Experienced La Jolla Traumatic Brain Injury Attorneys for Complex Head Injury Claims

At their core, traumatic brain injury claims are some of the most difficult personal injury cases to navigate. They demand more than a basic understanding of tort law—they require coordination with medical experts, neurologists, vocational specialists, and life care planners to properly document the full extent of the injury and its impact on the victim’s future. An experienced La Jolla TBI attorney can help prove liability, calculate future damages, and challenge the insurance companies that often try to downplay or deny the seriousness of brain injuries. Whether the trauma was caused by a fall at a construction site, a rear-end collision, or a defective product, the right legal representation can make the difference between a lowball settlement and the financial security a victim needs to move forward. You can learn more about the nature and impact of TBIs from the CDC’s Traumatic Brain Injury resource page.

At Gershen Law Firm, we understand that a traumatic brain injury doesn’t just affect one person—it impacts entire families. That’s why our approach is personal, empathetic, and relentlessly driven by justice. We take the time to listen, investigate every detail of your case, and collaborate with leading medical professionals to build the strongest possible claim. Our La Jolla attorneys are proud to stand beside TBI victims as they rebuild their lives, advocating for the compensation they truly deserve. When your future hangs in the balance, trust Gershen Law to fight like it’s our own family on the line—because to us, it is.

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Why Contact a Trusted Traumatic Brain Injury Attorney in La Jolla

At Gershen Law Firm, we represent victims of traumatic brain injuries (TBI) across La Jolla who are facing the life-altering consequences of a serious accident. From falls at local shopping centers like The Shops at La Jolla Village to bike or car crashes along Coast Boulevard or Torrey Pines Road, TBIs in this area are often the result of preventable negligence. These injuries impact more than physical health—they can disrupt memory, speech, mobility, and emotional stability. Our firm understands the unique legal and medical challenges involved, and we are committed to helping victims secure the care and compensation they need to recover.

Choosing Gershen Law Firm means working with a team that sees you as more than just a case number. Whether your injury occurred near UC San Diego, in the La Jolla Shores neighborhood, or during a weekend stroll through Ellen Browning Scripps Park, we are ready to stand by your side. We handle every step of the legal process—from coordinating expert evaluations to negotiating aggressively with insurers—so you can focus on healing. When the future feels uncertain, we bring strength, advocacy, and a deep commitment to justice for TBI victims and their families.

Recent Traumatic Brain Injury Lawsuits in La Jolla

Traumatic brain injury (TBI) lawsuits in La Jolla illustrate just how devastating and long-lasting head trauma can be—not just for the injured party, but for their families and communities as well. These cases often involve unique legal and factual circumstances, ranging from municipal negligence to unsafe recreational or educational practices. Whether the injury stems from a car crash, sports activity, or defective public infrastructure, victims often face years of medical care, lost income, and emotional distress. Lawsuits serve as a path to compensation and a mechanism for holding responsible parties accountable, especially when proper precautions were not taken to prevent the injury. In La Jolla and the surrounding San Diego area, several high-profile TBI cases have helped raise awareness about safety protocols and institutional responsibility. Below are three significant examples of recent TBI lawsuits, each reflecting the varied ways these life-changing injuries can occur.

Former La Jolla High School Football Player’s Lawsuit Against School District

In a widely reported case, John “Trey” Enloe III, a former junior varsity football player at La Jolla High School, filed a lawsuit against the San Diego Unified School District after sustaining a serious concussion during a 2014 game. Enloe alleged that after telling an assistant coach he was feeling dizzy and disoriented following a hard hit, he was instructed to continue playing rather than being removed from the game. Moments later, he suffered a second significant blow to the head, resulting in a traumatic brain injury that has led to ongoing neurological complications. The lawsuit focused on the district’s failure to follow concussion protocols and the coaching staff’s negligence in handling player safety. This case highlights the dangers of second-impact syndrome and the need for immediate evaluation and medical removal when athletes report concussion symptoms. The legal action called for increased awareness and policy reform within school athletic programs.

Read more from NBC San Diego’s coverage of the football concussion lawsuit.

Key Points:

• Reported symptoms before a second, more serious impact
  
• Negligence in enforcing concussion safety protocols
  
• Long-term neurological and cognitive consequences
  
• Legal implications for school athletic departments

$2 Million Settlement Over Missing Stop Sign Leading to TBI

In a 2023 settlement, the City of San Diego agreed to pay $2 million to Isabella Araceli Franco, a woman who sustained a traumatic brain injury and multiple fractures in a preventable traffic accident. Franco was driving near the intersection of State Route 94 and Home Avenue when her vehicle was struck—an incident she attributed to the city’s failure to replace a missing stop sign. The lack of proper traffic signage at the intersection caused confusion and contributed directly to the collision. Franco’s legal team argued that the city had been made aware of the missing stop sign prior to the incident but failed to take prompt corrective action. Her injuries were severe and life-altering, requiring extensive rehabilitation and impacting her ability to work and function independently. This case demonstrates how municipal oversight and neglected maintenance can result in catastrophic outcomes for unsuspecting drivers.

