Brain Injuries

San Francisco Brain Injury Attorney

Experienced Legal Advocacy for Brain Injury Victims in San Francisco

Peterson Injury Law represents people and families pursuing claims after brain injuries caused by negligence, including injuries connected to a car accident, medical malpractice, or unsafe property. We take a limited number of serious cases so we can investigate the medical questions, understand how the injury affects your daily life, and remain closely involved as new information emerges.

Kristin Dougherty, R.N., serves as our Client Intake Coordinator and brings a clinical perspective to the first evaluation. We explain medical and legal questions in plain language, return calls and messages promptly, and offer video calls when your family needs them. That communication matters when a brain injury affects your memory, concentration, emotions, physical function, relationships, or ability to work independently.

Call (415) 630-2913 today or contact us online for a free consultation with our San Francisco brain injury attorney.

Understanding Traumatic Brain Injuries

A traumatic brain injury occurs when an external force disrupts normal brain function. Its effects range from temporary concussion symptoms to lasting neurological impairment. The full impact isn’t always apparent during the initial hospital stay, so changing symptoms, follow-up care, and functional limitations all matter when evaluating your losses.

How a Brain Injury Lawyer in San Francisco Evaluates Long-Term Harm

After a brain injury, you may face questions about treatment, employment, and daily functioning while insurance representatives request information. We begin by reviewing available medical records, incident reports, imaging, witness accounts, and the circumstances that caused the injury. We then examine how your condition affects your work, relationships, independence, and long-term plans.

Our evaluation looks beyond emergency treatment. We document how your needs and limitations develop over time instead of treating the first diagnosis as the final measure of harm.

Erik L. Peterson has more than 30 years of practice experience, and our firm has recovered more than $200 million for clients harmed by negligent medical care and personal injury. He co-tried a case that produced a $21 million verdict for a brain-injured truck accident victim. We prepare serious claims through detailed investigation, medical-record review, and coordination with qualified medical professionals.

Types of Brain Injuries:

Doctors commonly classify brain injuries by the degree of disruption to consciousness and neurological function:

Mild TBI (Concussion): A mild traumatic brain injury can cause headaches, dizziness, memory problems, fatigue, or sensory sensitivity even when initial imaging doesn’t show structural damage.
Moderate TBI: A moderate injury involves a greater disruption of consciousness or neurological function and commonly requires continued treatment and rehabilitation.
Severe TBI: A severe injury can cause prolonged unconsciousness, extensive neurological damage, and lasting dependence on medical or personal care.

The injury label alone doesn’t describe how your life has changed. Treatment records, symptom history, work limitations, and observations from family members can provide a fuller account of the physical, cognitive, and behavioral effects.

Incidents That Can Cause TBIs:

The evidence needed to establish responsibility depends on how your injury occurred:

Motor Vehicle Collisions: Evidence can include crash reports, vehicle damage, witness accounts, available video, and records showing when neurological symptoms were first documented.
Slip and Fall Accidents: Claims involving unsafe property conditions can turn on inspection records, maintenance history, photographs, surveillance footage, and notice of the hazard.
Medical Negligence: Brain damage can result when surgical errors, misdiagnosis, or delayed treatment deprives the brain of oxygen or allows neurological damage to worsen.
Workplace Incidents: Falls from heights, machinery incidents, and unsafe work conditions require a careful review of how the event occurred and which parties controlled the work or equipment.
Violence or Assault: Medical documentation, witness accounts, and investigative records can help establish the cause and extent of brain trauma.

Brain Injury Symptoms & Long-Term Losses

The effects of a brain injury can evolve over weeks or months. You may initially expect to return to normal activity, then struggle with fatigue, headaches, memory loss, reduced concentration, or emotional changes. We evaluate those developments through medical documentation and specific evidence of how the injury has altered your daily functioning.

Common Symptoms of a TBI:

Your symptoms may affect several areas of physical, cognitive, and emotional health:

Physical Symptoms: Persistent headaches, dizziness, fatigue, seizures, or reduced motor function.
Cognitive Symptoms: Memory loss, difficulty concentrating, confusion, and slower information processing.
Behavioral Changes: Anxiety, depression, mood swings, aggression, or reduced impulse control.
Sensory Symptoms: Blurred vision, hearing loss, sensitivity to light or sound, and impaired taste or smell.

