FAQs

General

How much do you charge?

Our firm is a contingency fee-based practice which means that our clients pay no attorneys’ fees unless and until we recover for them. No recovery, No Charge.

What is personal injury?

Personal injury is defined as an accident causing bodily injury that is caused by another person’s negligence. Personal injuries may result from a range of accidents. For instance, they may result from motor vehicle accidents, slip and fall accidents, dog bite accidents, intentional injury accidents, plane accidents, bus accidents or construction accidents, among other accidents. In addition, medical malpractice, defective products or contamination fall under the personal injury category.

Why do I need an attorney?

You need an attorney in order to preserve your rights and make sure that you receive just compensation for your injuries that arose out of your accident. Although insurance companies, even your own, may act nice and cooperative in the beginning, without an attorney, you won’t receive the maximum settlement for your claim. They will try to discount your medical expenses and “nickel and dime” you. After all, they’re only concerned with one thing: paying out the least amount of money possible. Many of our clients have tried to handle their own claims, even after a free consultation from us, and ultimately ended up hiring us to handle their claim.

If you were injured at the fault of someone else, you deserve fair compensation. Contact Javaheri & Yahoudai to speak with an experienced personal injury attorney who will fight for you. Time is very important in personal injury lawsuits, so don’t wait. Take the first step right now by calling 877-735-7035 to get started. You’ve already been through enough stress with your personal injury. Stop worrying about medical bills, car/property damage, and loss of wages on top of legal paperwork. Get Javaheri & Yahoudai on your side today.

What’s my case worth?

At Javaheri & Yahoudai, we strive to be honest with our clients about all aspects of their claims. At the outset of any claim, it is impossible to determine the value of one’s case given the number of unknown variables. Even giving an estimate wouldn’t be honest and truthful. However, as the claim progresses, we will be able to better evaluate the value of your claim as certain unknowns become known. The value of your personal injury lawsuit will depend on the details of how you received the injuries, the extent of your injuries, the ability to prove your injuries and the extent of insurance company negotiation. Please contact us for a free consultation to discuss your case in detail.

Should I only hire an attorney if I want to or need to file a lawsuit?

Absolutely not. The first thing that’s done after an accident is that a claim is filed with the involved insurance companies. It is very important for you to hire an attorney as soon as possible after your accident to make sure you preserve your rights and not to do anything that would be detrimental to your claim. By having an experienced personal injury attorney on your side, you’ll greatly increase the chances of reaching a settlement without having to file a lawsuit.

What types of compensation am I entitled to as a result of my personal injury?

You may receive compensation for past and future medical expenses, pain and suffering, emotional distress, loss of earnings, property damage, and for other expenses you incurred. In the case of wrongful death, the family may receive an amount to cover the loss of future income as well as loss of companionship. As part of our service, we will discuss in detail an amount of compensation that you deserve and that we will fight for to obtain.

How long will it take to recover damages? How long will the case take?

There is no quick answer to these questions. Cases can take anywhere from a few months to years, depending on the case and the parties involved. Our firm is dedicated to your case and will take the time necessary to ensure that you receive all that you deserve, even if it does take years. We will take care of as much of the process as possible, so you don’t have to lose valuable time and can focus on your medical treatment and recovering.

What kind of coverages do I have under my auto insurance policy?

Under an auto insurance policy, the following are the coverages available to California drivers:

1) Liability: coverage to protect against claims alleging that one’s negligence or inappropriate action resulted in bodily injury or property damage.

2) Collision: coverage for an insured’s vehicle that is involved in an accident, subject to a deductible. This coverage is designed to provide payments to repair the damaged vehicle, or payment of the cash value of the vehicle if it is not repairable (totaled). Collision coverage is optional; however if you plan on financing a car or taking a car loan, the lender will usually insist you carry collision for the finance term or until the insured’s car is paid off. Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) is the term used by rental car companies for collision coverage.

3) Comprehensive: provides coverage, subject to a deductible, for an insured’s vehicle that is damaged by incidents that are not considered Collisions. For example, fire, theft (or attempted theft), vandalism, weather, or impacts with animals are types of Comprehensive losses.

