Proficient Brain Injury Attorneys in Oakland, CA
Brain injuries can be the most devastating injuries a person can experience. They are unpredictable and difficult to treat. Differing individuals react differently to trauma to the brain. There is no uniform treatment. You can suffer a serious brain injury with modest repeated blows to the head or a single blow that produces bleeding, axonal stretching, or unconsciousness or swelling of brain tissue. Few brain injuries heal completely and many create chronic conditions that affect individuals across a lifetime.
At Walkup, Melodia, Kelly & Schoenberger, our Oakland TBI brain injury attorneys understand the devastating nature of brain injuries. Over the years, we have represented infants, children, adults, and senior citizens with varying degrees of head injury and brain trauma. We have helped our east bay clients obtain millions of dollars in settlements and verdicts so they can optimize their recoveries and reenter the workforce. We have recovered money for TBI victims to compensate for impaired quality of life and to pay for necessary rehabilitation, therapy, drugs, and surgeries. As the preeminent traumatic brain injury law firm in Northern California, we strive to help each brain-injured client we serve to achieve the best possible quality of life after a preventable injury.
Why Choose Walkup, Melodia, Kelly & Schoenberger for Your Brain Injury Claim?
- For more than six decades, Walkup, Melodia, Kelly & Schoenberger has been helping head trauma victims in Oakland and throughout California recover compensation for their losses.
- We have obtained hundreds of multimillion-dollar settlements and jury verdicts on behalf of our clients.
- We have an extensive network of resources that we can bring to your case, including medical and economic experts who can provide witness testimony to insurance carriers or at trial.
- If you are injured and cannot get to our office, we will come to you. We can meet remotely, by zoom or in person or we can come to your hospital or home.
Brain Injuries in Oakland
Acquired brain injuries can arise from many different activities in Oakland. A display in Jack London Square could fall on someone’s head. The blunt force of a serious car accident could cause internal bleeding. An equipment explosion at the Port of Oakland could shower debris. The location and amount of damage determine the severity of a brain injury. Two people with similar brain injuries and test results may display very different symptoms. We all have the capacity to develop new and evolving neural pathways – meaning every brain injury experience is unique. Brain injury victims experience a range of long-term symptoms including impaired cognition, loss of memory, loss of motor function, changes in personality, and more. Any aspect of personality can deteriorate and change as the result of a brain injury.
Recovery from brain injuries often requires months or years of rehabilitative therapy, re-learning basic skills including, reading, speaking, and managing daily activities.
Our Approach to Brain Injury Claims
We have secured millions of dollars for TBI victims including a $12.2 million jury verdict in an auto-pedestrian accident brain injury claim, an $8.8 million verdict in a T-bone auto accident brain injury claim, a $4 million settlement in a failure to diagnose brain injury claim, and $2.8 million in a negligent surgery brain injury claim.
When drivers, doctors, manufacturers and others cause injury, victims have the right to take action. Our attorneys have the legal skills, the resources, and the years of experience needed to negotiate a fair outcome.
We begin working immediately for our brain injury clients, helping them find adequate medical care, retaining experts, assessing liability and providing compassionate support while you focus on rehabilitation and recovery. The Walkup Oakland TBI team dedicates its working hours to investigating liability, negotiating fair settlement values, and taking meritorious claims to trial if necessary. With our national reputation, insurance companies know us. We bring far more negotiating power to the table than any other local law firm. We will use every resource we have to maximize your financial compensation.
Brain Injury Symptoms – Short- and Long-Term
Those who sustain mild brain injuries are often able to make a full recovery, typically within a few weeks after the injury occurs. However, more severe brain injuries can lead to significant long-term symptoms. Severe brain injuries can lead to the permanence of the symptoms mentioned above, as well as various other long-term problems, such as permanent cognitive disabilities as well significant mobility problems. Some brain injury victims experience partial or complete paralysis, loss of bowel or bladder control, chronic pain, sleep disorders, seizures, and more.
