Oakland Personal Injury Attorney
Walkup, Melodia, Kelly & Schoenberger has served the Bay Area, including Oakland, with preeminent personal injury legal services since 1959.
We represent those who suffer avoidable injuries at the hands of others. Our Oakland personal injury lawyers provide unparalleled support in Northern California.
We have delivered more million-dollar verdicts and settlements to clients than any other area firms.
Oakland is sustainability-focused and one of the most diverse communities in the country. We’re proud to offer our services to Oakland clients from all walks of life. Our contingency fee-based schedule allows our clients to focus on healing while we investigate and build indisputable compensation claims. If you partner with us, you won’t owe any attorney fees unless we recover on your behalf.
Why You Need an Oakland Personal Injury Lawyer
Clients in the area come to us for a range of personal injury matters including public transportation incidents, vehicle accidents, and product liability claims. We specialize in handling cases involving severe and catastrophic injuries including brain injuries, spinal cord injuries, and amputations. Whether manufacturing equipment malfunctions or a distracted driver crashes into you on I-80, our Oakland personal injury attorneys offer the legal expertise, resources, and decades of experience needed to protect your right to recovery.
California uses a fault-based system to assess most personal injury claims. Under the pure comparative negligence rule, the state reserves the right to lower compensation based on an injured individual’s percentage of fault. In other words, if two drivers contribute to a car accident, neither may recover 100% of a settlement or verdict. Many defendants who know they are in the wrong will use a fault-based argument to try to reduce their total payouts.
Injury victims in Oakland need personal injury lawyers who understand state and federal laws, and can prove liability based on a preponderance of the evidence. The injury attorneys at Walkup, Melodia, Kelly & Schoenberger have successfully resolved innumerable claims through negotiations and in court. We have the negotiating power you need to obtain fair compensation for your losses.
Our past personal results have included a $17 million verdict in a brain injury product liability claim, a $52 million verdict in a wrongful death and personal injury claim involving a propane explosion, as well as a $12.2 million verdict in a brain injury pedestrian accident claim. While we cannot promise a certain outcome for any case, we do use the same attention to detail in every case we pursue.
Types of Personal Injury Claims in Oakland, CA
Car accidents are among the most common personal injury claims. While car accidents happen so frequently they seem like just another fact of life, almost all accidents occur because someone was negligent taking reasonable precautions to ensure the safety of others on the road. Car accidents result in injuries ranging from minor scrapes and bruises to severe head trauma, paralysis, and even death.
Slip and Fall Injuries
Nationwide, over 1 million people visit the emergency room annually for injuries resulting from a slip and fall accident. Falling down is no laughing matter and causes a wide range of injuries including sprains, fractured bones, head injuries, and brain trauma. When a slip and fall accident was the result of a property owner’s negligence in providing for the safety of those allowed on the premises, you are entitled to seek compensation for your injury.
You place a great deal of trust in the healthcare professionals who treat your illnesses and injuries. Those professionals have a duty of care to ensure that they provide the best treatment possible for their patients consistent with what can be expected from any doctor with their training and expertise. When a doctor is negligent in your care in a way that results in your injury, you may pursue a medical malpractice personal injury claim.
Tragically, in many cases someone’s negligence does not merely result in an injury, but in the death of a loved one. If someone in your family is killed through the negligence of others, you may pursue a wrongful death claim.
Other Personal Injury Claims
Other types of personal injury claims include bicycle accidents, pedestrian accidents, nursing home abuse, product liability, and many more. If you are injured due to the negligence of someone else, you may be entitled to seek compensation through a personal injury claim.
The Personal Injury Lawsuit Process
The lawsuit process begins with your injury. The events that caused your injury form the basis for the lawsuit that may follow. From there, your medical treatment and time missed from work will be a significant part of the compensation you will seek. When you engage an attorney, they will go to work collecting the evidence of your case and will file a claim with the appropriate court, notifying the defendants that a suit is in process.
At this point both your attorney and the defendant’s attorney will collect evidence and witness information and share the results with the opposing attorney. They may take depositions of key witnesses or secure expert testimony in the case.
As the merits of the case become clear, either side may push for a settlement of the case before going to trial. This benefits the injury victim in that they can be assured of an amount of compensation and can speed up the process of receiving the compensation they are due. The defendant benefits by negotiating a lesser settlement than they may have to pay if they lose in court.
Should the two sides be unable to reach a settlement, the case will go to trial. Depending on the case, there may be a jury selected, or the case may be heard by the judge alone. Once both sides have presented the evidence, the court will render a verdict. It’s imperative victims spend time interviewing Oakland personal injury lawyers and select a law firm they fell comfortable with.
How Do Attorney Fees Work?
At Walkup, Melodia, Kelly & Schoenberger, our Oakland personal injury attorneys do not charge any money up front. They work on a contingency fee basis. This means that you do not owe the attorney anything unless they win a settlement or a verdict on your behalf. From the compensation you win, the attorney will take a percentage which is agreed upon before they begin working on your case.
Why Contact Our Attorneys Today?
After a serious injury, life can seem to spin out of control. It may keep you out of work, prevent you from following a certain career path, leave you in financial hardship, and alter relationships with loved ones. If someone else either maliciously or carelessly caused this chain of events, you have the right to compensation under California law.
Memories fade, evidence disappears, and insurers start building cases in the days and weeks after incidents. Your ability to hold the wrongdoer accountable will diminish over time. A case evaluation costs nothing and can help you decide if pursuing a legal claim with our firm makes sense. Our attorneys are compassionate. They know some of the best doctors and expert witnesses in the area. We even have a doctor-lawyer on our staff, who frequently consults on personal injury claims.
After a car accident, Port equipment defect accident, or any other incident that causes a serious injury, remember the team at Walkup, Melodia, Kelly & Schoenberger. Get in touch today to learn more about how we can help you recover.