4) Uninsured Motorist/Underinsured Motorist coverage: also known as UM/UIM, provides coverage if an at-fault party either does not have insurance, or does not have enough insurance under their policy limits to cover your damages. This coverage is often overlooked, but it is very important. According to the Insurance Research Council, almost 20 percent of California motorists do not have any insurance, making California the seventh-highest state in the nation when it comes to uninsured motorists. Unfortunately, this number goes up significantly during recessions. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) is coverage you buy from your own insurance company. It pays for your past and future medical expenses, pain and suffering, loss of earnings, and your property damage.  The best thing about it is that it covers both you and your passengers, and it covers you whether you are a driver, passenger, or pedestrian.  It’s very comprehensive and will cover you and your loved ones in most cases.  And it shouldn’t cost much more than you already pay if you don’t have it on your policy.  California law does not require that you have uninsured/underinsured motorist coverage, but it is definitely something your insurance policy should have. If you do not have uninsured motorist coverage and get into an accident caused by an uninsured motorist, then you’re most likely going to have to pay for your damages (i.e. medical expenses, car repairs, rental car bill, etc.) out of your own pocket.

5) Loss of Use: Also known as rental coverage, provides reimbursement for rental expenses associated with having an insured vehicle repaired due to a covered loss.

6) GAP Insurance: Also known as Loan/lease payoff coverage, or GAP coverage, was established in the early 1980s to provide protection to consumers based upon buying and market trends. Due to the sharp decline in value immediately following purchase, there is generally a period in which the amount owed on the car loan exceeds the value of the vehicle, which is called “upside-down” or negative equity. Thus, if the vehicle is damaged beyond economical repair at this point, the owner will still owe potentially thousands of dollars on the loan. The escalating price of cars, longer-term auto loans, and the increasing popularity of leasing gave birth to GAP protection. GAP waivers provide protection for consumers when a “gap” exists between the actual value of their vehicle and the amount of money owed to the bank or leasing company. In many instances, this insurance will also pay the deductible on the primary insurance policy. These policies are often offered at auto dealerships as a comparatively low cost add-on to the car loan that provides coverage for the duration of the loan. GAP Insurance does not always pay off the full loan value however. These cases include but are not limited to: 1. Any unpaid delinquent payments due at the time of loss; 2. Payment deferrals or extensions (commonly called skips or skip a payment); 3. Refinancing of the vehicle loan after the policy was purchased; or 4. Late fees or other administrative fees assessed after loan commencement. Therefore, it is important for a policy holder to understand that they may still owe on the loan even though the GAP policy was purchased. Failure to understand this can result in the lender continuing their legal remedies to collect the balance and the potential of damaged credit.

7) Towing coverage is also known as Roadside Assistance coverage, covers the cost of a tow that is related to an accident.

8) Personal Property: Personal items in a vehicle that are damaged due to an accident are not covered under an automobile insurance policy. Any type of property that is not attached to the vehicle should be claimed under a homeowners or renters policy. However, some insurance companies will cover unattached GPS devices intended for automobile use.

Do personal injury cases have to go to court?

No, they do not. Usually, personal injury cases can be settled out of court. However, our firm is well prepared to take a negligent person or company to court if they do not give our client the amount that we feel our client is entitled to.

How does my insurance company calculate an initial offer?

Many insurance companies have a base equation which takes into account your accident circumstances. This initial amount is usually insufficient. Thus, victims should not seek to close their case too quickly, but consult a personal injury lawyer to receive a fair offer. At Javaheri & Yahoudai, we make it our priority to ensure that the insurance companies treat you fairly, that they not undervalue your case, and that you will ultimately receive a favorable settlement.

Auto Accident

I was involved in a car accident. Who determines who is at fault for the accident?

Sometimes, the responsible party is obvious. Witnesses, damage, and statements can easily determine fault. However, in some cases, responsibility is not clear. Experts and investigators must evaluate the case and different sides may come up with different answers. In this case, the victim needs to build a strong case and will need legal assistance to do this. We can provide not only assistance, but resources, knowledge and effort, to ensure that you receive fair treatment.

