Insight

Scarlett Law Group: Mastering TBI Trial Law

Randall H. Scarlett shares successes in traumatic brain injury cases, fueling Scarlett Law Group's growth across Northern California with specialized insights.

Two lawyers, suited, standing in front of law firm sign
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Justin Smulison

October 18, 2024 12:00 AM

A commitment to the safety is what drives Randall H. Scarlett to fight for Californians and consumers nationwide. For decades, his firm – The Scarlett Law Group – has served as lead counsel and co-counsel in various high-value and well-known cases in state and federal courts.

The goal is constantly to serve victims of catastrophic injuries and to protect the public from medical malpractice, road hazards and harmful products.

“People should have confidence in the items they buy, their means of transportation and the integrity of our infrastructure,” said Scarlett, who has been recognized by Best Lawyers in America® annually since 2009 for Personal Injury Litigation–Plaintiffs in San Francisco.

“When this trust is not upheld by the provider, dangerous and sometimes deadly consequences can follow. Our firm heeds the call to hold negligent and reckless actors accountable, prevent further harm and above all, make a meaningful difference in our clients’ lives.”

Scarlett has secured hundreds of millions of dollars for various clients who sustained traumatic brain injuries (TBI) while performing regular tasks – from riding a bus to attending an outdoor event.

The firm has secured several high-value verdicts on behalf of plaintiffs in trucking matters, including $49.123 million in 2009 for a 23-year-old man who sustained a TBI as a result of a multi-truck collision on Highway 152.

The suit was filed against the trucking company and others, including the State of California, which was found liable for dangerous conditions.

A trucking or transportation litigation is usually not just about an accident. It’s often about the root causes and the circumstances surrounding it.”

In 2024, Scarlett Law Group represented a woman who was critically injured while riding a commercial bus. In this ongoing matter, the firm’s research uncovered that the bus driver had not logged the required hours of sleep prior to getting behind the wheel.

The driver lost control while on his shift, propelling the woman through the front windshield and onto the ground.

“This terrible wreck could have been avoided had the driver abided by the safety rules and regulations,” Scarlett says. “The driver should not have been operating any vehicle at the time and we intend to hold him and the bus operating company fully responsible for the many spine surgeries our client has undergone, as well as her pain and suffering.”

Emphasizing Strategy and Educating the Plaintiffs’ Bar

Thousands of TBI-related fatalities are reported each year. For example, in 2019, there were 4,215 fatalities due to TBI in California, according to the state’s Department of Public Health, representing an increase of 10% from 2010.

“Our successes stem from leveraging data to explain the story behind the story,” Scarlett says. “A trucking or transportation litigation is usually not just about an accident. It’s often about the root causes and the circumstances surrounding it.”

However, Scarlett cannot be everywhere, nor can his firm accept every TBI case, which is why he is so passionate about strengthening the plaintiffs’ bar about these injuries.

“I feel compelled to pass my experience on TBI to other attorneys in the state and nationwide in order to protect more victims’ rights,” Scarlett says. He is a former president of the American Board of Professional Liability Attorneys, which offers board certification and continuing legal education courses in the areas of legal malpractice and medical malpractice for lawyers.

Scarlett is also a founding member of the Brain Injury Association of California and served as Board emeritus. “By educating other lawyers, they will in turn be able to offer better services to other victims when a brain injury affects their lives.”

The legal community and the public revere Randall H. Scarlett and the Scarlett Law Group as top authorities in the U.S. for catastrophic injury and TBI.

This is exemplified by the firm’s Tier 1 ranking in San Francisco from Best Law Firms for Personal Injury Litigation-Plaintiffs – one of many honors bestowed by the media and legal community.

“This commendation demonstrates that even when we’ve been on the opposite side of the bench, The Scarlett Law Group has earned the respect of their peers,” Scarlett says. “This is one of the highest compliments a law firm can receive.”

Headline Image: Gary Wagner

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