Chudacoff, Friedman, Simon, Graff & Cherin helps people from Los Angeles to Bakersfield and throughout Southern California who have been injured in an automobile accident or other example of personal injury due to another’s negligent or wrongful conduct.
The Plaintiff’s Burden of Proof
If you have been injured due to the negligence or misconduct of another, you are entitled to compensation for the damages caused to you, including your present and future medical expenses, present and future lost wages, property damage, pain and suffering, and emotional distress. Even though another party may be liable to you for these damages, obtaining an adequate settlement or verdict is not always an easy matter. As the injured plaintiff in a case, you bear the burden of proving that the accident happened, that it was the other person’s fault, and that your injuries are a result of that accident. The defendant, in turn, will try to avoid liability by raising any applicable defenses, including shifting the blame to you and saying that your own negligence caused the accident or contributed to your injuries. Successfully preparing a case requires a careful investigation and presentation of the facts and an understanding of all applicable claims and defenses.
The defendant in most cases is represented by an insurance company and the claims adjustors and lawyers hired by the insurance company to minimize the amount that must be paid out on a claim, or to pay nothing if at all possible. A common defense tactic is to claim that the plaintiff was also negligent. In California, you are entitled to recover from a negligent defendant even if you yourself contributed to the accident. The jury may assign a percentage of fault to each party, but if you prove your case, you can recover damages according to the percentage of the defendant’s negligence. Successfully handling a personal injury case includes proving the other party’s liability while also defending against claims of plaintiff liability.
Personal Injury and Products Liability
In automobile accident cases, some attorneys only think about the negligence of the other driver and whether the plaintiff may be partially at fault. As attorneys who have handled all types of personal injury cases for decades, we understand the importance of looking at all possible causes of the accident, including whether a defect in one of the cars or even the roadway caused or contributed to the accident.
Manufacturers of consumer products are liable for any injuries caused when they release a faulty product onto the marketplace. In the case of automobile accidents, a car may be defectively designed so that it rolls over in a sharp turn or explodes on impact. A component of the vehicle may be defectively manufactured so that the brakes or tires fail, the seat back collapses, or the air bags fail to deploy. There are innumerable ways in which a defective automobile can be the primary or contributing cause of an accident, or cause injuries that are much more severe than if the car had been designed safely or manufactured correctly.
Products liability law extends to basically any product. Makers of appliances, power tools, and household cleaners must all ensure that their goods are safe to use for their intended purpose or any reasonably foreseeable purpose. Manufacturers can be held liable for injuries caused by defective products without having to prove negligence or fault on the part of the manufacturer. In addition to design and manufacturing defects, a product may also be considered defective if it does not contain adequate warnings or instructions about its safe use, such as how to use or operate the product, or what safety clothing to wear.
Our lawyers help with any type of personal injury accident arising out of negligence or wrongful conduct, including:
- Car Accidents
- Catastrophic Injuries
- Construction Site Accidents
- Dog Bites
- Medical Malpractice
- Motorcycle Accidents
- Products Liability
- Traumatic Brain Injuries
- Truck Accidents
- Workplace Injuries
- Wrongful Death
Seek Experienced Legal Representation
The insurance company may try to settle the case quickly with a cash offer. It is important to realize that insurance companies nearly always undervalue the worth of a claim and will initially offer far less than what the injured person deserves. When the insurance companies know that the injured person is represented by an experienced law firm with a track record of results in the courtroom, they are much less likely to try to “lowball” a settlement.
At Chudacoff, Friedman, Simon, Graff & Cherin, our lawyers have decades of experience trying personal injury cases in the courtrooms of Los Angeles and Kern County and throughout Southern California. We have the experience and record of success that enables us to negotiate a fair settlement quickly, and the skills and abilities to take a case to trial when necessary to obtain the best recovery. If you or a loved one has been injured in an automobile accident or other case of negligence or wrongful conduct, contact Chudacoff, Friedman, Simon, Graff & Cherin for a free consultation.