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Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
The Schenk Law Firm is committed to providing compassionate and comprehensive legal support for individuals who have sustained brain injuries due to the negligence of others. Brain injuries can lead to long-term health challenges, emotional distress, and significant financial burdens for both victims and their families. Our experienced legal team is here to work with the complexities of your case and ensure that you receive the justice and compensation to which you are entitled.
Extensive Experience: Our attorneys have a wealth of experience in representing brain-injured victims, successfully helping clients who have suffered from traumatic brain injuries (TBIs). Schenk Law has decades of experience representing brain-injured victims both in trial and through settlements, from former NFL players to those injured in car accidents and on-the-job injuries. We understand the intricacies involved in these cases and are well equipped to handle even the most challenging legal battles, ensuring our clients achieve favorable outcomes.
Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence, including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
Relentless Advocacy: We are unwavering in our commitment to securing justice for our clients. Brain injury cases often have life-altering consequences, and we are relentless in our pursuit of obtaining the maximum compensation available. We prioritize your recovery and future well-being, fighting tirelessly to protect your rights and interests and secure the resources you need to recover for your losses.
No Upfront Fees: We recognize that the aftermath of a brain injury can be financially draining. Financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.
Brain injuries can occur due to a variety of circumstances, often as a result of someone else’s negligence or reckless behavior. Understanding the common causes of brain injuries is crucial to determine liability and secure compensation. These causes include:
Car Collisions: Car collisions are one of the leading causes of traumatic brain injuries (TBIs). The sudden impact from a collision can cause the brain to move violently within the skull, leading to injuries such as concussions, contusions, or even more severe brain damage. Whether the collision involves a car, motorcycle, bicycle, or truck, the force of the impact can result in significant trauma to the head.
Slip and Fall Incidents: Slip and fall incidents, especially those that occur on hard surfaces or from significant heights, can cause serious brain injuries. These incidents often happen due to hazardous conditions like wet floors, uneven surfaces, or poor lighting in public or private spaces. Elderly individuals and young children are particularly vulnerable to severe brain injuries from falls.
Workplace Injuries: In environments like construction sites, factories, and industrial settings, the risk of head injuries is high. Falling objects, slips, trips, and falls, or incidents involving heavy machinery, can result in traumatic brain injuries. Employers are required to maintain reasonably safe working conditions, and failure to do so can lead to catastrophic injuries for workers.
Sports Injuries: High-contact sports such as football, boxing, and hockey are common causes of brain injuries, including concussions and more severe TBIs. Former professional football players selected Schenk Law to represent them in Traumatic Brain Injury litigation successfully pursued against the NFL. Repeated blows to the head, even if they seem minor at the time, can lead to long-term brain damage. Youth sports are particularly concerning, as young athletes are more susceptible to the effects of concussions and other brain injuries.
Medical Malpractice: Brain injuries can also result from medical negligence or malpractice. Errors during surgical procedures, improper anesthesia administration, or failure to diagnose and treat conditions like strokes or infections can lead to brain damage. Medical professionals have a duty of care to their patients, and when that duty is breached, it can have devastating consequences.
Assaults and Violence: Physical assaults and acts of violence, including domestic abuse, can result in traumatic brain injuries. Blunt force trauma to the head, whether from punches, kicks, or weapons, can cause severe and lasting brain damage.
Bicycle and Pedestrian Accidents: When cyclists or pedestrians are struck by vehicles, the lack of protective barriers can lead to severe brain injuries. Even with helmets, the impact from such accidents can cause significant trauma to the brain.
Taking the right steps after a brain injury can significantly impact the outcome of your case:
Seek Immediate Medical Attention: If you suspect a brain injury, seek medical care immediately, even if symptoms appear mild. Brain injuries can worsen over time, and prompt treatment is crucial for your health and documentation.
Follow Medical Advice: Adhere to all medical advice and treatment plans. Keep detailed records of your medical visits, treatments, and any symptoms you experience. This documentation will be critical for your case.
Document the Incident: Record the details of the incident that led to the brain injury, including the location, time, and any contributing factors. If possible, take photos or videos of the scene and gather contact information from witnesses.
Avoid Discussing the Incident: Refrain from discussing the incident with insurance companies or other parties involved without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
Keep Records of All Expenses: Maintain detailed records of all expenses related to the injury, including medical bills, lost wages, and any other costs. These records will be essential for calculating the compensation to which you are entitled.
Contact The Schenk Law Firm: Promptly reach out to our experienced brain injury attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.
Victims of brain injuries face significant challenges, and securing appropriate compensation is crucial to ensure they receive the care and support they need. Schenk Law understands the profound impact a brain injury can have on both victims and their families, and we are committed to helping you obtain the full range of compensation to which you are entitled.
The types of compensation available to brain injury victims include:
Medical Expenses: Coverage for emergency room visits, surgeries, hospitalization, ongoing treatments, and specialized care such as physical therapy and neurology consultations. Future medical costs and necessary medical equipment or home modifications should also be evaluated.
Lost Wages: Compensation for lost income due to time off work and potential future earnings if the injury prevents you from returning to your previous job. It may also include compensation for diminished earning capacity if you must take a lower-paying job or work fewer hours.
Pain and Suffering: This compensation covers the emotional and psychological distress caused by the injury, including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and/or emotional distress.
Long-Term Care Costs: Many brain injury victims require lifelong care. Compensation can include expenses for in-home care, assisted living, and ongoing rehabilitation services, as well as the cost of specialized equipment for daily living.
Loss of Quality of Life: Compensation for the impact on your overall well-being, including loss of independence, inability to engage in hobbies, and strain on personal relationships.
Loss of Consortium: Compensation awarded to the spouse or family members of the injured person for the loss of companionship, affection, and support.
Future Medical and Life Care Planning: Coverage for ongoing medical care, including follow-up surgeries and routine check-ups, as well as life care planning expenses for long-term care needs and necessary adjustments to living arrangements.
Rehabilitation and Therapy Costs: Coverage for various therapies, including physical, occupational, speech, and cognitive therapy, which are essential for maximizing recovery and improving quality of life.
Educational and Vocational Training: Compensation for retraining or education if the injury prevents you from continuing in your previous profession, helping you adapt to a new line of work.
Home Modifications and Assistive Devices: Coverage for necessary modifications to your home, such as installing ramps, widening doorways, and purchasing assistive devices like specialized beds or communication technology.
Punitive Damages: In cases of egregious or reckless behavior, punitive damages may be awarded to punish the at-fault party and deter similar conduct in the future.
Dealing with insurance companies can be one of the most challenging aspects of a wrongful death claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve.
The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to skillfully calculate the full value of your claim and ensure that you only accept a settlement that fairly compensates you for your loss and the impact on your family.