Time Limit to File a Brain Injury Claim
It is very important to file Oakland brain injury claims as soon as possible. In California, the personal injury statute of limitations is two years from the date an injury occurs. If a brain injury victim fails to file a lawsuit against the alleged negligent party within this two-year timeframe, they will likely not be able to recover the compensation they are entitled to. We also want you to file a claim with your insurance carrier within a day or two after the injury occurs. Insurance carrier reporting delays could result in your claim being denied.
Type of Compensation Available for a Brain Injury Case
The attorneys at Walkup, Melodia, Kelly & Schoenberger work diligently to recover both special and general damages on behalf of brain injury clients in Oakland. It is crucial to help victims, and their families recover maximum compensation in these situations.
- Special damages. These are also referred to as economic damages a person experiences after a brain injury occurs. These are calculable losses that can be added up by gathering bills and receipts, and include the following:
- Emergency medical expenses
- Long-term hospital costs
- Surgical expenses
- Physical therapy and rehabilitation
- Medical devices
- Prescription medications
- Lost income
- Various out-of-pocket expenses
- Property damage expenses
- General damages. These are also referred to as non-economic damages a person experiences after a brain injury. These damages are harder to calculate because they may not come with bills or receipts that can be easily gathered and added up. Some of the most common general damages for a brain injury victim include the following:
- Physical pain and suffering
- Emotional and psychological distress
- Loss of quality of life damages
- Loss of consortium for a spouse or family members
The total amount of compensation available for brain injury victims in Oakland will vary depending on factors related to each client’s particular case. Some of the main influences on brain injury settlements or jury verdicts include the severity of the injury, the level of pain and suffering a person endures, whether or not an individual is able to return to work, and more.
Steps to Take After a Brain Injury
After sustaining a brain injury, victims and their family members need to take certain steps in an effort to ensure their well-being and their ability to recover total compensation for their losses. We know that the aftermath of a brain injury can be confusing, and it may not be possible to complete all these steps in this exact order. However, we encourage you to try the following:
- Seek medical care. The number one priority after sustaining a suspected brain injury is medical treatment. There cannot be any delay in seeking medical care after a suspected brain injury. Any delay could lead to irreversible brain damage and lifelong symptoms. Even if initial symptoms do not seem severe, or if they are non-existent, please seek medical treatment after sustaining a bump or blow to the head. Let a medical professional conduct an evaluation and make a diagnosis. Failing to seek medical care right after an injury could lead to any injury claim being denied by insurance carriers.
- Report the incident. It is important to report the incident to appropriate authorities, which will vary depending on how the injury occurred. For example, if a brain injury occurs as a result of a vehicle accident, it is important to make sure the incident is reported to law enforcement officials. If a sports injury occurs at a high school game, the school needs to know about the injury as promptly as possible. Injuries that occur on another person’s property must be reported to the property owner. Reporting a brain injury to an inappropriate authority typically triggers an incident report internally, and this report will be valuable as your claim moves forward.
- Gather evidence. If you are able to do so at the scene of an injury, you should gather as much evidence as possible. Brain injury victims may not be able to do this, but friends and family members may be able to do so. This could include using a cell phone to take pictures of the cause of the injury as well as the entire scene around the incident. If there were any eyewitnesses to the brain injury, their names and contact information should be obtained so they can give statements at a later time.
- Contact an attorney. You need to contact a skilled Oakland brain injury attorney who can handle every aspect of your case. When an attorney gets involved early, they can begin an investigation and continue all communication with other parties on your behalf.
- Continue medical treatment. It is crucial to continue all medical treatment until a doctor says you have reached maximum medical improvement. Failing to do so could lead to an insurance carrier or the at-fault party claiming that your injuries are not as severe as you initially stated.
Contact an Oakland Brain Injury Lawyer Today
If you or somebody you care about has sustained a brain injury caused by the negligent actions of another individual or entity in the Oakland area, reach out to the attorneys at Walkup, Melodia, Kelly & Schoenberger for help as soon as possible. Our team has extensive experience handling complex brain injury claims throughout California, and we want to make sure that you are properly cared for.
A brain injury in Oakland can destroy careers, create financial hardship, and decrease quality of life. Take action against the wrongdoers who changed your or your loved one’s life. Contact us now for a free case evaluation.
