At the Law Office of Scott R. Herndon, our clients are people, family, friends, and colleagues. When we represent our clients, we represent lifetimes and not just “injuries.” This is fundamentally different than the way some insurance companies analyze compensation and recovery after an accident, assault, or injury.
We know that surviving any serious injury is only the beginning of a lifetime journey – one that demands a comprehensive and compassionate approach to rebuilding your quality of life. An effective law firm will not just focus on immediate medical intervention any more than the emergency room will provide a seriously injured patient with the entirety of her care. As such, we work to ensure that no aspect of our clients’ experiences is ignored or forgotten. We focus on the horizon of an entire lifetime, and not simply an injury in isolation. This mindset is beautifully captured by Kang in her phrase, “Survival is Just the Beginning of Recovery”(Kang et al 2024).
Survivors of catastrophic injuries face multiple roads to recovery over time, potentially across every aspect of their lives. As a simple example, consider the they way that physical recovery from a sexual assault is intertwined with emotional and psychological well-being, a person’s ability to work, or even to enjoy a healthy relationship free of anxiety and sexual dysfunction. Or the way a serious brain, leg or arm injury will impact work, relationships, and even the ability to enjoy an independent life. These multiple roads of recovery are mapped in the analytic frame of Quality of Life (QoL).
At the Law Office of Scott R. Herndon, our holistic approach always includes the intricate connection between the body and the mind, the person and their social group, employment and the ability to provide for one’s family. This is holism grounds our law firm’s philosophy and ethos.
Why is Quality of Life More Important than a “Successful Surgery?”
Of course, successful medical intervention care critical directly after any serious injury. But the questions posed in the emergency room, ambulance, or police station are fundamentally different than the questions that will face our clients 12 months later, or even deeper into their lives. The questions asked by occupational therapists, family members, psychologists, and employers will not resemble the questions asked by the hospital or the detective, such as, “Is it safe to send this person home?” Instead, their questions will more closely sound like, “What did you enjoy before your injury?” These are Quality of Life questions.
What is Quality of Life (QoL) analysis?
Some researchers have defined Quality of life as a “a person’s overall perception of their life, with regard to their health, expectations, and other influences”(Mammen et al 2024). Others have discussed QoL in terms of “permanent medical impairment” (Stigson et al 2020); life function and pain interference (Bortsov et al 2014); mental health impairment (Papadakaki et al 2024); return to “normal life” (Sabet et al 2016); or simply “non-recovery” (Samoborec et al 2018). Whatever the definition is chosen, Quality of Life analysis concerns the sometimes kaleidoscopic and multi-dimensional impacts that can result from a catastrophic personal injury.
At The Law Office of Scott R. Herndon, we QoL analysis to litigate and resolve high-profile cases throughout California. We have represented survivors of sexual assault in Hollywood, Silicon Valley, San Francisco and Napa. We have represented multiple survivors of a mass casualty shooting at a rap concert in Sacramento. We have represented survivors of catastrophic commercial motor vehicle accidents in Oakland, along with motorcycle, e-scooter, pedestrian, and bicycle accidents throughout the Bay Area, Los Angeles, the Central Valley, and San Diego. In each one of these cases, the careful deployment of Quality of Life analysis helped drove our results for our clients (together, more than $15M to date).
This article is intended as an overview of Quality of Life analysis and recent, peer-reviewed research to give our potential clients a glimpse of some of the important considerations in approaching any catastrophic personal injury case. Of course, this is not intended as providing specific medical or legal advice.
Medicine and Occupational Therapy
At the Law Office of Scott R. Herndon, one of our focal points is on our client’s struggle to adapt to lasting physical challenges, manage persistent pain, regain employment and achieve independence in their daily lives. This is the domain of medical and occupational therapy.
Occupational therapists are vital partners in this process, helping our clients modify their environment, teach and support with the use of assistive devices, and provide techniques to navigate everyday activities with greater ease and confidence. This important work, which sometimes only begins after months of medical intervention, critical care, and surgery. Occupational therapy is fundamentally concerned with mid-term and long-term outcomes, and aims to empower survivors to reclaim their sense of control and participation in the world (Laguex et al 2018).
