Chronic traumatic encephalopathy (CTE) is a progressive, degenerative brain disease caused by repeated blows to the head or repeated concussions. Over time, these impacts can cause a buildup of tau protein, which slowly kills brain cells and leads to serious cognitive, emotional, and physical impairments.
At Ernst Law Group, we represent clients suffering from the long-term consequences of traumatic brain injuries (TBIs). One of the most serious and often misunderstood of these consequences is chronic traumatic encephalopathy, better known as CTE. But what is CTE in terms of a brain injury—and what can California victims and their families do if a preventable brain injury leads to this devastating condition?
In this guide, our San Luis Obispo brain injury lawyers explore what CTE is, how it develops, how it’s diagnosed, and how California law may provide a path to justice for those affected.
What are the main causes of CTE?
The primary cause of CTE is repetitive head trauma, not necessarily a single, severe blow. These injuries can be:
- Concussions (even mild or undiagnosed)
- Subconcussive hits (blows that don’t cause symptoms but still injure the brain)
- Whiplash-related injuries where the brain is jarred without direct impact
Unlike other TBIs, you don’t need to lose consciousness to develop CTE. Even repeated jarring impacts from contact sports or vehicle collisions can be enough.
CTE is most commonly associated with:
- Contact sports (e.g., football, boxing, hockey)
- Military veterans exposed to blast injuries
- Survivors of domestic violence or frequent falls
- Workers in high-risk jobs like construction or law enforcement
CTE doesn’t usually show symptoms right away. It can take years or even decades after the initial brain trauma for signs of the condition to appear.
How does CTE differ from other brain injuries?
Unlike acute brain injuries like concussions or skull fractures—which are immediately detectable through imaging or symptoms—CTE develops over time. It is often undiagnosable until after death, when neuropathologists examine brain tissue during autopsy.
However, in life, symptoms of CTE may include:
- Memory loss
- Difficulty concentrating
- Impulsive behavior or aggression
- Depression or suicidal thoughts
- Mood swings or emotional instability
- Cognitive decline resembling dementia
These symptoms can severely impact a person’s quality of life, strain relationships, and lead to long-term disability.
Can you sue for CTE in California?
Yes—if your CTE or a loved one’s CTE was caused by someone else’s negligence, you may have grounds for a personal injury or wrongful death lawsuit. CTE lawsuits are complex and often involve:
- Sports organizations (e.g., schools, leagues, professional teams)
- Employers who failed to provide adequate safety gear or training
- Product manufacturers (e.g., faulty helmets or safety equipment)
- Caregivers or institutions who ignored signs of abuse or failed to intervene
To prevail, your legal team must establish a causal link between the repeated brain trauma and your resulting condition—and prove that a person or organization failed in their legal duty to prevent it.
California law and brain injury claims
Under California Civil Code § 1714, everyone is responsible for injuries caused by their lack of ordinary care. If a school, employer, or organization failed to provide a safe environment or ignored risks of repetitive brain trauma, they may be found negligent.
Victims of CTE may be entitled to damages for:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Loss of consortium (for family members)
- Punitive damages (in cases of gross negligence)
In wrongful death cases, surviving family members may file suit under California Code of Civil Procedure § 377.60, which allows compensation for lost financial support, funeral costs, and emotional loss.
Have you suffered a brain injury that wasn’t your fault? We can help.
If someone else’s negligence contributed to your injury, Ernst Law Group can help you pursue justice under California law.
Contact us online or at (805) 541-0300 for a free, confidential consultation. Let us help you get the answers—and compensation—you deserve.
