stand.
The Wright Law Firm Personal Injury & Accident Lawyers serves clients in Roseville and throughout California. We offer free consultations, work on contingency, and bring genuine trial experience to every case we accept.
Call us today at (916)-789-9477 or contact us online to schedule your consultation.
Visit our office at 3400 Douglas Blvd Suite 255, Roseville, CA 95661, United States. We are here to help you understand your rights and take the next step forward.
Written by Timothy Wright. Read more about the author.
