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5 Things You Didn’t Know About Filing a Lawsuit

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By Yosi Yahoudai
Founder and Managing Partner

Lawsuits are complicated by rules and regulations, and can quickly become protracted, costly legal battles bearing heavy emotional and financial burdens to the parties involved. This is especially true in congested California courts. 

If you are considering legal action, California personal injury attorneys advise there may be things you don’t know about filing a lawsuit, but which may prove helpful as you move through the process.  

Five Things You Didn’t Know About Filing a Lawsuit in California

1. You Don’t Need Money to File A Lawsuit

Many attorneys work on a contingency-fee-basis.  Under a contingency agreement, you will not be responsible for any upfront fees or costs during the process. 

When your case has been fully and successfully completed, based on your fee agreement, your attorney will usually receive either a percentage or a percentage plus of the financial award. 

2. You Must Notify the Other Party

Personal injury lawsuits must be filed within two years of the injury incident, and proper notification must be served on all parties involved. There are also different rules and timelines about lawsuits against government agencies than those against private parties.

Relying on experienced legal counsel is essential to preserve your right to file a lawsuit and ensure all rules and timelines are met. Failure to properly notify the defendant(s) within the legal time frames can result in your lawsuit being dismissed by the court. 

3. Your Lawsuit Probably Won’t Go to Trial

A majority of lawsuits are negotiated or settled before trial. Litigation is costly to all parties, and it is in the best interests of all involved to reach an agreement for compensation outside of court.  

4. You are Generally Battling Big Insurance

Individuals and companies pay monthly premiums for insurance coverage against accidents, injury, and property loss.  However, insurance companies are in the business of making money, not helping people. 

When faced with a claim and potentially large payout, resistance will come from the insurance company, and that is who you are ultimately battling. 

Your injury attorney should be comfortable navigating insurance claims and litigating against big insurance’s bad faith practices.

5. You May Not be Able to Collect

Of critical importance when deciding to move forward with your claim will be the ability to collect damages.  

If you are filing a suit against an entity that cannot pay damages, your energies and resources will be wasted.  

Contact a California Personal Injury Attorney

Personal injury attorneys help victims of property damage, injury accidents, and wrongful death recover damages and hold at-fault parties accountable. While the process is complex, an experienced injury lawyer will be able to navigate your case’s intricacies and work to recover maximum compensation on your behalf.

If you or a loved one has suffered due to someone else’s negligence in California, talk to an experienced California personal injury attorney for a complete review of your case. Contact our office today.  

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.