Skilled Catastrophic Brain Injury Lawyers Serving Clients in San Francisco, CA
CLICK HERE to read a recent article by Michael A. Kelly “Arguing Damages in TBI Cases”
Traumatic brain injuries are often permanent and always life-changing. From cognitive problems or personality changes to financial hardships and emotional stress, a brain injury takes a toll on the victim and the whole family. The person may require ongoing medical care, assistance with daily living, occupational therapy and other services, while coping with depression or altered self-esteem. Choose a San Francisco brain injury lawyer who has a national reputation in TBI cases reflected in several multimillion-dollar recoveries for clients.
Walkup, Melodia, Kelly & Schoenberger has advocated for victims of catastrophic injuries since 1959. We are motivated by the knowledge that our verdicts and settlements help clients cover a lifetime of special needs and improve their quality of life.
Our San Francisco personal injury lawyers can explore your claims if a loved one suffered a traumatic brain injury. We take cases in the Bay Area, Northern California and beyond.
What Caused Your Loved One’s Brain Injury?
Brain injuries occur in many ways, including direct head trauma, indirect force such as whiplash, oxygen deprivation, electric shock or inhaling chemical vapors. Sometimes the cause and the culprit are obvious, but other times it is not clear how the injury occurred or who is liable.
The skilled brain injury lawyers of Walkup Melodia understand the medical aspects of these catastrophic injuries and how to make the legal connection to the wrongdoing or dangerous condition. We can address brain injuries arising from:
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We do not hesitate to take on manufacturers, major corporations, property owners or public entities. We consider the medical, physical, economic and psychological impacts of TBI in pursuing full and fair compensation for our clients. For immediate help, call our offices today to schedule a free, no-obligation consultation directly with a San Francisco brain injury lawyer.
San Francisco Attorneys Who Understand Brain Injuries
It is important for a brain injury to be promptly diagnosed and properly treated. Returning to work or resuming normal activities can be dangerous or cause further damage to the brain. Brain trauma from a closed head injury often goes unnoticed at first, especially if the person has burns, broken bones or other acute injuries.
A person who is dazed after an accident or was “knocked out” (even briefly), or who shows any symptoms of brain injury, should be taken to a doctor immediately. Noticeable indications of brain injury include headaches, blurred vision, seizures, vertigo, impaired speech, or problems with balance or walking. Other symptoms may be more subtle or surface later, such as cognitive deficits, memory loss, inability to concentrate, mood swings, outbursts and personality changes.
Our San Francisco brain injury lawyer at Walkup Melodia works with neurologists, neuropsychologists, neurosurgeons and other medical professionals to make sure clients are fully evaluated, properly treated and adequately compensated.
Any Brain Injury Is A Serious Injury
We have experience with the full spectrum of (TBI), including concussions, post-concussion syndrome and so-called “mild” traumatic brain injury. We have also handled cases of severe brain trauma in which our client was left unconscious in a comatose or persistent vegetative state.
Brain injury victims commonly require some form of assistance and monitoring. Every case and every person is different. Some people recover fully or almost fully. Those individuals may benefit from intensive treatment and rehabilitation to regain cognitive function or adapt to the permanent effects of a brain injury. Other people survive a severe head injury but later suffer strokes or seizures, or emerge from a coma with profound brain damage. Those clients may require 24-hour nursing care or assisted living services for the rest of their lives.
Caring for a person with a brain injury is stressful and expensive. We combine forces with neurological specialists, family doctors, registered nurses, life care planners, economists, vocational rehabilitation experts, and other professionals to gauge the needs. We also work with financial specialists to structure settlements or special needs trusts to ensure that the money will cover years or a lifetime of care.
Brain Injuries and Comas
The severity of a coma depends on the severity of the underlying injury, the cause of the injury and the location of the injury. While comas rarely last more than two to four weeks, that does not mean that all comatose patients emerge from their coma in that time period.
Sadly, some patients will slip into a persistent vegetative state. In such a condition, the patient has lost his or her thinking abilities and awareness of his or her surroundings.
In a persistent vegetative state, individuals need continual care to avoid pneumonia, urinary tract infections, bladder stones, skin breakdown and systemic infections that can be deadly to a person in a persistent vegetative state. Caretakers are also needed to provide physical therapy, which can help prevent “contractures,” or permanent muscle contractions.
When a person does recover from a coma or a persistent vegetative state, he or she may emerge with permanent physical, intellectual and psychological problems.
Walkup, Melodia, Kelly & Schoenberger’s catastrophic brain injury attorneys have represented many clients (and their families) when a negligently caused injury caused a persistent vegetative state. Such clients need specialized, expensive 24 hour-a-day assistance and life care.
Our injury attorneys are skilled in working with professionals, registered nurses, life care planners, economists, and vocational rehabilitation experts, as well as structured settlement professionals and special needs trust lawyers to provide for the best possible settlement or resolution from a tax planning and government benefit compatibility perspective.