What do I do if the other party asks for my medical records?

Do not release your medical records without consulting your personal injury lawyer. There is a strict protocol insurance companies must follow.

Is it necessary that I see a doctor following an accident?

Yes. You must see one as soon as possible. Many physical injuries are not detectable to an individual until a few hours or even days have gone by. This does not mean that a doctor cannot detect these injuries earlier and prevent more serious issues from arising.

What if the accident was partly my fault?

Firstly, never admit fault following an accident. Immediately following your accident, you may be confused or in shock. You may believe something to be the cause when it actually wasn’t. An investigation must ensue to determine fault. Even if you feel you may be at fault, a judge or jury can determine who is liable for damages. Call us for a free consultation to go over the facts of your case and to determine who was truly at fault in your accident.

What if the police report puts me at fault?

Just because a police report puts you at fault does not necessarily mean that you are truly at fault. We have represented many clients who were initially put at fault in the police report, yet after retaining our office, we were able to settle the case favorably. In order to truly understand the issues of your case, contact our office for a free consultation to speak with one of our experienced personal injury attorneys.

Do you make house calls?

We understand the difficulty of getting around in California. Our attorneys routinely make house calls. We have flexible after hour and weekend appointments available. Just call to schedule an appointment.

Motorcycle Accident

If I am involved in a motorcycle accident, what kind of compensation is possible?

Repair and medical costs, loss of income, pain and suffering, among others.

Premise Liability

What are some signs of “unsafe” premises or “unreasonable” maintenance?

Examples of unsafe premises include obstacles in walkways, loose rocks, wet areas, low or no lighting, broken glass, and an unsafe balcony. There are many other specific examples of unsafe premises – these are a just a few common examples. Most of these indicate that the property owner does not take time to ensure safety on his property.

How is fault determined in a slip and fall accident?

If you are injured in a slip and fall accident, you should consider your own actions at the time of the accident. However, we ask that you do not talk to the property owner’s insurance company without consulting a personal injury lawyer. In some cases, victims of slip and fall accidents think they should have been more careful. However, the property owner may be fully to blame.

Plane Accident

Who investigates plane accidents?

There are several entities engaged in plane accident investigation. Investigators work with the National Transportation Safety Board (NTSB), the Federal Aviation Association, the Federal Bureau of Investigation, and police departments among others. They will work together to determine to sequence of events, causes and what actions should be taken.

Regarding plane accident litigation, what does “statute of repose” mean?

It is the time limit allowed to file an aviation lawsuit.

What should I expect following a plane accident?

A plane accident may take the form of a crash, malfunction, emergency landing, etc. The pilot(s) of the plane must notify the NTSB and submit a written report within ten days.

Why would I need an attorney?

NTSB’s primary goal is preventing future situations similar to the plane accident that you were involved in and determine disciplinary action. However, they are not there to ensure that you receive compensations for expenses incurred. The experienced personal injury attorneys at Javaheri & Yahoudai will address your claims and needs for compensation.

Boat Accident

What can cause a boat accident?

Factors can include speeding, intoxication of the driver, inexperience, equipment malfunction, and dangerous conditions among other factors.

When is an official accident report required?

When there is serious injury, death or significant material damage. Other situations requiring an accident report include a totaled watercraft, a capsized craft, a person overboard, boat collision, fire or explosion on board, if a boat sinks, a lost boat, or if a person or boat disappears.

What about alcohol?

Alcohol is a contributor in 1/3 of recreation boating accidents. Although drunk automobile driving is more strictly enforced, operating a watercraft under the influence is just as, if not more, dangerous. Driving a boat while intoxicated is still a crime.

Why do I need an attorney?

You need an attorney in order to preserve your rights and make sure that you receive just compensation for your injuries that arose out of your accident. Please contact us for a free consultation to discuss your case in detail.

What’s my case worth?

Please contact us for a free consultation to discuss your case in detail.

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