OTHER INJURY CASES

A PERSONAL INJURY ATTORNEY WITH BROAD AND DIVERSE EXPERIENCE.

Have you been injured by someone else’s negligent or intentionally harmful actions?  If you or a loved one have sustained injuries as a result of a preventable accident, you may be entitled to receive compensation for your injuries.  

At Prosmushkin and Davis, P.C., our team of attorneys have experience handling a diverse set of personal injury cases.  Whether you have been in a minor fender bender or have a wrongful death claim, the attorneys at Prosmushkin and Davis, P.C. have decades of experience achieving successful outcomes for clients.

With over 25 years of combined legal experience and many satisfied clients, you can be sure that your case will be handled with the utmost care.  If you are unsure about whether you have a viable personal injury claim, you should contact Prosmushkin and Davis, P.C., to set up a free consultation today.

OUR ATTORNEYS DEAL WITH A WIDE ARRAY OF CASES INVOLVING ALL TYPES OF INJURIES.

We understand that every client’s personal injury claim is unique and has its own set of facts. The events leading up to and during the accident and the kinds of injuries you suffered will impact the type of evidence needed to bring a successful claim. It will also influence the strategy we will utilize in dealing with the opposing party.

Here are some of the types of personal injury cases that we have dealt with:

  • Burn Injuries: This may include burns caused by an automobile accident, chemical burns, burns due to a gas explosion, or electrical burns, among other things. You may be able to recover compensation for medical bills, permanent scarring or disfigurement, lost wages, and more.
  • Dog Bites: There is strict liability for dog bites in California, meaning that a dog owner may be held liable for a dog bite even if the animal has never bitten someone or acted aggressively before.
  • Traumatic Brain Injuries: The Centers for Disease Control and Prevention define Traumatic Brain Injury (TBI) as “ a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.”
  • Spinal Injuries: Spinal cord injuries are extremely debilitating and can often result in a lifetime of paralysis. Costs related to medical expenses and lifetime medical care range in the millions.
  • Mass Transit Accident: Train, plane, ferry and bus accidents happen all the time and can cause injuries that are severe and traumatizing to passengers on board. Companies that own and operate different modes of transportation may be held liable if they did not properly provide appropriate maintenance for their vehicles. Alternatively, a manufacturer may be held liable if the accident was due to some design or manufacturing defect.
  • Wrongful Death: When a person dies as the result of another entity’s negligence, a surviving family member may bring a wrongful death claim on the decedent’s (person who has died) behalf if the decedent would have been able to bring the personal injury claim had they lived.
  • Psychological Injuries: Victims are usually blindsided by an accident.  They never see it coming. Unexpected accidents are among the leading causes of post-traumatic stress disorder (PTSD), depression, and other emotional disturbances. These kinds of injuries can be just as severe as physical injuries.
  • Airbnb Accident: When an accident occurs on the property of an Airbnb host, the victim may be able to recover from the property owner directly or from Airbnb, depending on the circumstances.
  • Amusement Park Accident: Millions of people visit amusement parks across the United States every year. Owners of amusement parks, manufacturers, and operators have a duty of care to patrons to keep parks and their rides in a reasonably safe condition. If a party breaches this duty of care they may be liable for damages
  • Rideshare Accidents: If you have been injured while using a rideshare car through Uber or Lyft you may have a claim under one or more theories of liability, and may be able to obtain compensation.

HOW CAN A LAWYER PROVE MY PERSONAL INJURY CASE?

A lawyer can utilize multiple theories of liability to help you get compensation for your injuries. It all depends on the facts of the individual’s circumstances. It also depends on whether the other party intentionally or unintentionally caused the victim’s harm. Furthermore, whether the injury was the result of a plaintiff engaging in abnormally dangerous activity or due to a faulty product will also factor into the legal strategy.

In most cases, where harm is unintentional, lawyers will argue that the other party was negligent. To show negligence, the injured party must satisfy five elements:

  • Duty: A person ordinarily has a duty to exercise reasonable care that would be expected of a prudent person engaged in the same or similar activities.
  • Breach: A breach is a violation of law or duty. Someone breaches their duty when they break a law (negligence per se) or fails to comport themselves in a manner that meets the duty of reasonable care under the circumstances.
  • Actual Cause: Tortious conduct must actually be the cause of the harm in order for liability to be imposed. In other words, if not for the conduct of the other party, the injured party would have never been injured.
  • Proximate Cause: An actor’s liability is limited to those harms that foreseeably resulted from their conduct.
  • Damages: Damages must have occurred as a result of the other party’s negligence. This may include economic damages, non-economic damages, and, in some cases, exemplary (punitive) damages.

Alternatively, we may pursue a theory of strict liability if the other party is the manufacturer or designer of a faulty product, or if the other party was engaged in an abnormally dangerous activity. If a person suffers physical or emotional harm as the result of making contact with or coming into proximity with an abnormally dangerous activity or a defective product, then they may be able to bring a claim based on strict liability.

CHOOSE THE PERSONAL INJURY ATTORNEY

A lawyer can utilize multiple theories of liability to help you get compensation for your injuries. It all depends on the facts of the individual’s circumstances. It also depends on whether the other party intentionally or unintentionally caused the victim’s harm. Furthermore, whether the injury was the result of a plaintiff engaging in abnormally dangerous activity or due to a faulty product will also factor into the legal strategy.

(323) 366-4126