Does Every Car Accident Give Rise to a Personal Injury Lawsuit?

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By Yosi Yahoudai
Founder and Managing Partner

Although it may seem like every accident results in a personal injury lawsuit, reputable and experienced car accident attorneys know that each accident scenario is unique and that many factors must be weighed when determining whether to move forward with a lawsuit or except an insurance company settlement.

It is never in a victim’s best interest to except an insurance settlement without first consulting with an attorney. Because insurance companies are in business to make money, they may offer a quick settlement to avoid any more costly payment once a lawyer gets involved.

While you may be understandably shaken immediately after the car accident, the sooner you consult an attorney, the better. An experienced personal injury attorney will guide you and prevent you from making statements that may be against your best interest. In addition, s/he will preserve evidence and interview witnesses as part of an investigation to establish liability for the accident. Further, your attorney works to collect your medical records, document your injuries, and communicate with the insurance company to maximize your financial recovery whether through a generous settlement or litigation if necessary, depending upon the circumstances of your particular case.

In order to prevail in a personal injury action, you must prove that you were injured and that your injuries were caused as a result of the negligent, reckless or intentional actions or inactions of someone else. In order to establish liability, it must be determined which driver was at fault for the accident and, if more than one driver contributed to the accident, then a determination of each party’s percentage of fault must be determined. That’s why it’s important to have an attorney involved as soon as possible in the investigation.

Recently, a “very pregnant “celebrity singer was involved in a car accident which the singer’s representative alleges was the fault of the other driver. Reportedly the singer, her unborn baby, and the other driver were not seriously hurt.  It is unknown whether either party will pursue a claim for property damage or other damages against the other. Sometimes serious injuries do not manifest themselves immediately following the accident.

If you’ve been injured in a car accident in California, you may be entitled to recover your medical expenses, future medical expenses, lost wages, property damage, pain and suffering, emotional distress, and more depending on the circumstances. The personal injury Law Firm of J&Y has extensive experience in personal injury claims resulting from automobile accidents and can help maximize your recovery. Call us at 888-806-6722 for a free evaluation of your claim.

With 21 offices throughout California, including our headquarters in Los Angeles, we represent car accident victims throughout the state.

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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.