When supported by the evidence, recoverable losses can include past and future treatment, rehabilitation, missed income, reduced earning capacity, pain and suffering, and assistance with daily activities. We also consider documented needs for neuropsychological testing, vocational counseling, therapy, in-home support, mobility equipment, and modifications such as ramps or stairlifts.

Why Choose Our Brain Injury Attorneys in San Francisco?

Brain injury cases require careful analysis of medical evidence, causation, and the injury’s long-term financial and personal effects. Peterson Injury Law brings a substantial record in serious personal injury litigation involving negligent medical care, along with direct attention to your family’s needs.

Our Brain Injury Litigation Record:

Our approach combines detailed preparation, recognized leadership, and direct communication throughout your case:

Focused Case Selection: We accept a limited number of high-stakes cases so we can devote substantial attention and resources to each one.
Truck Accident Litigation: Claims involving a truck accident require close analysis of medical causation and the evidence establishing responsibility.
Detailed Case Preparation: We review medical records and work with qualified physicians, neurologists, and life care planners when their input is needed to document the injury.
Direct Client Communication: We explain the process in understandable terms and keep you informed through investigation, discovery, negotiations, and trial preparation.
Peer Recognition: Erik Peterson has been selected to Super Lawyers® every year since 2006 and is included in The Best Lawyers in America©.

Compensation in a Brain Injury Case

Losses a Claim Can Address:

Depending on your circumstances and the available evidence, a claim may address several forms of harm:

Medical Treatment: Emergency care, hospitalization, medication, neurological testing, rehabilitation, therapy, and supported future treatment.
Income & Earning Capacity: Wages already missed and the effect of cognitive or physical limitations on future employment.
Pain & Suffering: Physical discomfort, emotional distress, loss of independence, and diminished enjoyment of life.
Supportive Care: In-home assistance, mobility devices, transportation needs, and other documented help with daily activities.
Home Modifications: Necessary changes to living spaces when lasting physical or neurological limitations affect accessibility.

We assess these losses in the context of your actual life, including family responsibilities, career plans, relationships, and the support required for greater stability.

How Peterson Injury Law Builds Your Case

Brain injury cases require meticulous investigation and preparation to establish liability and quantify damages. At Peterson Injury Law, we handle the legal work while keeping you informed about significant decisions and upcoming events.

Our Brain Injury Case Process:

Our team explains each step in plain language and prepares you for key events such as depositions or independent medical examinations. We coordinate with your treating doctors so legal deadlines don’t conflict with critical appointments. You remain informed as the case moves forward.

Initial Evaluation: We listen to what happened, review available information, and explain the legal issues during a free consultation.
Evidence Development: We obtain and analyze relevant medical records, incident documentation, witness details, and other evidence tied to causation.
Claim Valuation: We examine economic and non-economic damages, including supported future care and changes in earning capacity.
Insurance Communications: We communicate with insurers and opposing parties, track their requests, and present the documented losses supporting your claim.
Litigation Preparation: We prepare you for discovery, depositions, mediation, insurer-requested examinations, and trial when the disputed issues aren’t resolved.

Filing a Brain Injury Claim in San Francisco

Brain injury lawsuits arising from incidents in San Francisco are generally filed in San Francisco County Superior Court. The correct filing route depends on whether your claim involves ordinary negligence, professional negligence, a public entity, or a contractual arbitration requirement such as Kaiser’s.

A California negligence lawsuit generally must be filed within two years of the injury. Claims against healthcare providers generally use an earlier-of-two-deadlines rule: three years from the injury or one year after you discovered, or reasonably should have discovered, the injury. Code of Civil Procedure Section 364 also requires at least 90 days’ written notice to a healthcare provider before filing a lawsuit alleging medical malpractice.

A personal injury claim involving a public entity generally requires a written government claim within six months of the incident. Missing that administrative step can affect your ability to file a later lawsuit. Because exceptions, delayed discovery, minors, incapacity, and other facts can change the analysis, we assess deadlines promptly and calendar the applicable dates early.

After filing, the parties exchange evidence through discovery, take depositions, and address disputed medical and legal questions. Your case can also proceed through mediation, settlement discussions, and trial preparation. We outline expectations in advance and prepare you for each significant stage instead of leaving you to interpret unfamiliar notices or requests alone.

Insurance Communications After a Brain Injury

Understanding how insurers evaluate brain injury claims in California can help you avoid common missteps that reduce the value of your case. Insurance adjusters can begin calling before the full medical effect of your injury is known. A recorded statement, broad medical authorization, or incomplete insurance form can influence how a carrier evaluates causation and damages.

