Winer, Burritt & Scott, LLP, is recognized as an industry leader in brain injury cases for one specific reason: our decades of litigation experience and use of diagnostic evidence and expert witnesses have allowed us to reach numerous multimillion-dollar verdicts and settlements for injured clients in Oakland and throughout California. Brain injury cases are notoriously difficult to win because the effects of the injury and extent of the damages are not always visible.
To learn how we can help you, call 800-652-6137 to schedule a free consultation.
The Process Behind Our Success
Drawing on the knowledge of our partners and their more than 60 years of collective legal experience, our lawyers craft trial strategies that educate juries and give our clients a strong chance of success in even the most difficult situations. The process that we use is outlined, in general terms, below:
- Refer clients for medical testing: In cases that involve head trauma of any kind, we immediately send our clients to a neuropsychologist — psychologists specializing in the diagnosis and treatment of brain injury — for assessment and testing. We also usually send our clients out to physiatrists, medical doctors who specialize in rehabilitating people who have brain and spinal cord injuries. These doctors are often more sensitive than neurologists to the subtle effects of brain injuries.
- Focus on the impact: No matter how severe the brain injury, we always focus on the severity of the damage and the impact that the symptoms will have on our clients’ lives. This approach allows us to explain the injury in terms that resonate with juries and insurance companies, even in situations where outward manifestations of the injury are not readily apparent.
- Maintain evidence: Preserving evidence is important in any case, especially in matters involving car accidents. We ensure that everything that would be helpful to examinations by mechanical engineers, biomechanical engineers, accident reconstructionists and other professionals is undisturbed.
- Examine reports and talk to witnesses: Emergency room, ambulance and paramedic records, along with witness statements from the scene of an injury can greatly amplify the chance of success when a case goes to trial. These records are especially important when a person has lost consciousness or has amnesia as a result of the injury, as he or she will be unable to reliably testify on his or her own behalf.
- Hire the appropriate experts: Different types of brain injuries require the services of different experts to fully assess the extent of damage a person has sustained. For example, in cases involving mild traumatic brain injuries, a neuropsychologist and physiatrist may be better suited to analyze the situation than a neurologist. This is because the tests that a neurologist conducts only look for major focal brain defects, and the damage to the brain may not show up on a traditional radiographic scan. Neuropsychologists and physiatrists specialize in brain injuries, so they are better equipped to notice subtle disruptions of brain function that a neurologist may miss.
- Collect all relevant records: To establish baseline levels of function and cognition that a person possessed before a brain injury, we collect birth, employment, medical and all other records that are useful for showing damage to the brain and modification to behavior and mental faculties.
By following these and other steps of our proven litigation process, we have obtained upward of $200 million for clients throughout California in brain injury cases and other injury law matters.
Contact Our Firm
Contact Winer, Burritt & Scott, LLP, to see how our experience, devotion to legal excellence and client-focused approach to cases can benefit you. Call 800-652-6137 or fill out our online form to schedule a free consultation with one of our insightful injury law attorneys.