More details can be found in the San Diego Union-Tribune’s article on the $2 million brain injury settlement.

Key Points:

• Dangerous intersection missing required stop signage
  
• City had prior notice of the hazard
  
• Victim suffered both TBI and orthopedic injuries
  
• Significant legal accountability for city infrastructure failures

Multi-Vehicle Crash Resulting in TBI and $17.4 Million Verdict

In another substantial case, 24-year-old Russell Sheaffer, a Ph.D. student, was awarded $17.4 million after suffering a traumatic brain injury in a multi-vehicle collision on Interstate 15 near Escondido. His car was rear-ended in a chain-reaction crash that caused severe head trauma, facial fractures, and long-term cognitive issues. The lawsuit targeted the at-fault driver and a logistics company responsible for one of the involved vehicles. Sheaffer’s injuries required extensive medical treatment and significantly affected his academic and professional future. The jury found that the defendants failed to exercise reasonable care on the road, resulting in a preventable and life-altering injury. This verdict emphasized the importance of driver responsibility, especially when commercial vehicles are involved.

View the case summary via VerdictSearch’s report on the multi-vehicle crash TBI verdict.

Key Points:

• Chain-reaction crash caused by negligent driving
  
• TBI accompanied by additional facial and orthopedic injuries
  
• Jury held both individuals and corporate entities accountable
  
• One of the largest verdicts for a young adult TBI survivor

Common Causes of Traumatic Brain Injury in La Jolla

Traumatic brain injuries (TBIs) can occur in a wide variety of accidents, many of which are unfortunately common in La Jolla’s busy, tourist-driven environment. From traffic on La Jolla Parkway to recreational activities at La Jolla Cove, the risk of serious head trauma is present in both everyday errands and leisure experiences. While some injuries result from high-speed impacts, others are caused by sudden jolts, falls, or blunt trauma to the head—none of which should be ignored. Even a seemingly minor blow can lead to a concussion or more severe cognitive impairments if left untreated. At Gershen Law Firm, we’ve seen firsthand how brain injuries disrupt lives, whether they stem from negligence, unsafe conditions, or outright violence. Below are the most common causes of TBIs in La Jolla, each requiring careful legal evaluation and swift medical attention.

Motor Vehicle Accidents

Motor vehicle collisions are one of the leading causes of traumatic brain injuries in La Jolla. With high volumes of traffic flowing through routes like North Torrey Pines Road, La Jolla Shores Drive, and the I-5 interchange, accidents involving cars, trucks, and motorcycles occur frequently. The sudden force of impact, even in lower-speed crashes, can cause the brain to collide with the inside of the skull, leading to concussions, hemorrhaging, or long-term cognitive deficits. Victims often require extensive recovery time and may face permanent neurological damage.

Motor vehicle-related TBI risks include:

• Rear-end collisions causing whiplash and brain trauma
  
• Ejection from motorcycles or open vehicles during impact
  
• T-bone accidents at intersections like La Jolla Village Drive
  
• Pedestrians or cyclists hit while crossing busy beach access roads

Recreational Activity Accidents (Jet Ski, Parasailing, Surfing)

La Jolla’s coastal lifestyle draws residents and tourists to outdoor adventures, but recreational accidents are a growing source of traumatic brain injuries. Activities like jet ski rentals, parasailing, scuba diving, and surfing near La Jolla Cove or Marine Street Beach pose serious risks if safety protocols are ignored. Falls, high-velocity impacts, or collisions with watercraft can all lead to blunt force trauma or oxygen deprivation, both of which can affect brain function. Rental operators often fail to provide adequate instruction or safety gear, increasing the likelihood of injury.

Recreational activity TBI scenarios include:

• Falling from a parasail or being dragged at high speeds
  
• Jet ski collisions with swimmers or other riders
  
• Surfers hitting rocks, the ocean floor, or other boards
  
• Scuba diving accidents involving rapid ascents or underwater trauma

Workplace Accidents

Even in a community known for research institutions and tourism, workplace accidents remain a common cause of TBIs in La Jolla. Employees in construction, hospitality, healthcare, and maintenance sectors may suffer head injuries from falls, falling objects, or equipment malfunctions. Injuries sustained on job sites, particularly those near construction zones on Torrey Pines Mesa or around UC San Diego’s expanding campus, can have long-lasting effects. Workers often face pressure to return to the job too soon, risking re-injury without proper recovery or compensation.