If you or a loved one is responsible for the care of someone in a persistent vegetative state caused by negligence, a product defect or an accident, call our San Francisco Brain Injury Lawyer at (415) 981-7210.
Examples Of Successful Representation in Brain Injury Cases
Failure To Treat Stroke — $33.1 Million Jury Verdict
Brain Injury/Birth Injury — $23.2 Million Jury Verdict
Brain Injury — Bicycle Vs. Automobile — $17 Million Verdict
Pedestrian Brain Injury (Dangerous Intersection) — $12.2 Million Jury Verdict
Brain Damage (Head-On Auto Collision) — $8.7 Million Jury Verdict
Brain Injury/Anoxic Encephalopathy — $5 Million Present Value Settlement
Hypoxic Ischemic Brain Damage — $5 Million Structured Settlement
Brain Injury (Car Vs. Pedestrian Accident) — $4 Million Settlement
Brain Damage (Machine Failure) — $4 Million Brain Damage Settlement
Brain Damage (Failure To Diagnose Cardiomyopathy) — $4 Million Settlement
Brain Damage — $3.65 Million Settlement
Helping Victims And Families Move Forward
We work to ensure that clients have access to the best neurological specialists and comprehensive services to regain function as fully as possible and live as normal a life as possible. We also document the extent of medical recovery (or lack thereof) in pursuing damages for lost earning capacity and diminished quality of life.
A brain injury affects the whole family. In many ways, it can be similar to having a loved one die. We have obtained damages on behalf of spouses and partners for loss of consortium, spousal intimacy and household services of their brain-injured mate, as well as counseling services, to cope with depression or the burdens of caring for a disabled loved one.
Frequently Asked Questions on Brain Injuries
What exactly is a brain injury, and when should I contact a San Francisco brain injury lawyer?
A brain injury occurs when trauma, force, or a lack of oxygen disrupts the brain’s normal function. Some injuries are obvious from the start. Many develop quietly, with symptoms like headaches, confusion, memory problems, difficulty focusing, or feeling “off” in a way you cannot quite describe. Any change in how your brain is working — whether sudden or gradual — should be taken seriously.
Brain injuries range from concussions to severe traumatic brain injuries, and each can cause lasting harm. Common causes include motor vehicle collisions, pedestrian and bicycle crashes, falls from unsafe property, construction accidents, and assaults. They also happen in medical settings — a missed stroke, an untreated infection, or surgical complications that reduce oxygen flow to the brain.
If someone else’s negligence caused the injury, contact a lawyer as soon as possible. The early days matter. Surveillance video is overwritten. Witnesses forget details. The medical records from the first evaluation often carry enormous weight in determining the nature and severity of the trauma.
A lawyer experienced in brain injury cases can help you understand what happened, what your symptoms mean, and what steps to take next. At Walkup, we work with neurologists, neuropsychologists, and rehabilitation specialists to evaluate your condition. These medical experts help document how the injury affects your thinking, memory, mood, and ability to function.
A brain injury often affects far more than your health. It can impact your work, relationships, independence, and emotional well-being. Many people find themselves unable to return to their previous routines. Some struggle with irritability, anxiety, sleep problems, or depression. These changes are symptoms of a real injury that deserves proper care.
When you contact our firm, we identify the cause of the injury, gather evidence, review your medical records, and protect your legal rights from the beginning. Our role is to give you clarity about what happened and help you plan for the future. If negligence played a role, we will help you pursue compensation for medical care, lost income, and the long-term support you may need.
You do not need to navigate this alone. If you are experiencing symptoms of a brain injury, speaking with a lawyer early can protect your health, your rights, and your future.
What are the common causes of brain injuries in San Francisco (car accidents, slips, falls, etc.)?
Traumatic brain injuries can result from motor vehicle crashes, pedestrian or bicycle collisions, construction or workplace accidents, falls, assaults, or defective products. In San Francisco, many cases involve distracted drivers, unsafe property conditions, or negligent contractors. Brain injuries can also occur from lack of oxygen during surgery or medical procedures. Each cause presents unique legal challenges, especially when multiple parties may share fault. Our firm’s investigative team works with medical and technical experts to reconstruct what happened, identify every responsible entity, and pursue full compensation. Understanding how the injury occurred is critical to achieving justice and funding long-term care for victims and their families.
What kinds of compensation can I recover in a brain injury claim in San Francisco?
A brain injury affects every part of your life, from your health, work, and independence to your relationships. When the injury is caused by negligence, you deserve compensation that fully reflects both the immediate impact and the long-term consequences. Understanding what you may recover can help you plan and secure the support you need.