Research consistently demonstrates the effectiveness of occupational therapy interventions in improving functional outcomes and QoL for individuals with chronic pain and physical limitations. Tailored occupational therapy programs significantly improved activity performance and reduced pain interference in individuals with musculoskeletal conditions (See for example, Dorsey and Bradshaw 2018). Similarly, research in Disability and Rehabilitation generally highlights the role of assistive technology and environmental modifications in promoting independence and participation for individuals with disabilities resulting from trauma. These interventions aim to actively rebuild a survivor’s capacity to re-engage with the world.
The Role of the Mind in Recovery
After a catastrophic accident, perhaps no challenge is greater than psychological and neuropsychological recovery. For instance, survivors of serious car accidents often grapple with anxiety, depression, PTSD, and cognitive difficulties that impact memory, concentration, and decision-making (Pozzato et al 2020). Because chronic physical outcomes and mental health issues can create persistent and even life-long negative feedback loops, these fields must be addressed together (Meakes et al 2024). Researchers have consistently found a relationship between high levels of pain and mental disability, and instruct that patient care must address a patient’s “cluster” of factors, including pain and mental health, and essentially “look beyond the physical injury”(Samoborec at al 2018).
At the Law Office of Scott R. Herndon, we consult and retain experienced, board-certified mental health professionals who identify any cognitive impairments stemming from a brain injury or the traumatic experience itself. Therapy provides a safe and supportive space for clients to process emotions, develop healthy coping mechanisms, and begin rebuilding their sense of self.
The potentially lasting impact of mental trauma on Quality of Life is well-documented in peer-reviewed literature, especially traumatic brain injury (Mamman et al 2024). Studies consistently associate pain from traumatic injury and the development of PTSD, anxiety, and depression (Connor et al 2020). Research also demonstrates the long-term cognitive symptoms of traumatic brain injury, including attention deficits, memory, and executive function, to name only a few sequelae that can decrease Quality of Life (See Gopinath et al 2019; Kenardy et al 2014). As such, researchers and the London Neurocognitive Clinic emphasize the importance of early and comprehensive neuropsychological and psychological intervention to address the complex cognitive and emotional challenges that can arise following trauma (2025).
Our Social Connection is the Net the Supports Us
The loss of social footing after a traumatic injury can be isolating, debilitating and painful. As a result, any inquiry into Quality of Life must consider the human need for social connection, and the loss that is suffered when this connection is lost, even temporarily. Research consistently indicates that strong social support networks are associated with improved mental health outcomes and reduced risk of PTSD following traumatic events (Calhoun et al 2020). Moreover, studies in the Psychology of Violence emphasize the importance of community-based interventions in promoting resilience and recovery among trauma survivors (Schultz et al 2016, rev 2025; see also Saan et al, PLoS One, 2022).
Trauma can disrupt relationships, isolate us from our community, and hinder our ability to participate in social activities. Rebuilding those connections and finding a renewed sense of belonging are crucial for the long-term well-being of any survivor of a serious accident.
It is therefore critical to understand the impact of a serious injury on a client’s social life, interpersonal relationships, and career. These impacts cannot simply be reduced to “physical” or “mental” impairments. Rather, they require a comprehensive and systematic approach on their own terms.
Why Holism is So Important
As an ethical and philosophical principle, our law firm believes a holistic approach to Quality of Life analysis is necessary to understand the complete impact of a serious injury or sexual assault on a person’s life.
If left to their own devices and often reductive theoretical methods, insurance companies, opposing counsel, and even juries may focus on isolated aspects of a given injury. They will fight to compensate a plaintiff for medical bills only, lost past wages only, or immediate physical impairments only. But this rhetoric of isolation is played in order to divert attention away from the true costs of an injury on the entire lifetime of the plaintiff.
To fight this reductive rhetoric, we use of Quality of Life to we paint a complete and compelling picture of our clients’ altered lives, and what it will take for them to get back to baseline. Quality of Life analysis can demonstrate how an injury has rippled through our clients’ lives, impacting their ability to work, maintain relationships, participate in hobbies, or simply experience joy. It allows us to tell the story of chronic pain, emotional distress, and social isolation. It helps us ensure that the full extent of our clients’ injuries is recognized and fairly compensated.
Contact Us Today
For more on our philosophical and holistic approach to personal injury cases, call The Law Office of Scott R. Herndon today.
Call 415-360-5477 or contact us online to schedule a free consultation with one of our highly skilled attorneys today.