Safety Matters Beyond the Courtroom

As courts reopen, one of the nation’s leading brain injury authorities, Randall H. Scarlett intends to reach new heights in the pursuit of justice for victims.

Two lawyers in suits standing in front of brick wall with awards

Justin Smulison

October 14, 2022 04:34 PM

Randall H. Scarlett and his team have eagerly awaited a return to normalcy for the courtrooms of California, and in the last year that process has slowly and safely resumed. In-person civil trials are in progress in numerous counties throughout California and the rest of the country, and the Scarlett Law Group founder – a nationally recognized authority on traumatic brain injury (TBI) – is prepared to argue cases on behalf of his clients.

“While these cases aim to secure maximum compensation for the plaintiffs, some are poised to have major societal impact,” says Scarlett, who has been recognized by The Best Lawyers in America® annually since 2009 for Personal Injury Litigation–Plaintiffs in San Francisco.

In one such matter, he represents 13 victims and survivors of the 2019 mass shooting that occurred at the Gilroy Garlic Festival. This groundbreaking lawsuit—for which the firm is joined by Brady Legal, an organization dedicated to ending America’s gun violence epidemic—is being brought against the Gilroy Garlic Festival Association and the City of Gilroy as well as a security company for their negligent lack of security and preparedness. Century Arms LLC is also named as a defendant for marketing and selling the WASR-10 military-style assault rifle used by the shooter.

“We hear about a new mass shooting too often, but Scarlett Law Group is not numb to the news,” he says. “We proudly represent the people of Gilroy and hope to bring about change in public policy that can improve safety in our communities. For too long we have sat on the sidelines as mass shootings tear apart communities across this country. This case represents an opportunity to help our clients whose lives have been forever altered by this event, and a chance to bring about meaningful, and long-lasting changes that will make all of our communities safer.”

Scarlett’s fierce advocacy for TBI victims has led to several record- and precedent-setting outcomes. The Scarlett Law Group has obtained more than 10 eight-figure verdicts and settlements in the last decade alone. Some of Scarlett’s most notable jury verdict awards include $49 million for an individual who, following a devastating collision, suffered debilitating brain injuries that required constant care; $26 million for an eight-month-old girl who suffered TBI following a hospital’s misdiagnosis that will require a lifetime of related care; $22.8 million for a 52-year-old woman who sustained a severe brain injury; and $18.6 million for a wrongful death which occurred following a devastating trucking collision.

But the firm acknowledges that the need for TBI engagement transcends the courtroom. A past vice president and current board member emeritus of the Brain Injury Association of California, and the current president of the American Board of Professional Liability Attorneys, Scarlett lectures virtually and in-person to legal, medical and advocacy groups on TBI risks and their impact on the law and public policy.

The Scarlett Law Group also enhances its public outreach each March in observance of Brain Injury Awareness Month through fundraising events, organized walks and even some jaw-dropping spectacles. Lawyer Randall A. Scarlett, who works alongside his father at the Scarlett Law Group, literally went leaps and bounds to bring awareness to TBI when he repelled over the top of a Sacramento building to raise awareness for the Brain Injury Association of California.

“The Scarlett Law Group has a special responsibility to continue the dialogue about brain injury beyond the courtrooms,” says Randall A. Scarlett who has been with the firm since 2011 and joined his father as lawyer in 2019. “As much as we love going to court, we also hope we can educate our neighbors and local communities to avoid and prevent TBI from the outset. And if we have to scale a building to start that conversation, then it’s well worth it.”

Harkening back to the emphasis on client service, Randall A. Scarlett notes that even during the delays in hearings due to the pandemic, the Scarlett Law Group leveraged its networks to help provide important care and support to its clients.

“A brain injury tends to bring the victims’ worlds to a halt,” he says. “The victims and their families often end up in a treatment vacuum where the injured receives initial acute care at an emergency room or ICU, and then they’re discharged. When they’re not put in touch with the right care providers afterward, we have stepped in to connect them with proper health care professionals and facilities to help the healing process during the waiting periods. The initial six to eight months following a serious head injury are often the most critical for recovery from TBI.

“There are wonderful specialized treatment modalities and therapies that exist which can help to maximize TBI victims’ chances for recovery if implemented early on. It continues to be an enormous privilege to offer our service to clients outside their cases or the courtroom. It is that privilege which makes our work so rewarding.”

Headline Image: Gary Wagner

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