We communicate with insurers and opposing parties for you and maintain a record of requests, responses, and significant claim developments. Your case can involve more than one source of insurance, depending on the incident and the responsible parties. We review available policy language and identify the carriers connected to your claim without limiting the documented loss to emergency bills or initial imaging.

Repeated calls, letters, and requests are particularly difficult when you’re coping with fatigue, memory problems, or reduced concentration. We serve as your point of contact, coordinate responses with the medical record, and prepare you for insurer-requested examinations and other significant case events.

$3.75 Million Anesthesia Error
$6.25 Million Anoxic Brain Injury, Anesthesia Error
$17 Million Birth Injury Settlement

See More Wins

I can’t say enough about Erik Peterson
“
I can’t say enough about Erik Peterson of Peterson Injury Law. He represented my brother and me in a wrongful death case involving my Mom, and we couldn’t have asked for a more compassionate and professional attorney. Losing my Mom was incredibly difficult, and going through a lengthy legal process made it even harder. Erik kept us informed every step of the way, explained everything in detail, and always gave us choices. We had endless questions, and he never once made us feel like we were bothering him. He understood that this wasn’t just a case to us – it was our Mom, and he genuinely seemed to care about what our family was going through.
One thing that made the whole process easier was that we never had to travel to an office. Everything was handled through Zoom, which was incredibly convenient, and we always felt connected and informed. His paralegal, Kate, was also wonderful – helpful, responsive, and always so pleasant to work with.

Other attorneys had turned us down, so we feel incredibly fortunate that Erik took our case. He worked on a contingency basis, and even reduced his fee, which meant a great deal to us. We ultimately settled out of court for more than I expected.

While no amount of money can bring my Mom back, I will always be grateful for the way Erik handled our case and treated our family. My brother and I are truly thankful for everything he did for us. I would wholeheartedly recommend Erik Peterson to anyone looking for an attorney who is knowledgeable, professional, compassionate, and genuinely cares about his clients.
”

- M.C.
Erik and his team were incredibly helpful.
“Erik and his team were incredibly helpful. They consistently helped me through the unfamiliar and uncertain legal processes, which were all new to me. I trusted Erik always had my best interests in mind and was fighting on my behalf. I deeply appreciate all they did for me and my family.”

- Peter M.
I truly appreciate everything they did for us.
“Erik and his paralegal, Kate, were incredible throughout our case. Erik is an amazing attorney, he was open with us from the very beginning, attentive, and always made sure we understood every step of the process. His honesty and professionalism gave us so”

- Joyce D.
We cannot recommend Erik and his team highly enough.
“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”

- Jennifer B.
I am so very grateful to my lawyer, Erik
“I am so very grateful to my lawyer, Erik and his team for his unwavering support, dedication and commitment. Thank you for all your hard work leading us to a victorious outcome in court!”

- Quia K.
He was always truthful and honest but also caring.
“My wife and I are forever grateful to Erik and his team for putting the effort and care for our son and his needs. We chose Erik over another lawyer because they took the time to FaceTime with us and speak to us on a personal level which made us feel safe and heard. Throughout the process Erik was very communicative and detailed in explaining how all the legal things worked and how long things took. He was always truthful and honest but also caring. At the end Erik and his team were able to help us and now our son will have his needs met and a more comfortable life. Thank you.”

- Adrian B.
Erik, I'm incredibly grateful that [husband stroke victim] continues to improve - long after it was thought to be possible.
“He couldn't have managed independence to this extent, his current level of physical activity, or the complexity of his recent social interactions 6 months ago. None of it would have happened without ongoing therapeutic support - which has only been possible with the financial settlement.”

- Former Client
Thank you Erik for winning our case!
“Thank you Erik for winning our case! Erik and his team are superb. If you are in need of his attorney services, it is likely, like myself, that you are experiencing one of the most traumatic and painful times of your life. Of course you want an excellent lawyer - and he is it. The bonus: he is also a genuinely real and kind human being. I am so grateful to him and his team.”

- Margaret C.
Erik Peterson handled my case with care and compassion.
“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”

- Kristy N.

Frequently Asked Questions

How Do I Know If I Have a Valid Brain Injury Claim?

A claim generally requires evidence that another person or entity acted unreasonably, caused your brain injury, and produced measurable losses. Medical records, incident reports, photographs, and witness information help us evaluate those elements. A free, no-obligation consultation allows us to review your circumstances and explain possible legal options without obligating you to proceed.

