Experienced Brain Injury Attorneys Representing Clients in San Mateo, CA
The brain is the body’s control center, and a brain injury can have devastating effects. Depending on the type and severity of the injury, brain injury victims face serious medical complications and extensive recoveries. Anyone who suffers a brain injury in San Mateo due to the negligence of another person or entity needs to know the options for legal recourse by calling our San Mateo Brain Injury Lawyer. Many brain injury victims are unresponsive or otherwise unable to represent their own interests in legal battles, so filing an injury lawsuit may be the responsibility of loved one such as a spouse or adult child.
Why Choose Walkup, Melodia, Kelly & Schoenberger for This Claim?
- For more than 60 years, Walkup, Melodia, Kelly & Schoenberger has proudly represented personal injury clients throughout San Mateo County and Northern California.
- We have the financial resources necessary to handle every aspect of your brain injury claim, from the initial filing through to a trial.
- We have a 50 year track record of success. Our team has returned significant multimillion-dollar settlements and jury verdicts on behalf of clients in San Mateo County.
- Our approach to these cases is comprehensive. We review all evidence, documents, and circumstances surrounding your case and work with a San Mateo Brain Injury Lawyer in medicine engineering and economics who can help bolster the total amount of compensation you receive.
How Will an Attorney Help a Brain Injury Case in San Mateo?
It is crucial to work with a skilled brain injury lawyer as soon as possible so that your case has the best chance of success. A brain injury attorney in San Mateo will step in and handle every aspect of your claim. This will include:
- Conducting a complete investigation into the incident to gather the evidence needed to prove liability.
- Working with the right experts
- Engaging in communication with other parties involved on your behalf.
- Vigorously negotiating with aggressive insurance carriers to achieve the best possible settlement.
Fully preparing your claim for trial if necessary to ensure you are treated fairly.
Types of Brain Injuries
An “acquired brain injury” refers to any injury to the brain occurring after birth that is not the result of a degenerative medical condition or disease. Acquired brain injuries can happen from traumatic damage to the head, chemical exposure, oxygen deprivation, and other influences. A traumatic brain injury (TBI) is any brain injury resulting from a forceful blow to the head, such as a car accident, gunshot, stabbing wound, or blunt force trauma. Some of the types of brain injuries include:
- Penetrating brain injury. Whenever a foreign object such as a bullet, blade, or piece of debris enters the brain, it is a penetrating injury. These are serious wounds that require immediate and extensive medical attention. Many people who suffer penetrating brain injuries face multiple issues including infections, bleeding in and on the brain, and more.
- Concussions. The brain sits inside the skull suspended in fluids that protect it from colliding with the inside surfaces of the skull. A concussion happens when an external force causes the brain to move violently and strike the inside of the skull. Concussions are very common among athletes who play contact sports such as football and ice hockey.
- Oxygen deprivation. The brain needs oxygen to function, and cutting off oxygen flow to the brain for even a short time can cause permanent brain damage. If oxygen flow to the brain stops for four to six minutes, death is very likely.
- Degenerative brain injuries. Some illnesses and even old age cause the brain to deteriorate over time. Dementia is classified as an acquired brain injury through natural causes.
- Bleeding on the brain. Many brain injuries and head wounds cause bleeding on the outside or even within the brain. Without immediate medical intervention, these wounds can easily be fatal.
This is not an exhaustive list, and many brain injury victims experience more than one of these conditions at once. While some brain injury victims make complete or near-complete recoveries, it is more likely for them to incur long-term or permanent damage and disability.
Steps to Take After a San Mateo Brain Injury
There are various steps that brain injury victims can take right after an injury occurs and in the days and weeks that follow in order to recover maximum compensation for their losses.
Medical treatment. It is crucial for brain injury victims to seek medical treatment as soon as possible. Brain injury signs and symptoms may not appear right away, but a doctor needs to conduct an evaluation and make a potential diagnosis. By seeking immediate medical care after a suspected brain injury, you will be linking the injury to the incident, which will matter when it comes to insurance carriers and during a personal injury trial.
