$36.0M
Fresno pedestrian accident settlement: a commercial delivery van struck a child crossing the street, causing a traumatic brain injury and other serious injuries.
Personal Injury
Anoxic & Hypoxic Brain Injury Lawyer in California
Did a loss of oxygen leave your loved one with lasting brain damage? Wilshire Law Firm — an award-winning, nationally recognized team — helps California families pursue compensation when negligence causes an anoxic or hypoxic brain injury. Contact us for a free case review with a legal professional, available 24/7. No fees unless you get paid.
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Key Takeaways
- An anoxic injury is a total loss of oxygen to the brain and a hypoxic injury is a partial loss; both can cause permanent damage within minutes.
- Oxygen-deprivation injuries during medical care generally must be filed within three years of the injury or one year after discovery, whichever is first (Code Civ. Proc. §340.5).
- In medical-negligence cases, pain-and-suffering damages are capped at $470,000 in 2026, or $650,000 if the injury is fatal; medical costs and lost earnings are not capped (Civ. Code §3333.2).
- Near-drownings, choking and carbon monoxide exposure can support premises or product claims, which generally have a two-year deadline (Code Civ. Proc. §335.1).
- If a public hospital, school or city pool is involved, a written claim is due within six months (Gov. Code §911.2).
Understanding Your Brain Injury Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
An anoxic brain injury occurs when the brain is completely deprived of oxygen, while a hypoxic brain injury occurs when the brain receives some, but not enough, oxygen. Brain cells begin to die within minutes without adequate oxygen, which is why these injuries are often severe and permanent. Unlike a blow to the head, this is an "acquired" brain injury caused by an interruption of blood flow or breathing. These cases sit within our broader brain injury practice.
These injuries are frequently caused by preventable failures. Common causes include medical and anesthesia errors, delayed emergency response, and mistakes during childbirth that lead to birth injuries; near-drowning incidents, including at pools with inadequate safety measures; choking, strangulation, and airway obstruction; cardiac or respiratory events that were mishandled; and carbon monoxide poisoning. When another party's negligence caused the loss of oxygen, a claim may follow.
Because anoxic and hypoxic injuries are often catastrophic, claims generally seek compensation for a lifetime of needs: past and future medical care, long-term and in-home nursing, rehabilitation, assistive equipment, home modifications, lost earning capacity, and pain and suffering. When the victim does not survive, families may pursue a wrongful death claim. Valuing these cases usually requires a life-care plan — see our guide to brain injury settlements.
In medical-negligence cases, California caps non-economic damages at $470,000 in 2026, or $650,000 when the injury is fatal, but it does not cap the cost of medical care, future care or lost earnings (Civil Code §3333.2).
Responsibility depends on how the oxygen loss happened. A hospital or medical provider may be liable for anesthesia or delivery errors; a property owner may be liable for an unsafe pool under premises liability; a product maker may be liable for defective safety equipment; and an employer's insurer may be involved in a workplace event. A legal professional can identify every responsible party during a free case review.
Deadlines vary by the type of claim. A general personal-injury claim, such as a near-drowning at a negligently maintained pool, is subject to a two-year statute of limitations (Code of Civil Procedure §335.1). Medical-negligence claims generally must be filed within three years of the injury or one year after it was discovered, whichever comes first, with special rules for young children (Code of Civil Procedure §340.5). Claims involving a government entity, such as a county hospital or a city pool, require a written claim within six months (Government Code §911.2). Because these rules are complex, speak with a legal professional as soon as possible.
Meet Our Brain Injury Attorneys
Nationally Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Learn more about the team
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Colin M. Jones, Esq.Senior Partner and Senior Trial Attorney, Chair of the Personal Injury Litigation Department
Jennifer P. Burkes, Esq.Senior Partner & Strategic Advisor, Personal Injury Litigation Department
Mary Lee Caruso, Esq.Senior Partner
Ryan Casey, Esq.Senior Partner and Trial Attorney
Tae-Yoon Kim, Esq.Senior Partner
Philip Andonian, Esq.Partner and Trial Attorney
Alivia E. Abreu, Esq.Partner
Shervin G. Ghanoongooi, Esq.Partner
Christopher Goodroe, Esq.Partner
Nathan A. Guest, Esq.Partner and Trial Attorney
Brian M. Jacobson, Esq.Partner
Ariella Perry, Esq.PartnerRecent wins
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$28.7M
Victorville pedestrian accident settlement: a car struck a child waiting to cross the street, causing catastrophic injuries. Defendants included the driver, a business and three public entities.