Compensation is divided into two main categories: economic damages and non-economic damages. Economic damages cover the financial costs of the injury. These include emergency care, hospitalization, diagnostic imaging, surgeries, medications, physical therapy, cognitive rehabilitation, and follow-up treatment. A brain injury often requires care from neurologists, neuropsychologists, and rehabilitation specialists. These services are essential but costly.
For individuals with moderate or severe brain injuries, long-term care may be needed. This can include in-home assistance, mobility aids, memory support devices, home modifications, occupational therapy, and ongoing psychological care. Future medical costs can be significant, especially when symptoms affect your ability to live independently. Life-care planners help assess these needs so that we can present a complete projection of your future costs.
Economic damages also include lost wages and reduced earning capacity. A brain injury often affects the ability to work, whether temporarily or permanently. Some people cannot return to the same job. Others must reduce their workload or change careers entirely. Compensation should reflect not only the wages you have lost, but also the income you will lose in the future because of the injury.
Non-economic damages address the personal impact of the trauma. A brain injury can change how you think, feel, and interact with others. You may experience chronic headaches, memory loss, mood swings, irritability, sleep disturbances, anxiety, or depression. These symptoms affect your friendships, family life, and sense of self. Compensation for non-economic damages reflects pain, emotional suffering, and the loss of enjoyment of life.
In some cases, additional damages may be available when the injury was caused by reckless or dangerous conduct, such as drunk or distracted driving, unsafe workplace practices, or negligent security.
At Walkup, we work with medical and financial experts to document the full impact of your brain injury. This includes medical evaluations, neuropsychological testing, vocational assessments, and long-term care planning. Our goal is to present a clear, complete picture of how the injury has affected your life and what resources you will need going forward.
A brain injury can create challenges that last long after the initial event. You should not bear the financial or personal burden alone when someone else is responsible. We are here to help you pursue the compensation necessary to protect your health, stability, and future.
How long do I have to file a brain injury claim in California and are there any special deadlines in San Francisco?
Under California Code of Civil Procedure §335.1, most personal injury claims, including those involving brain injuries, must be filed within two years from the date of injury. If a public entity is involved, such as a city-owned vehicle or public transit agency, you must first file a government claim within six months. Because deadlines vary depending on circumstances, early consultation with an attorney is essential. Our team ensures all filing requirements are met, evidence preserved, and claims positioned for success. Missing these deadlines can bar recovery entirely, so we move quickly to protect your rights and secure the compensation you deserve.
How do I know if the other party is at fault for my brain injury (what must I prove)?
To hold another party liable for your pain, you must show that their negligence directly caused your injury. This means proving duty, breach, causation, and damages. Evidence can include accident reports, surveillance footage, expert reconstruction, or testimony from medical professionals. For example, a driver who runs a red light or a property owner who fails to repair a hazard can be found at fault. Our attorneys gather and analyze every piece of evidence to establish negligence and connect it to the brain injury. We focus on building strong, clear cases that leave no doubt about responsibility and the harm caused.
Do I need a lawyer who specializes in brain injury cases (versus a general personal injury attorney) in the Bay Area?
Brain injury cases are not like typical injury claims. They involve complex medical issues, specialized testing, subtle symptoms, and long-term consequences that must be understood and explained clearly. For this reason, choosing a lawyer with experience in brain injury cases is important.
Brain injuries affect people differently. Some injuries cause obvious symptoms — loss of consciousness, memory gaps, or confusion. Others create gradual changes in mood, concentration, balance, or sleep. These symptoms can be difficult to diagnose without specialized medical evaluation. A lawyer unfamiliar with brain injuries may not recognize the early signs or understand what evidence is needed to prove the full extent of your harm.
Brain injury cases require collaboration with neurologists, neuropsychologists, radiologists, and rehabilitation specialists. These experts evaluate cognitive function, memory, processing speed, emotional changes, and the ability to return to work. Their opinions are essential to explaining the injury’s impact on your life. A specialized lawyer knows which experts to consult and how to support their findings with medical records, imaging, and testing.
Insurance companies often try to minimize brain injury claims. They may argue that symptoms are temporary, unrelated, or exaggerated. They may claim that your memory issues, mood changes, or difficulty concentrating are unrelated to the accident. Countering these arguments requires careful documentation and a lawyer who understands how brain injuries appear on CT scans, MRIs, and in neuropsychological evaluations.
At Walkup, our attorneys have decades of experience representing people with traumatic and acquired brain injuries. We know how these injuries occur, how they progress, and how they affect daily life. We build each case with detailed medical evidence, expert analysis, and a clear explanation of the long-term consequences.
Brain injury cases also require strong advocacy. Defendants often push back aggressively because these claims involve substantial damages and long-term support needs. We prepare each case from the beginning as if it will go to trial. This approach strengthens your position in settlement and protects you if litigation is necessary.
