Involved in a Los Angeles Car Accident? Top 5 Reasons Not to Sue

December 30, 2013

Ellis Law Corporation

Auto Accident

In the confusing and heated moments following a car accident, victims may feel pressured to take legal action in the hopes of recovering some measure of justice along with fair compensation. However, there are instances where filing a lawsuit may not be merited or the best course of action.

As always, it’s prudent to first speak with an attorney about filing a Los Angeles car accident lawsuit, to review the facts of the car accident, and weigh the relative risks and benefits of taking legal action.

5 reasons you may not want to sue

Auto accidents in the LA metro area are on the rise, and often leave victims with catastrophic injuries. If you’ve been involved in a crash and are contemplating suing, consider these points first:

  1. You did not suffer any personal injuries:  Following an auto accident in LA, there are two types of actions that can be brought: one for property damage to the car, and another for personal injury. If you weren’t harmed during the collision, you’d lack the basis for filing a personal injury lawsuit to seek damages for the physical injuries you incurred along with related medical expenses, income loss and potential lost future earnings.
  2. The statute of limitations has expired: In California, you have a limited amount of time from the date of the accident in which you can file a lawsuit. Known as a statute of limitations, this period is set at two years, and if you don’t sue within that period you lose all rights to take legal action in the future.
  3. You haven’t yet recovered from serious injuries: Recovery from car accident injuries can be a costly and lengthy process.  Before filing and settling your lawsuit, be certain that you and your doctors have a detailed treatment plan in place before attempting to recover damages. An experienced auto accident lawyer will consult with your health care providers to assess the type and cost of future care to better quantify your damages claim.
  4. You don’t have a good auto accident lawyer: Choosing legal counsel is one of the most important decisions you’ll make, as a good attorney can mean the difference between securing maximum damages or nothing at all. Make sure your lawyer has an established history of winning previous car accident lawsuits and can argue your case before a jury, if settlement negotiations fail.
  5. Your actions contributed to the car accident: While you may believe your driving was partly to blame, California law may still afford grounds for legal recourse. If the other driver who caused your injuries and financial losses was found to be negligent, you may be entitled to collect compensation, though the total amount may be lowered if you were also careless.

Ask a Los Angeles car accident lawyer whether it’s time to sue

The Ellis Law Firm’s experienced California car accident lawyers understand the emotional and financial hardships that plague victims of motor vehicle accidents. Whether or not to take legal action in the aftermath of your ordeal can be an overwhelming decision, but you don’t have to make it alone. Trust our veteran legal team to determine if you have a valid case and let us us file the claim for you. We offer free consultations to all California residents; simply call 310-641-3335 to set up your confidential case review today.

Damages recovered in a successful Los Angeles car accident lawsuit can help mitigate the economic burdens associated with medical bills, lost wages, diminished earning capacity and property damage. Whether you were involved in a rear-end accident, a head-on collision, or a multi-car crash, retaining legal representation is always the best course of action to protect your rights. Our veteran attorneys are well-versed in insurance tactics and CA laws – we’re prepared to fight for the compensation you deserve.