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★ California · head & brain

Head & brain settlements
in California.

By Reviewed by Abd Shanti, Founder9 min read

A worker cleaning up a California train derailment was struck on the head by a block that fell from a crane. A jury awarded $3.9 million against the railroad, and the courts let $2.7 million of it stand.

Facts that decide a head & brain claim in California

RemittiturA trial judge may reduce an excessive award instead of ordering a new trial; the plaintiff may accept the lower figure.Collins v. Union Pacific Railroad (Cal. Ct. App. 2012)
Special employeesA worker paid by one company can be the special employee of another that directs the work, allowing a federal railroad injury claim against it.Collins v. Union Pacific Railroad (Cal. Ct. App. 2012)
Deadline to sueTwo years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1
Fault rulePure comparative fault: your own negligence reduces your damages by your share but never bars recovery, even at 90%.Li v. Yellow Cab Co. (Cal. 1975)
Seat belt useNot negligence by itself, but negligence can be proven as a fact for comparative fault.Cal. Veh. Code § 27315(i), in the MyClaimWorth seat belt chart
united states · sister site
Your head & brain claim in California. See the number for your own case.

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★ CA · reported head & brain outcomes

What California courts have awarded.

Real California decisions and verdicts, each linked to the court record or official report.

  • Collins v. Union Pacific Railroad
    California Court of Appeal · 2012
    $3,945,493.93 verdict reduced to $2,695,493.93

    In 2003 two Union Pacific freight trains collided near Beaumont, derailing more than 20 cars. A cleanup contractor’s crew responded, and one worker was injured when a block from a crane fell on his head. He received workers’ compensation from his employer and sued Union Pacific under federal railroad law as its special employee. Doctors recommended a vocational rehabilitation team and a neuropsychologist, at about $100,000. The jury awarded $3,945,493.93, reduced to $2,695,493.93 by remittitur, and the Court of Appeal affirmed.

★ CA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in California.

  1. 1

    Head injuries at work can support claims beyond workers’ compensation. Collins recovered from the railroad that directed the work, not his employer.

  2. 2

    Cognitive care is part of the damages. The award reflected neuropsychological evaluation and vocational rehabilitation, not only medical bills.

  3. 3

    Large verdicts are often trimmed. The trial judge cut about $1.25 million, and the reduced figure was upheld.

  4. 4

    Compensation liens come out of the recovery. The Collins judgment was reduced to reflect the workers’ compensation lien, so the net amount was less than the verdict.

  5. 5

    Even improving symptoms count. The worker later denied cognitive problems at one evaluation, but the jury still valued the future therapy doctors recommended.

★ CA · statute of limitations
2 years for personal injury; 1 year for medical malpractice (with 3-year repose)

Cal. Code Civ. Proc. § 335.1, § 340.5

★ CA · fault rule
Pure comparative negligence

Pure comparative negligence under Li v. Yellow Cab (1975), recovery available at any fault percentage.

★ CA · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in California.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How California's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
California · you are herePure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)—
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
DelawareModified comparative, 51% bar2 years from date of injuryDE · head & brain →
★ CA · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of CA
California overview

Fault rule, statute, caps, and key facts for California as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in California. See /methodology, /sources, and /disclaimer.