Common workplace TBI causes include:

• Falling from ladders, scaffolds, or rooftops
  
• Being struck by tools, debris, or heavy machinery
  
• Slipping in kitchens, hotel lobbies, or janitorial areas
  
• Motorized equipment accidents at commercial properties

Slip and Fall Accidents at Shopping Centers or Restaurants

Slip and fall incidents are among the most underestimated yet impactful causes of traumatic brain injuries. In La Jolla, these accidents frequently occur at high-traffic locations like The Shops at La Jolla Village, Westfield UTC, or popular restaurants along Prospect Street. When a person falls unexpectedly—due to wet floors, uneven tiles, or poor lighting—their head may strike the ground or a nearby object, resulting in a TBI. Property owners have a duty to maintain safe premises, and when they fail, victims are left to deal with painful consequences.

Typical slip and fall TBI conditions include:

• Spilled drinks or slick flooring in restaurants
  
• Uneven sidewalks near retail complexes or parking garages
  
• Dim stairwells or hallways lacking proper warning signs
  
• Broken tiles or floor transitions in boutique stores

Assault or Acts of Violence

Sadly, some TBIs are the result of intentional harm, including physical assault, domestic violence, or criminal attacks. Victims of these incidents often suffer blunt force trauma to the head, leading to concussions, brain bleeding, or more severe cognitive damage. Assaults may occur in nightclubs, bars, private residences, or public areas like La Jolla Cove during crowded events. These cases may also involve negligent security or premises liability when property owners fail to protect patrons from foreseeable harm.

Examples of violent TBI cases include:

• Fights or physical altercations in bars or parking lots
  
• Victims struck with weapons or objects
  
• Domestic abuse leading to repeated head injuries
  
• Attacks on poorly supervised or dimly lit premises

Establishing Liability in La Jolla Traumatic Brain Injury Cases

At Gershen Law Firm, establishing liability is the foundation of every traumatic brain injury (TBI) case we handle. In La Jolla, where injuries often stem from car crashes, unsafe properties, or recreational accidents, proving that someone else’s negligence caused the TBI is essential to pursuing fair compensation. Liability can fall on individuals, businesses, landlords, or even government entities depending on the location, circumstances, and nature of the accident. Our firm uses a meticulous approach to identify responsible parties, collect evidence, and build a case that clearly connects negligent behavior to the client’s injury. Below are the core strategies we use to establish liability in TBI claims throughout the La Jolla area

Thorough Scene Investigations and Evidence Preservation

Our legal team acts quickly to investigate the location where the injury occurred—whether it’s a beachfront jet ski dock, a stairwell at a local shopping plaza, or a residential intersection. Time is of the essence, as evidence such as debris, spills, or hazardous conditions may be cleared within hours of the incident. We document the scene using photos, videos, and expert site inspections to capture any physical clues that support your version of events. This early groundwork often becomes critical when proving that a property owner or third party failed to provide a safe environment.

Our investigation process includes:

• Immediate documentation of the accident site through photos and video
  
• Measuring, mapping, and inspecting physical hazards
  
• Notifying businesses or city departments to preserve security footage
  
• Working with forensic engineers and accident reconstruction specialists

Interviewing Eyewitnesses and Gathering Testimony

Eyewitnesses often see things no camera catches—such as a store employee ignoring a spill, a landlord failing to post warning signs, or reckless behavior by another party. At Gershen Law Firm, we move quickly to track down and interview these witnesses while their memories are fresh. Their statements help establish how long a hazard existed, who was present, and how the property owner or third party responded. These firsthand accounts often provide persuasive evidence when insurance companies try to deflect blame.

Key aspects of our witness strategy include:

• Contacting bystanders, employees, and residents for statements
  
• Recording sworn affidavits or depositions for later use in court
  
• Identifying repeat offenders or prior complaints from witnesses
  
• Using consistent testimony to strengthen liability claims

Reviewing Maintenance Records, Complaints, and Safety Violations

In many La Jolla TBI cases—especially those involving slip and falls or public safety failures—the history of the location is just as important as what happened in the moment. Our attorneys request and analyze maintenance logs, tenant complaints, and safety inspection reports to determine whether the hazard was known and unaddressed. In cases involving the city or commercial entities, we also check for code violations, OSHA reports, or prior lawsuits. Demonstrating a pattern of neglect makes it harder for the defense to argue that the incident was unforeseeable or your own fault.

