Filing A Lawsuit

Step 5 of 8 · Our Process

If the insurance company’s offer is unreasonable, we file a lawsuit on your behalf. Filing suit puts pressure on the insurer, gives us powerful tools to gather evidence, and often leads to a higher settlement.

How a lawsuit begins

  • The complaint. We prepare and file a complaint in California Superior Court, usually in Los Angeles County, describing what happened, why the defendant is responsible and the damages you suffered.
  • Service. The defendant is formally served with the summons and complaint.
  • The answer. The defendant generally has 30 days after service to respond. In most cases the insurance company hires a defense lawyer to represent its insured driver.

Deadlines

In most California personal injury cases, the lawsuit must be filed within two years of the injury (Code of Civil Procedure § 335.1). Claims against a government entity require a written claim within six months before a lawsuit can be filed. We track these deadlines from day one.

Who pays the costs

Litigation involves filing fees, deposition costs and expert witness fees. Our law firm advances these costs, so you do not pay out of pocket. They are reimbursed from the settlement or verdict at the end of the case.

Does filing mean going to trial?

No. Most lawsuits still settle, often after key depositions or at mediation. Filing simply shows the insurance company that we are prepared to take your case all the way if it will not pay fair value.

What you can do

  • Keep all documents related to your case and let us know about any changes in your health or work.
  • Avoid discussing the case with anyone other than your attorneys.
  • Stay reachable. Court deadlines move quickly once a case is filed.

Hurt in an accident?

Talk with the Law Office of Sean Keshishyan about your case. Consultations are free, and we handle personal injury cases on a contingency fee basis: you pay no attorney fees unless we recover compensation for you.

Request a Free Consultation or call (818) 246-6934
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In An Emergency
In Case Of Arrest
Be sure not to do:
  1. Don’t resist, argue or run, even if you believe the arrest is unfair.
  2. Don’t answer questions about the incident without a lawyer present.
  3. Don’t consent to a search of your car, phone or home.
  4. Don’t discuss your case on the phone from jail or on social media.
It is important to do the following:
  1. Stay calm and keep your hands visible.
  2. Say clearly: “I am going to remain silent. I want a lawyer.”
  3. Remember the officers’ names and badge numbers.
  4. Contact an attorney and a family member as soon as possible.
In Case Of A Car Accident
Be sure not to do:
  1. Don’t leave the scene before police arrive or information is exchanged.
  2. Don’t admit fault or apologize for the accident.
  3. Don’t give a recorded statement to the other driver’s insurance company.
  4. Don’t post about the accident on social media.
It is important to do the following:
  1. Call 911 and get medical attention, even if you feel fine.
  2. Take photos of the vehicles, the scene and your injuries.
  3. Exchange insurance information and get witness contacts.
  4. Report the accident to your insurer and speak with a lawyer.
In Case Of Attempt To Seize Property
Be sure not to do:
  1. Don’t ignore court papers, levy notices or garnishment orders.
  2. Don’t hide, transfer or sell property to avoid creditors.
  3. Don’t physically block anyone serving legal documents or a court order.
  4. Don’t sign anything you don’t understand.
It is important to do the following:
  1. Ask for a copy of the court order or notice.
  2. Write down deadlines and keep all paperwork.
  3. Contact an attorney right away. Bankruptcy’s automatic stay can stop many collection actions.
  4. Keep records of your income, debts and assets.
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