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FREE TUSTIN PRODUCT LIABILITY LAWYERS
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30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR TUSTIN PRODUCT LIABILITY LAWYERS
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Tustin Product Liability Lawyers: Advocating for Justice in Defective Product Cases
When a product fails to function as intended and causes injury, it’s not just an unfortunate accident. Manufacturers, distributors, and retailers have a responsibility to ensure the safety of the products they introduce to the market. If you or a loved one have been harmed by a defective product, our Tustin product liability lawyers are here to help you seek the justice and compensation you deserve.
Product liability cases are complex as they often require extensive investigation, professional testimony, and a deep understanding of Tustin product liability law. Our firm has a dedicated team of attorneys who understand the intricacies of product liability law and how to build strong, compelling cases on behalf of our clients.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers to ensure their products are free from defects and safe for consumer use. If a product is found to be defective and causes injury or harm, the responsible party can be held liable. There are several legal theories under which a product liability case can be brought. These include negligence, strict liability, and breach of warranty.
Negligence occurs when a party involved in the creation or distribution of a product fails to exercise reasonable care, resulting in harm. Strict liability, on the other hand, does not require the injured party to prove negligence. Instead, the injured party only needs to prove that the product was defective and caused harm. Breach of warranty occurs when the product fails to meet the standards promised by the manufacturer or seller.
Common Types of Product Liability Claims
There are three primary types of defects that can lead to a product liability lawsuit:
- A design defect occurs when the design of the product itself is inherently dangerous, even if the product is made perfectly according to the specifications.
- A manufacturing defect arises when something goes wrong in the production process, causing an otherwise safe product to become dangerous.
- Marketing defects, also known as failure to warn, happen when a product lacks proper instructions or warnings about potential dangers.
Our Tustin defective product lawyers are well-versed in handling all three types of product defects. Whether the defect is a result of poor design, flawed manufacturing, or inadequate warnings, we will work diligently to hold the responsible parties accountable.
Who Can Be Held Liable?
In a Tustin product liability case, multiple parties may be held liable, depending on where the defect originated. The manufacturer is often the first party to be held accountable, as they are responsible for designing, producing, and testing the product. However, other parties in the distribution chain, such as distributors and retailers, can also be held liable if they contributed to allowing a defective product to reach consumers.
Compensation in Product Liability Cases
Victims of defective products are entitled to compensation for the injuries and damages they have suffered. Compensation may cover various types of damages, including:
- Medical expenses: This includes hospital bills, surgeries, medications, and ongoing medical care.
- Lost wages: Compensation for income lost due to the inability to work while recovering.
- Pain and suffering: Damages for the physical and emotional distress caused by the injury.
In product liability cases, it’s not just about immediate medical expenses. We also account for:
- Long-term injuries: Injuries that have lasting effects on your health and quality of life.
- Lost earning capacity: Compensation for the loss of future income if the injury impacts your ability to work.
- Ongoing pain and suffering: Consideration of the chronic pain and suffering that may persist over time.
Navigating Insurance Companies
Dealing with insurance companies in product liability cases can be particularly challenging. Insurance adjusters may attempt to downplay the severity of your injuries or argue that the defect was not the cause of your harm. As your chosen Tustin defective product lawyers, we handle all communications and negotiations with insurance companies on your behalf to make sure you’re not taken advantage of.
Insurance companies often have their own teams of attorneys working to minimize payouts. Having a knowledgeable product liability attorney Tustin on your side is essential to level the playing field. We will advocate on your behalf to help you recover the compensation you are entitled to.
What to Do After a Product Injury
If you have been injured by a defective product, take immediate action to protect your rights. Seek medical attention right away, even if your injuries seem minor. Document the product and your injuries, and keep any packaging, instructions, or receipts. Additionally, avoid tampering with the product, as this can impact your ability to file a claim.
Once you have taken these initial steps, contact a product injury lawyer Tustin. The sooner you reach out to an attorney, the better your chances of preserving important evidence and building a strong case. At our Tustin product liability law firm, we offer consultations to review your case and discuss your legal options.
Schedule a Free Consultation With Our Award-Winning Attorneys
At our firm, we take a comprehensive approach to handling product liability claims. From the initial consultation to the resolution of your case, we are with you every step of the way. Our Tustin product liability attorneys begin by conducting a thorough investigation of the product, gathering evidence such as product manuals, design specifications, and safety reports. Then, we may work with expert witnesses to strengthen our case. These professionals can testify about the defect in the product, how it caused your injuries, and the long-term impact of those injuries. Our goal is to build the strongest case possible to help you receive the compensation you deserve.
When you’re facing the aftermath of an injury caused by a defective product, having the right legal team on your side can make all the difference. At Gosuits, we offer personalized, attentive service that sets us apart from larger firms. Unlike other firms that may hand your case off to a case manager, you will work directly with one of our attorneys from start to finish, ensuring you receive the full benefit of our knowledge and commitment.
Our team of award-winning attorneys is recognized for our excellence in the legal field, and we have a proven track record of success. We take pride in going above and beyond for our clients, offering dynamic and innovative lawyering that achieves results. Whether it’s leveraging cutting-edge technology to streamline your case or providing you with constant updates and communication, we are here for you every step of the way.
Our clients consistently leave positive reviews and testimonials on our Google Business Page, praising not only our legal victories but also our compassion and personalized approach. We understand that suffering from a product injury can be overwhelming, and we’re dedicated to making the legal process as smooth and stress-free as possible for you.
One of the unique advantages of working with us is our no upfront fees policy. We understand that after a serious accident, finances may be tight. That’s why we take your case on a contingency basis—if we don’t win, you don’t pay. If you’ve been injured by a defective product, don’t wait. Schedule a consultation with one of our award-winning Tustin product liability attorneys today. Whether you’re dealing with medical bills, lost wages, or pain and suffering, we’re here to help you explore your legal options.
TUSTIN 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 Tustin?
The statute of limitations for filing a product liability claim in California is generally two years from the date of the injury. However, depending on the specifics of your case, there may be exceptions. We recommend speaking with a product liability attorney Tustin as soon as possible to ensure that your case is filed within the legal timeframe.
What types of products can lead to a liability claim?
Almost any product can be the subject of a product liability case if it is found to be defective and causes harm. Common examples include automobiles, household appliances, toys, and electronics.
Can I still file a claim if I’m partially at fault for my injury?
Yes, California follows a comparative negligence rule, which means that even if you are partially responsible for the accident or injury, you may still recover damages. However, your compensation may be reduced by the percentage of fault attributed to you.
How does a product liability case differ from other types of personal injury cases?
Product liability cases involve specific legal theories that are distinct from other types of personal injury cases, such as car accidents or slip-and-falls. These cases often require professional testimony and involve proving that a product was defective due to its design, manufacturing, or marketing.
What should I do if I suspect a product caused my injury?
If you believe that a product defect caused your injury, preserve the product and any related packaging or instructions. Do not attempt to fix or alter the product, as it may serve as key evidence in your case. Take photos of the product and your injuries, seek medical attention, and contact a Tustin defective product lawyer as soon as possible. The sooner you act, the better the chances of preserving important evidence and building a strong case.
GET TO KNOW OUR TUSTIN 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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