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Santa Ana Product Liability Lawyers: Advocating for Your Rights
When a product you trusted unexpectedly causes harm, it can be a challenging and overwhelming experience. From medical bills to time lost from work, dealing with the consequences of a dangerous or defective product is no small task. If you or a loved one have been injured by a defective product, you deserve a team of Santa Ana product liability lawyers who understand the local community and can fight to protect your rights. At Gosuits, our mission is to provide you with the compassionate, personalized legal support you need to pursue compensation and justice. Our award-winning attorneys are here to guide you through every step of the legal process, from understanding your rights to seeking accountability from manufacturers and sellers.
Common Injuries from Product Liability Cases
Product liability cases can arise from a wide range of defective products, each posing different risks to consumers. Injuries from these defective products vary in severity but often have a significant impact on a person’s health, daily life, and ability to work.
- Burns: Defective products that overheat, catch fire, or explode – such as faulty electronics, appliances, or automobile parts – can cause serious burn injuries. These can range from minor first-degree burns to severe third-degree burns, which may require extensive medical treatment and skin grafts.
- Bone Fractures and Lacerations: If a product malfunctions or breaks during use, it may cause cuts, punctures, or blunt force trauma. For example, collapsing chairs, power tool malfunctions, or shattered glass products can lead to severe lacerations and broken bones.
- Head and Traumatic Brain Injuries (TBI): Defective sports equipment, helmets, toys, and vehicles can contribute to traumatic head injuries. A blow to the head can lead to concussions, skull fractures, or even more severe traumatic brain injuries that impact cognitive function, memory, and personality.
- Poisoning and Chemical Exposure: Products such as household cleaners, cosmetics, medications, and toys may contain harmful substances that can cause poisoning, toxic exposure, or chemical burns. Prolonged exposure to toxic chemicals can lead to long-term health conditions affecting organs, the nervous system, and other critical bodily functions.
- Choking and Aspiration: Small parts in defective toys, children’s products, or poorly designed packaging can pose choking hazards, particularly to young children. Additionally, food products with foreign objects or defective medical devices may lead to aspiration, where food or objects enter the airway and cause life-threatening complications.
- Soft Tissue Injuries: Muscle strains, ligament tears, and other soft tissue injuries can occur when a product malfunctions or breaks, causing the user to fall, jerk suddenly, or experience an unexpected impact. Examples include defective exercise equipment or faulty automotive airbags deploying unexpectedly.
Handling Insurance in Product Liability Cases
One of the more complex aspects of a product liability case is dealing with insurance companies. It’s common for manufacturers and retailers to carry liability insurance that may cover damages from defective products. However, these insurance companies are often more focused on protecting their own interests.
As Santa Ana product liability lawyers, we are well-versed in navigating the complexities of insurance claims. We understand how to work with these companies while maintaining our focus on your best interests. Insurers may attempt to minimize your injuries, question your use of the product, or argue that you were partially responsible for the harm. We push back against these tactics and negotiate assertively to pursue a fair and just resolution.
By handling communications with insurers, your product liability attorney in Santa Ana takes on the burden which allows you to concentrate on your recovery. We ensure they fully understand the extent of your injuries, costs incurred, and the long-term impact on your life. If an insurance company refuses to offer a fair settlement, we are prepared to take your case to court.
Our Approach to Product Liability Cases
As product liability attorneys in Santa Ana, our goal is to provide compassionate and individualized representation while advocating for your rights. We know that a defective product can significantly alter your life. From painful injuries to mounting medical bills and lost income, you may find yourself struggling to figure out what to do next. Our role as your Santa Ana product liability lawyers is to guide you through the legal process and take the burden off your shoulders so you can focus on your recovery.
Our process begins with a comprehensive evaluation of your case. We take the time to understand how the defective product impacted you, collecting all details regarding the purchase, use, and resulting injury. During this evaluation, we discuss your rights and the best course of action to create a strategy that aligns with your needs and circumstances.
We also handle all communications with opposing parties, such as manufacturers, distributors, and insurance companies, negotiating on your behalf to seek fair compensation for your injuries. If your case proceeds to trial, your product liability lawyer in Santa Ana will use their litigation experience to effectively present your case in court, using compelling evidence and arguments.
Throughout the process, our commitment is to you and your family. We know that trust is foundational, and we work to keep you informed and involved at every step. Your questions are always welcome, and we aim to provide you with clear, straightforward answers.
Ready to Take Action? Schedule Your Free Consultation Today!
Choosing the right Santa Ana product liability attorney is critical to the outcome of your case. At Gosuits, we are committed to offering a personalized level of service that differentiates us from larger firms. When you work with us, your case will not be handed off to a case manager. Instead, you will work closely with one of our attorneys so you’ll receive direct communication and updates throughout the entire legal process.
Our team of Santa Ana product liability lawyers brings competence and extensive legal experience to every case. At Gosuits, our commitment to our clients drives our approach, and we take pride in providing dynamic and innovative legal representation. Gosuits has developed proprietary software using machine learning to streamline legal processes and expedite case outcomes. This innovation allows our clients to access their case files and attorney communications easily, promoting transparency and efficiency throughout your experience with us.
Our law firm operates on a contingency fee basis, which means that if we don’t recover compensation for you, you owe us nothing. We understand that financial strain often accompanies the injuries caused by defective products, so we aim to ease that burden by covering the litigation costs upfront.
The many positive testimonials and reviews from our satisfied clients on our Google Business Page highlight our dedication and ability to achieve favorable results. We are available around the clock to support our clients and always strive to go above and beyond. If you or a loved one has been injured by a defective product, our Santa Ana product liability attorneys are here to help. Schedule a free consultation to discuss your case, understand your rights, and take the first step toward seeking the compensation you deserve. Call us today or fill out our online form to get started – we’re available 24/7 to assist you.
SANTA ANA 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.
How long do I have to file a product liability claim in California?
In California, the statute of limitations for filing a product liability lawsuit is generally two years from the date of injury. Exceptions exist, so we recommend consulting with a Santa Ana product liability attorney to learn about your specific situation.In California, the statute of limitations for filing a product liability lawsuit is generally two years from the date of injury. Exceptions exist, so we recommend consulting with a Santa Ana product liability attorney to learn about your specific situation.
What happens if I partially contributed to my injury?
California follows a pure comparative fault rule, meaning that even if you are partially at fault, you may still recover damages. Your compensation might be reduced by your percentage of fault.
Can I still recover damages if I no longer have the product?
While it’s ideal to retain the product, you can pursue a claim without it. Photographs, receipts, and witness testimony can serve as important evidence. Your Santa Ana product liability lawyer can help guide you through collecting and presenting this evidence.
What types of compensation can I recover in a product liability case?
You may be entitled to various forms of compensation, such as medical expenses, lost wages, and pain and suffering.
How can a Santa Ana product liability lawyer help me?
A product liability lawyer in Santa Ana will navigate the legal complexities of your case, handle insurance negotiations, collect evidence, and represent you in court if necessary, advocating for your rights throughout the process.
GET TO KNOW OUR SANTA ANA 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
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