30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE CALIFORNIA PRODUCT LIABILITY LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR CALIFORNIA PRODUCT LIABILITY LAWYERS
3 EASY STEPS TO HIRE A CALIFORNIA PRODUCT LIABILITY LAWYER
1
CALL AN
ATTRORNEY
2
GET FREE CASE
EVALUATION
3
LET THE SMART
SUITS HANDLE
THE REST
COMMUNITY AND FIRM EVENTS
Here at Gosuits we understand that being a part of the community means more than just providing legal services. Whether we are participating in a community event or hosting a firm event, our goal is always the same: to build strong relationships with the people we serve and to make a positive impact in our community.
California Product Liability Lawyers: Your Trusted Advocates
In the diverse landscape of California, consumers encounter an endless array of products in their daily lives. Most of the time, these products are safe and perform as intended, but unfortunately, some products carry hidden risks due to design flaws, manufacturing issues, or inadequate warnings.
As a dedicated team of California product liability attorneys, we stand by our clients’ side to advocate for their rights in civil cases involving defective products. Our goal is to make sure those injured due to unsafe products can receive the support and compensation they deserve.
Understanding California Product Liability Law
California products liability law is designed to protect consumers to help those injured by defective products have access to justice. This area of law is based on a concept called “strict liability,” which means manufacturers, designers, and distributors can be held accountable for harmful products regardless of intent.
Types of Product Liability Claims in California
- A manufacturing defect occurs when an issue arises during the production of a product, making it unsafe. This can happen when proper quality controls are not in place, and as a result, the product does not conform to its intended design.
- Design defects, on the other hand, occur when the blueprint or design of a product is inherently dangerous, meaning the product is unsafe even when manufactured as planned. In these cases, California product liability attorneys must demonstrate that a safer alternative design was feasible and that its implementation could have prevented harm.
- Lastly, failure to warn, or marketing defect cases, involve products that may have been safe when designed and manufactured but lack adequate warnings or instructions for proper use. For example, a cleaning product might not warn users of the dangers of combining it with other substances, potentially leading to harmful reactions.
Proving a Product Liability Case in California
In California, proving a product liability case requires more than just demonstrating that an injury occurred. Plaintiffs must show that the product was indeed defective and that this defect directly led to the harm suffered. Our California product liability attorneys are meticulous in gathering evidence, consulting with experts, and preparing a robust case to meet this burden of proof.
In cases involving California product liability law, strict liability often simplifies the plaintiff’s path to recovery. Unlike other personal injury cases where negligence must be proven, strict liability cases only require showing that the product was defective, not that the manufacturer or designer acted with malicious intent or neglect. By streamlining the proof process, strict liability laws provide injured consumers with a fair chance to hold manufacturers accountable for harm.
Handling Insurance in Product Liability Cases
While insurance policies are meant to offer a safety net for injured parties, insurance companies are for-profit entities, which can sometimes lead them to minimize payouts. We approach each case with a strategy designed to handle the tactics insurance adjusters may use to downplay claims. We negotiate directly with insurance providers on behalf of our clients to take the burden off their shoulders and ensuring their rights are protected.
Working with California product liability lawyers can make a significant difference when dealing with insurance companies. We understand the intricacies of insurance policies, coverage limits, and the tactics insurers may employ to avoid full payment. In some cases, insurance companies may even try to argue that the product defect was not the true cause of the injury. Our firm’s dedication to fighting these claims ensures that our clients do not have to face insurance companies alone.
Our Approach to Product Liability Cases
At our firm, we believe every injured consumer deserves justice. From the initial consultation, we strive to create an open, empathetic environment where clients can share their experiences without fear of judgment. Our attorneys then begin a comprehensive investigation to gather all necessary evidence, including product documentation, expert opinions, and any other information that strengthens the case.
Each case we handle goes through several stages, starting with a thorough investigation. We work closely with engineers, medical professionals, and other indivduals to ensure no detail is overlooked. As California product liability attorneys dedicated to civil cases, we are fully prepared to litigate in court if a fair settlement cannot be reached through negotiation. Our goal is always to obtain the best outcome for our clients, whether through a settlement or trial.
Why Choose Gosuits for Your Product Liability Case
When it comes to product liability law in California, choosing the right legal team can make all the difference in the success of your case. At our firm, we are proud to stand apart from larger practices. Unlike firms that assign cases to case managers, every client here receives personalized attention from an attorney who will guide them through each step of the legal process.
Our firm has garnered numerous client testimonials and glowing reviews on our Google Business Page, a testament to the trust and satisfaction of hundreds of clients we’ve successfully represented. As a leading California product liability law firm, we are known for combining traditional legal excellence with innovative, tech-driven solutions. We’ve developed proprietary software powered by machine learning that streamlines various aspects of the legal process, enhancing both efficiency and outcomes.
If you’re seeking tried-and tested California product liability lawyers who will fight tirelessly for your rights, we invite you to schedule a consultation with our team. Let us demonstrate how we combine competence, experience, and innovation to deliver the highest standard of legal support in product liability law.
CALIFORNIA PRODUCT LIABILITY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
What is the statute of limitations for filing a product liability claim in California?
The statute of limitations for product liability cases in California is generally two years from the date of injury. However, certain exceptions may apply based on the specifics of your case.
What types of products can be subject to liability claims?
Virtually any consumer product can be subject to liability claims under California products liability law. This includes vehicles, medical devices, household appliances, food items, pharmaceuticals, and more. If a product has caused harm due to a defect, it may be grounds for a lawsuit.
What damages are available in a California product liability case?
Damages in product liability cases can include medical expenses, lost wages, pain and suffering, and, in some instances, punitive damages. Consulting with a California product liability lawyer can help you understand the range of damages available based on the unique circumstances of your case.
How can a product liability attorney assist with my case?
A California product liability attorney plays an essential role by investigating the specifics of your case, gathering crucial evidence, negotiating with insurers, and representing you in court. Having a knowledgeable attorney by your side ensures that your interests are protected, allowing you to focus on recovery while your legal team handles the complexities of the case.
Will my product liability case need to go to trial, or can it be settled out of court?
While many California product liability law cases reach a settlement, some do proceed to trial if a fair resolution cannot be achieved. Our California products liability lawyers are prepared for both scenarios, dedicated to achieving the best possible outcome for our clients, whether through settlement negotiations or courtroom advocacy.
GET TO KNOW OUR CALIFORNIA PRODUCT LIABILITY LAWYERS
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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The content of this website has been prepared by Gosuits.com, for informational purposes only and should not be construed as legal advice from a lawyer. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. The chat system is an automated system that provides general information and not legal advice. You should not rely on any of the information, nor should you ever disclose private information to anyone in the chat system. Our office will never ask you for your private information until you have retain our firm with a written contract. Until there is an established written contract there is no attorney-client relationship. The knowledge base section of this website is not to be used as legal advice or legal resources. This website contains attorney advertising. Prior results do not guarantee a similar outcome. Disclaimers.
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* Best Lawyers Ones to Watch 2022 – Sean Chalaki
* Rising Stars 2016 – Sean Chalaki
* Attorney at Law Magazine 2016 – Sean Chalaki
* The National Trial Lawyers 2015 – Sean Chalaki
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