How Long Do Brain Injury Cases Usually Take?

Timing depends on the severity of your injury, the number of parties, disputed facts, medical development, and whether the case resolves before trial. Some claims settle after investigation and negotiations, while cases involving extensive discovery or disputed medical causation take longer. We discuss expected stages and potential delays early so you know what the process requires.

Do I Have to Go to Court If I File a Brain Injury Claim?

Many claims resolve through settlement, mediation, or another negotiated process. Your case can proceed to trial when the parties continue to dispute responsibility or the amount of damages. Kaiser claims involving negligent care follow binding arbitration instead of Superior Court, so the forum also depends on who provided your care.

What Should I Bring to an Initial Consultation?

Bring any available medical and discharge records, incident reports, photographs, insurance information, and correspondence from insurers. Symptom notes, missed-work information, and records of changes in your daily activities are also useful. Don’t delay the consultation simply because you haven’t collected every document.

How Much Does It Cost to Hire Your Firm?

We offer a free, no-obligation consultation and don’t charge legal fees unless we help you recover damages. We explain the fee arrangement and answer your questions before you decide whether to move forward. You pay no upfront legal fee.

Brain Injuries Caused by Medical Negligence

Some brain injuries arise from failures in medical care instead of an external accident. A medical negligence claim requires evidence that a provider failed to meet the applicable standard of care and that the failure caused neurological harm. Our practice includes diagnostic failure, anesthesia error, birth injury, infectious disease, pediatric harm, and Kaiser arbitration matters.

Anoxic Brain Injury from Anesthesia Error

Anoxic brain injury means brain damage caused by a lack of oxygen. During surgery, failures involving airway management, oxygen monitoring, medication, or communication can lead to oxygen deprivation. Establishing your claim requires a close review of the anesthesia record, vital-sign data, operative notes, and the medical connection between the failure and the injury.

Peterson Injury Law resolved an anoxic brain injury claim arising from an anesthesia error for $6.25 million. That result reflects a completed case and doesn’t predict the value or outcome of your claim.

Failure to Diagnose & Treat Stroke

A delayed stroke diagnosis can allow neurological injury to worsen when timely treatment is missed. The legal analysis examines the symptoms you presented, when providers recognized them, what testing or consultation was ordered, and whether earlier intervention would have changed the medical course.

Peterson Injury Law secured a $3.75 million recovery in a failure-to-diagnose-stroke case. We use the medical timeline to assess both the alleged diagnostic failure and the harm attributable to the delay.

Emergency Room Negligence

Emergency department brain injury claims can involve a failure to recognize neurological symptoms, inadequate monitoring, delayed imaging, or premature discharge. Records from triage through discharge help show what information was available, how your condition changed, and whether the response met the applicable standard of care.

Our firm recovered $3 million in an emergency room negligence brain injury case. Each claim requires its own analysis of the treatment, causation, and documented losses.

Kaiser Arbitration for Brain Injury Claims

Members of Kaiser Permanente health plans who suffer brain injury due to provider negligence don’t file suit in Superior Court. They proceed through Kaiser’s binding arbitration system, which has its own filing procedures, scheduling requirements, discovery process, and hearing format. We handle Kaiser arbitration matters involving brain injuries and prepare you for the procedural differences.

California Medical Malpractice Notice Requirements

California Code of Civil Procedure Section 364 generally requires a claimant alleging professional negligence to provide a healthcare provider with at least 90 days’ written notice before filing a lawsuit. If you serve the notice during the final 90 days of the limitations period, the filing period generally extends 90 days from the date of notice.

The interaction between the notice rule, discovery date, and other filing requirements depends on your claim’s facts. We evaluate those dates early, preserve the distinction between court-filed claims and Kaiser arbitration, and explain the expected path before major procedural decisions arise.

WE'RE HERE FOR YOU

Contact Peterson Injury Law Today

A free, no-obligation consultation gives you an opportunity to discuss what happened, ask questions, and understand the legal considerations that could affect your family. We listen carefully, review the available information, and outline potential next steps without pressuring you to pursue a claim.

We provide straightforward guidance about deadlines, risks, and case expectations. There’s no upfront legal fee, and we don’t charge legal fees unless we help you recover damages.

Reaching out doesn’t obligate you to move forward. It gives you clear information about whether working with a brain injury lawyer in San Francisco is an appropriate next step for you and your family.

Call us today at (415) 630-2913 or contact us online to request your free consultation with our San Francisco TBI aatorney.

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