- Reporting the injury. For a vehicle accident that results in a brain injury, this includes making sure law enforcement is notified about the incident so they can conduct an investigation and fill out an accident report. Incidents that occur on other peoples property need to be reported to the property owner so an incident report can be completed.
- Gathering evidence. In some cases, it may be possible to gather evidence at the scene of the incident. This can include using a phone or another type of camera to take pictures of the causes of the injury. This also includes getting the names and contact information of any eyewitnesses so they can give statements at a later date or testify at a personal injury trial.
- Contacting an attorney. A skilled San Mateo Brain Injury Lawyer can get involved very quickly and conduct an independent investigation into the incident. They will gather the evidence needed to prove liability and handle all communication with other parties, including negotiations with insurance carriers and at-fault parties.
Time Limit to File a Brain Injury Claim
It is very important that you file your brain injury claim in San Mateo as soon as possible. In California, the personal injury statute of limitations is two years from the date an injury occurs. Failing to file a lawsuit within this two-year timeframe will likely result in the brain injury victim becoming unable to recover the compensation they are entitled to for their losses.
Does Partial Liability Affect a Brain Injury Case?
It is possible for partial liability to affect a brain injury claim in San Mateo. In California, this state operates under a “pure comparative negligence” system. This means that a person can recover compensation even if they are partially at fault (up to 99% at-fault) for an incident, though the total compensation they receive will be reduced based on their percentage of fault
Insurance carriers and at-fault parties often try to place some or all the blame for an injury on the victim. They do this in an effort to avoid paying compensation. When a brain injury victim works with a skilled attorney, they will have an advocate who can push back against these accusations of fault.
What Can Family Members do to Help?
Family members of brain injury victims in San Mateo will often play a major role, not only as the case proceeds, but as a person recovers. The reality is that brain injury victims need to focus on recovering from their injuries so they can get back as much of their life as possible. Family members can help liaise with medical professionals and attorneys as the case proceeds. In fact, depending on the level of disability caused by the brain injury, it may be up to family members to act on behalf of the brain injury victim when it comes to filing these claims in the first place. Call our San Mateo Brain Injury Lawyer for help.
Damages in San Mateo Brain Injury Cases
Given the extensive damage a brain injury can cause, the compensation in brain injury lawsuits typically reflect this severity. A brain injury can lead to sensory processing difficulties, cognitive impairment, speech and language problems, memory loss, headaches, nausea, dizziness, mood disorders, loss of motor function control, and a host of other possibilities. Plaintiffs in brain injury cases can sue for their medical expenses, property damage, lost income, and the pain and suffering experienced as a result of the brain injury.
At Walkup, Melodia, Kelly & Schoenberger, our San Mateo brain injury lawyer works diligently to recover maximum compensation on behalf of our clients. This includes both economic and non-economic losses:
- Economic damages. This refers to the types of losses that can be calculated by gathering bills or receipts a person receives after an injury occurs. This can include medical bills, proof of out-of-pocket losses, tax returns, pay stubs, and more. The most common economic damages after a brain injury include the following:
- Medical expenses
- Lost income
- Out-of-pocket costs
- Property damage expenses
- Non-economic damages. These types of losses are harder to calculate because they do not necessarily come with receipts or bills that can be added up and presented to an insurance carrier or a jury.
- Emotional and psychological pain and suffering
- Physical pain and suffering
- Loss of quality of life damages
Contact a San Mateo 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 San Mateo area, reach out to the attorneys at Walkup, Melodia, Kelly & Schoenberger for help as soon as possible.
Our team at Walkup, Melodia, Kelly & Schoenberger has the resources and experience to handle even the most complex brain injury cases. We understand how devastating these injuries are for the victims and their families, and we put the full range of our resources at every client’s disposal. We operate on a contingency fee basis, meaning our clients only pay legal fees if they win. Reach out to our team and schedule a free case evaluation in San Mateo for your brain injury case.