Choosing a lawyer is a personal decision, and you deserve someone who understands the seriousness of your injury and who has the experience to protect your future. A specialized brain injury lawyer helps you navigate the legal and medical aspects of your case, explains your rights, and fights for the resources you need for long-term stability and care. You do not have to face this alone. We are here to guide you each step of the way.
What does the legal process for a brain injury claim look like in San Francisco?
A brain injury claim begins with investigation and medical evaluation. Our attorneys obtain medical records, witness statements, and expert opinions to establish liability and damages. Once evidence is compiled, we file the claim and begin negotiations with insurance carriers. If the defense refuses to settle fairly, we prepare for trial. The process may take months or years depending on recovery and case complexity. Throughout, our team keeps clients informed and supported, ensuring they understand every stage. Our trial preparation and track record often lead to fair settlements, but we are always ready to present the case before a jury when necessary.
Will my brain injury case likely go to trial, and how long does it take?
Brain injury cases often settle when the evidence clearly shows who was at fault, but some claims must go to trial to achieve a full and fair recovery. The timeline depends on the severity of your injuries, the experts involved, and how hard the defense fights the claim. Most cases take one to three years to resolve. From the start, we prepare your case as though it will be tried in court. This level of preparation strengthens settlement negotiations and protects you if a trial becomes necessary. Our long record of results in brain injury cases often leads insurers to negotiate seriously because they know we are ready and able to try the case when required.
What should I do immediately after suffering a head or brain injury to protect my legal rights?
Your health comes first. Seek medical care right away and request imaging studies such as a CT or MRI so the injury is properly documented. Symptoms like confusion, dizziness, nausea, memory problems, or vision changes should always be evaluated. Follow all treatment recommendations and keep a record of your symptoms as they develop.
Next, avoid speaking with insurance companies until you have legal guidance. Early statements can be used against you or minimize your claim. Preserve any evidence you can, including photos of the scene, damaged property, or written accounts of what happened. If witnesses were present, gather their contact information.
Once you stabilize medically, contact a lawyer experienced in brain injury cases. We can begin investigating immediately, securing records, and consulting specialists who understand the progression of brain trauma. Early action strengthens your case, preserves key evidence, and protects your ability to pursue full compensation for your injuries.
What if the brain injury happened to a loved one and they cannot speak for themselves — can a claim still be filed?
Yes. When a brain injury leaves your loved one unable to communicate or make decisions, families face immense pressure and uncertainty. You may feel unprepared to act on their behalf, yet you know that important decisions must be made quickly. California law gives families the ability to protect injured loved ones and pursue justice when negligence played a role.
If your loved one cannot speak or advocate for themselves, a legal representative may bring a claim on their behalf. This is often a spouse, parent, adult child, or court-appointed conservator. If no one has legal authority yet, our team can help you secure it through the appropriate legal process. Once appointed, you can access medical records, authorize treatment, and pursue a claim to recover compensation for your loved one’s injuries.
A brain injury caused by negligence can dramatically reshape a person’s life. Compensation may include medical bills, rehabilitation costs, long-term care expenses, lost income, and resources for future support. Many individuals with severe brain injuries require in-home assistance, mobility aids, home modifications, or placement in specialized care facilities. Accurately presenting these needs requires experts in neurology, rehabilitation, and life-care planning.
Understanding how the injury occurred is essential. When the injured person cannot explain what happened, other sources of evidence become critical. These may include accident reports, witness statements, surveillance or body-cam footage, medical documentation, imaging studies, and safety-related evidence. Our firm moves quickly to preserve and analyze this information to determine who is responsible.
Families often carry tremendous emotional and financial burdens during this time. You may be managing medical decisions, arranging care, and coping with the shock of seeing your loved one in such a vulnerable state. We work to relieve you of the legal burden so that you can focus on your family. We handle communication with insurers, gather evidence, consult experts, and build the case step by step.
A legal claim cannot undo what happened, but it can provide stability, accountability, and a path forward. Compensation helps cover medical care, therapy, and long-term support. It also ensures that your loved one’s needs are met as they navigate recovery or long-term disability.
At Walkup, we understand the weight of what you are carrying. Our team approaches these cases with compassion and determination. You are not expected to navigate this alone. We are here to help you protect your loved one’s rights and pursue the justice they are entitled to.
Comprehensive Compensation From Our San Francisco Brain Injury Lawyer
The San Francisco personal injury lawyers at Walkup, Melodia, Kelly & Schoenberger have the financial resources, experience, medical knowledge, and courtroom track record to obtain full compensation for a brain injury. We invest in expert witnesses as needed and we are prepared to file suit and follow through all the way to trial if necessary.
To arrange a free consultation to discuss your case, call us today at (415) 981-7210 or contact the Walkup Firm online. We can arrange to meet with injured people and their families in our office, at your home or in your hospital room.