Types of records we examine include:

• Internal maintenance logs and repair requests
  
• Prior injury complaints from customers or tenants
  
• City inspection records and building code violations
  
• OSHA and Cal/OSHA citations related to the premises or activity

What Compensation Can You Recover After a Traumatic Brain Injury in La Jolla?

A traumatic brain injury can permanently alter every aspect of a person’s life—physically, emotionally, and financially. At Gershen Law Firm, we help La Jolla residents and visitors who have suffered TBIs pursue full compensation for both the immediate and long-term effects of their injuries. The law recognizes that brain injury victims often need more than just help with current medical bills—they may also require lifelong care, suffer lost income, endure mental anguish, and experience a reduced quality of life. That’s why we fight for compensation that reflects the true scope of harm, not just the costs visible on a balance sheet. Below are the primary categories of compensation our team seeks for TBI clients in La Jolla.

Medical Expenses (Past, Present, and Future)

Medical care for TBI victims is often extensive and long-term, including emergency treatment, hospitalization, rehabilitation, and ongoing therapy. In more severe cases, victims may need neurological assessments, surgical procedures, in-home care, and adaptive equipment to manage daily life. Our firm works with medical experts and life-care planners to estimate the total cost of care both now and in the future. We make sure insurance companies don’t underestimate your long-term medical needs or delay approval for necessary treatments.

Medical-related compensation may include:

• Emergency room and trauma center bills
  
• MRI scans, CT imaging, and diagnostic testing
  
• Hospitalization and surgeries
  
• Physical, occupational, and cognitive rehabilitation
  
• Future medical treatments and long-term care services

Lost Wages and Loss of Earning Capacity

For many TBI victims, returning to their prior career—or any career at all—may not be possible. Even mild brain injuries can interfere with memory, concentration, and decision-making, making it difficult to perform in a professional setting. At Gershen Law, we pursue not only wages lost during recovery but also diminished earning potential if the injury affects your long-term ability to work. We collaborate with vocational experts to prove the financial value of what you’ve lost due to the injury.

This compensation can cover:

• Wages lost during hospitalization and recovery
  
• Missed promotions, bonuses, or job opportunities
  
• Loss of future income due to reduced work capacity
  
• Career retraining or transition assistance costs

Pain and Suffering

Not all losses are financial—many are deeply personal and emotional. TBI victims often endure chronic headaches, fatigue, irritability, sleep disturbances, and emotional trauma that significantly disrupt their quality of life. Some face personality changes, depression, or anxiety disorders that were not present before the accident. Pain and suffering compensation reflects these invisible but very real consequences of the injury.

Non-economic damages may include:

• Chronic physical pain or headaches
  
• Emotional distress, anxiety, or depression
  
• Loss of enjoyment of life and hobbies
  
• Personality or cognitive changes affecting relationships

Loss of Consortium and Emotional Harm to Family

Traumatic brain injuries don’t just affect the victim—they can also devastate family members and spouses. When a TBI impairs a loved one’s ability to communicate, connect emotionally, or participate in family life, the legal system allows spouses or children to seek compensation for these losses. This category, known as “loss of consortium,” acknowledges the emotional void left by a serious injury. It also covers the added strain on family members who must assume caregiving roles or cope with the long-term psychological effects.

Family-related damages may involve:

• Loss of companionship or intimacy with a spouse
  
• Strained relationships due to cognitive or emotional changes
  
• Caregiver fatigue and emotional distress in loved ones
  
• Loss of support, guidance, or affection for children

Gershen Law Is Ready to Fight for You After a Traumatic Brain Injury

At Gershen Law Firm, we understand that a traumatic brain injury doesn’t just turn your life upside down—it changes everything. From the pain of memory loss and emotional swings to the overwhelming burden of medical bills and lost income, the road ahead can feel uncertain and isolating. But you don’t have to walk it alone. We are here not just to listen, but to act—with urgency, with compassion, and with unwavering determination.

Our team is relentless in holding negligent individuals, businesses, and institutions accountable for the harm they’ve caused. We work with top medical experts, life-care planners, and legal strategists to build strong, evidence-driven cases that demand full and fair compensation. While you focus on healing, we focus on results—because justice for your suffering isn’t optional, it’s essential.

If you or a loved one has suffered a traumatic brain injury in La Jolla, don’t wait. Contact Gershen Law today for a free, confidential consultation. We’ll stand by your side, fight for your rights, and help you reclaim the future you deserve.

📞 Call now or schedule your case review at (619)492-5526.