Chavez & Gertler LLP | Personal Injury

Personal Injury

Chavez & Gertler also has a leading personal injury practice. The firm represents individuals who have been seriously harmed in accidents as a result of negligent conduct. Over the past decade, the firm has achieved a series of multimillion dollar verdicts and settlements for its clients. These cases not only provide compensation for victims and their families, but have the promise of bringing change, such as safer working conditions for many others.

Recently, the firm won a major trial victory against Burlington Northern, one of the largest railroads in the nation. The case arose from a collision at a railroad crossing between a train and a utility truck driver. The driver suffered traumatic brain damage and spinal fractures. The trial, which was handled by Chavez & Gertler partner Jonathan Gertler, lasted about nine weeks.
The jury found that the railroad was negligent in causing the collision at an unmarked and unsafe railroad crossing, and rendered a total verdict of almost $9 million. The jury also found that the railroad acted despicably, and ordered it to pay $2 million in punishment or punitive damages for consciously disregarding the safety of the public. At the end of the trial, a railroad executive agreed in open court to inspect all 10,000 or so of its private railroad crossings to make sure they are not unsafe and make them safe where necessary. Pietrowski v. BNSF RR, Case No. C 02-00335 (Contra Costa County Superior Court).

If you or a family member has suffered a serious injury as a result of negligence or other improper conduct, please contact us.

Recent Successes

Chavez & Gertler Protects Rights of Californians to Sue for Denial of Medical Coverage
California Court of Appeal upholds consumers' right to bring class claims against Kaiser for denial of benefits for autism: Court of Appeal affirms the right of consumers to bring class action lawsuits against health plans that systematically deny benefits for covered medical conditions such as autism spectrum disorders ("ASD")
Permanent Injunction Protects Rights of California's Youth
Illegal conditions at juvenile halls ended: California county juvenile halls must close down if they fail to meet minimum state standards.
Hole-in-One for Disabled and Senior Golfers
Judge rules that Marriott violated ADA: Ruling that Marriott violated the ADA, California Disabled Persons Act, and the Unruh Act by refusing to provide accessible golf carts to golfers with mobility impairments.

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Current Cases

Pennington v. Apple, Inc.: Practice of denying warranty service on iPhones on the pretext of water damage challenged in class action.
Yancy v. DeCarli's Petaluma Butane Distibutors, Inc.: Class action suit alleging deceptive billing practices in the sale of propane to households in the northwestern San Francisco Bay Area.
Richardson v. Wells Fargo Bank N.A. and Wells Fargo Financial California, Inc.: Class action suit challenging Wells Fargo's compliance with the Rees-Levering Automobile Sales Finance Act.

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Investigations

Unlawful U-Haul Charges and Fees: Chavez & Gertler attorneys are currently investigating the propriety of certain charges and fees imposed by U-Haul on its customers in California.
Unlawful Collection by Automobile Lenders: Chavez & Gertler attorneys represent care and truck owners whose vehicles have been repossessed and who have been improperly assessed deficiency balances after the sale of their vehicle in violation of the Rees-Levering Automobile Sales Finance Act.
MetroPCS Billing Practices: Chavez & Gertler attorneys are currently investigating consumer complaints regarding MetroPCS's billing and termination practices.

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