$14.5M
Mountain View premises liability settlement: a concertgoer suffered a traumatic brain injury at an event venue. The claim focused on the venue's duty to keep guests safe.
$11.3M
Pomona truck accident settlement: a big rig hit a stopped vehicle on the freeway as a driver checked on it, causing serious head and leg injuries.
$11.0M
California truck accident settlement: a tow truck lost control, crossed three highway lanes and rear-ended a driver, causing a traumatic brain injury and other serious injuries.
$7.1M
San Diego County car accident settlement: a crash with a pickup on a state highway left a driver hospitalized with a traumatic brain injury and other serious injuries.
$5.0M
Hanford motorcycle accident settlement: a pickup turned left in front of a motorcyclist, causing a traumatic brain injury and serious back, neck and hip injuries.
$5.0M
Lake Elsinore car accident settlement: a vehicle occupant suffered a traumatic brain injury, serious neck injuries and arm injuries when a rear-end collision overturned the vehicle.
$4.0M
California car accident settlement: a driver whose light had turned green suffered serious head, neck and back injuries when a commercial pickup ran a red light and broadsided the vehicle.
$2.5M
Sacramento County workplace accident settlement: a loader backed into a parked truck at a recycling yard and knocked a worker off its trailer, causing head and back injuries.
$2.3M
California truck accident settlement: a rear-end crash between two semis left a truck occupant with a traumatic head injury and a neck strain.
$2.3M
Los Banos bus accident settlement: a bus's lifted ramp fell and struck a bystander on the head, causing a traumatic brain injury, migraines, and neck and back pain.
$2.0M
Long Beach car accident settlement: a three-car rear-end collision left an occupant of one vehicle with a traumatic brain injury and several other serious injuries.
$2.0M
Orange County truck accident settlement: a big rig driver crashed while avoiding people from an earlier wreck, suffering a brain injury. Defendants included an individual and a restaurant franchise.
$2.0M
California car accident settlement: a parked commercial vehicle tried to turn around in front of a driver, who struck its side. The driver had serious neck and back injuries.
$1.5M
Porterville pedestrian accident settlement: a vehicle struck a pedestrian, causing catastrophic injuries, including a brain injury and serious leg injuries. Several defendants faced claims.
$990K
Bakersfield truck accident settlement: a big rig rear-ended and side-struck a driver's vehicle at a red light, causing a brain injury and serious neck and other injuries.
$875K
Oakdale slip and fall settlement: a visitor tripped over a misplaced wooden pallet near a grocery store checkout and fell, causing a head injury and other injuries.
$500K
Glendale car accident settlement: a driver rear-ended a motorist stopped at the freeway divider with hazard lights on, causing a traumatic brain injury.
$102K
Riverside motorcycle accident settlement: a truck turning into a shopping center cut off a motorcyclist, who crashed and suffered a traumatic brain injury and other serious injuries.
$101K
Sacramento dog bite settlement: a large dog that escaped its owner's backyard bit a person, causing a traumatic brain injury and other serious head injuries.
*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
How Do I Know If I Have an Anoxic Brain Injury Claim?
You may have a claim if a preventable loss of oxygen — during medical care, a near-drowning, or another emergency — caused lasting brain damage, and someone else's negligence played a role. The key questions are what interrupted the oxygen supply and whether a provider, property owner, or company failed to act reasonably. You do not need medical answers before reaching out; a legal professional can investigate the cause and explain your options during a free case review. California deadlines apply, so contact Wilshire Law Firm today.
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Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.
17#1 Settlements in California, 2022–2024*
TopVerdict #1TopVerdict.com #1 settlements
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#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
2024
#1 Equipment Malfunction Settlement
2024
#1 Car v. Stationary Object Collision Settlement
2024
#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
2023
#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
2023
#1 Bicycle Accident Settlement
2023
#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
2022
#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Brain Injury FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
Not exactly. A traumatic brain injury is caused by an external force, while an anoxic or hypoxic injury is caused by a loss of oxygen. Both are serious brain injuries, and Wilshire Law Firm handles the full range — see our brain injury overview.
Possibly. Oxygen-deprivation injuries during surgery, anesthesia, or childbirth may support a medical-negligence claim. These cases follow special rules and deadlines, so it's important to speak with a legal professional promptly.
Oxygen deprivation during labor and delivery can cause lasting harm. These may be pursued as birth injury claims, and a minor's deadline may differ. A legal professional can review the medical records with you.
Nothing up front. Wilshire Law Firm works on contingency, so there are no fees unless you get paid. Case reviews are free and available 24/7.
Call us 24/7 or request your free case review online. A legal professional will review what happened and explain your options. No fees unless you get paid.