Many of the best and brightest minds in the nation congregate in San Jose and Silicon Valley developing the next generation of technology and pushing the boundaries of artificial intelligence and the digital future. In the aftermath of a significant brain injury, our clients’ intellectual functioning is often severely impaired. Serious auto, truck, and drunk driving accidents, falls, product failures, and industrial calamities can all cause or contribute to a life-altering brain injury.
When careless individuals or corporations cause a brain injury, the injured client’s only source of recovery is usually legal action. Walkup, Melodia, Kelly & Schoenberger have a history of successfully representing technology professionals, engineers, executives, students, homemakers, laboratory workers, and other residents of the greater San Jose area in seeking monetary recovery for brain injuries. The Walkup firm represents clients in all types of brain injury claims victims in San Jose and the South Bay, Fremont, and Monterey.
Why Choose Walkup, Melodia, Kelly & Schoenberger a Your Brain Injury Claim?
- At Walkup, Melodia, Kelly & Schoenberger, our team has been helping injury victims in San Jose and the South Bay for more than 60 years.
- We have consistently returned major settlements and jury verdicts on behalf of our clients, and we have no problem taking a case all the way to trial to ensure that our clients receive maximum compensation.
- We take a comprehensive approach to every case that we handle. This means that we review every document, piece of evidence, and witness testimony in order to ensure that we cover all of our bases.
Understanding Brain Injuries
The brain controls everything. You can live with extensive scarring, you can live without limbs, you can live with sight and hearing impairment. You can’t live without a brain. Brain injuries vary depending on the area impacted and the type of injury. Some minor bruising will usually heal over time, but more serious damage can lead to permanent changes in functioning and personality.
A brain injury consists of both acute symptoms and long-term effects. Acute symptoms may include dizziness, balance problems, insomnia, confusion, slurred speech, and loss of consciousness. Anyone with a suspected brain injury should seek immediate medical attention. Health care professionals can take steps to diagnose injuries, relieve damaging pressure in the skull, and monitor changes within the brain.
Long-term effects include memory and cognition deficits, loss of executive functioning, word finding and speech problems, and reading difficulties. Some clients cannot control emotions or motor functions.
The effects of a brain injury may not manifest right away. For this reason, we urge all of our prospective clients to visit the doctor after any head injury. You may not notice the subtle signs of something seriously wrong.
The Importance of Hiring a Qualified Brain Injury Lawyer
Walkup, Melodia, Kelly & Schoenberger is one of the most reputable personal injury firms in Northern California. We secure the most multi-million dollar settlements and verdicts in the area. Our skilled San Jose brain injury attorneys have access to our on-staff doctor-lawyer who consults on many brain injury cases. We practice at the state and federal level; and, we know how to handle insensitive insurers.
In the past, we have secured the following results among many others:
- A $17 million verdict in a product liability case involving a brain injury
- A $12.2 million verdict in a dangerous roadway case involving a pedestrian brain injury
- An $8.8 million verdict in a car accident case involving a brain injury
- A $6.5 million settlement in a birth injury case involving an HIE (hypoxic-ischemic encephalopathy) brain injury
If you partner with us, we will fight for your right to compensation with conviction and evidence. The outcomes we secure can go a long way toward surgeries, rehabilitation, long-term care, and more. The compensation can help you achieve the best possible quality of life under the circumstances.
Compensation Available for a San Jose Brain Injury Case
Individuals who sustain brain injuries caused by the careless or negligent actions of others will likely be able to recover compensation for their losses. A San Jose brain injury lawyer at Walkup, Melodia, Kelly & Schoenberger will work diligently to recover both economic and non-economic compensation on behalf of their client:
- Economic damages. These are the damages that are relatively easy to calculate after a brain injury occurs. Brain injury victims, their family members, and their attorneys can gather up bills and receipts to adequately calculate:
- All medical bills associated with the injury
- Lost wages
- Household out-of-pocket losses
- Property damage expenses
- Non-economic damages. These are damages that are harder to calculate after a brain injury in San Jose occurs. We say that these are harder to calculate because there are no direct bills or receipts that can calculate a brain injury victim’s:
- Physical pain and suffering
- Emotional and psychological distress
- Loss of consortium for a spouse or their family members
- Loss of quality of life damages
There is no set amount of money available to brain injury victims in San Jose. Rather, the total amount received through an insurance settlement or as a result of a personal injury jury verdict will vary depending on several factors related to the claim. This includes the severity of the injury, how long it takes to recover, whether or not there is a full recovery, the level of documentable pain and suffering, and more.
Time Limit to File a Brain Injury Claim in San Jose
It is critically important for brain injury victims in San Jose to file lawsuits as soon as possible. In California, the personal injury statute of limitations is two years from the date an injury occurs. This means a San Jose brain injury victim must file a lawsuit against the alleged negligent party within two years, or they will likely lose the ability to recover compensation at all. Additionally, if there are any insurance carriers involved in the case, including automotive insurance carriers, it is important to file the claim within a few days after the injury occurs. Insurance carriers will quickly delay or deny the claim if it is not filed on time.
Call Your Brain Injury Lawyers in San Jose Today
In the local vicinity, many brain injury victims attend the Brain Injury Rehabilitation Program at the Santa Clara Valley Medical Center. The center is part of a network of 14 research and treatment facilities that use the federal Traumatic Brain Injury Model System of Care. Daggett Street in San Jose is home to a brain injury nonprofit, Services for Brain Injury (SBI). The nonprofit helps brain injury victims and their families throughout the recovery process.
As you begin the recovery process, remember to contact our office for a free case evaluation.
At Walkup, Melodia, Kelly & Schoenberger, we handle all of our cases on a contingency fee basis. We can help you answer some important questions about moving forward with a claim.