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Most car accident claims are settled out of court—and for good reason. Trials are time-consuming, expensive, and emotionally taxing. But sometimes, settling is not the right move—especially when the insurance company undervalues your injuries or outright denies your claim. At AK Injury Law Firm, we believe in smart strategy over blind aggression. Led by Dr. Azadeh Keshavarz, a former chiropractor turned powerful personal injury attorney, our team evaluates every case not just for what it’s worth—but how it can be won. And sometimes, that means going to trial. So, when should you settle? And when is trial your best path to justice? Let’s break it down. The Settlement Process: Fast, Private, and Common Settlements are negotiated agreements between the injured party and the insurance company (or defendant) to resolve the case without going to court. Most personal injury claims settle because: They’re faster than trials They’re less costly They allow both parties to avoid the unpredictability of a jury However, convenience should never come at the cost of fairness. And that’s where many accident victims make their first mistake—accepting too little, too soon. Why Do So Many Lawyers Push for Settlements? Some law firms settle nearly all of their cases, regardless of merit or strategy. Why? They lack trial experience or courtroom confidence Trials require more time, staff, and preparation Quick settlements mean quicker attorney fees They assume you, the client, don’t want to go to trial But AK Injury Law Firm is different. We prepare every case as if it’s going to trial. Why? Because it gives us leverage in negotiations—and because some cases truly need to go to court to get the compensation our clients deserve. The Insurance Company’s Game: Delay, Deny, Underpay Insurers are not on your side. Their goal is to minimize payouts, and they use a variety of tactics to do just that: Delaying claims to wear you down Denying legitimate injuries Offering lowball settlements, especially early on Blaming you for the accident (even partially) Disputing the extent or cause of your injuries In these scenarios, settlement is not a resolution—it’s a surrender. At AK Injury Law, we don’t play their game. We build strong, fact-driven cases backed by medical knowledge, strategic arguments, and a readiness to fight in court if that’s what it takes. When Should a Car Accident Case Go to Trial? While every case is unique, there are clear indicators that going to trial may be the better path: 1. The Insurance Company Refuses to Offer a Fair Settlement If the insurer is offering a fraction of your case’s worth, trial becomes the smart response. For example: Your medical bills total $60,000 You’ve missed months of work You’re suffering ongoing pain and trauma But the insurer offers $30,000 to settle This is not negotiation—it’s exploitation. And we don’t accept it. By taking the case to trial, we put the decision in the hands of a jury, not an adjuster looking at a spreadsheet. 2. Liability Is Disputed If the other driver denies fault—or worse, tries to blame you—a trial may be necessary to prove what really happened. This is common in: Intersection accidents Multi-vehicle pileups Rear-end collisions where the lead driver stopped suddenly Motorcycle or pedestrian accidents In these situations, we use: Crash reconstruction experts Eyewitness testimony Dashcam or surveillance footage Cell phone data Police reports Our founder, Dr. Keshavarz, combines her medical knowledge and courtroom skill to show why your injuries happened, how they happened, and who is truly responsible. 3. Your Injuries Are Severe or Permanent High-damage cases often require trials because: The insurance company wants to avoid setting high precedents They doubt the extent or permanence of your injuries They suspect you’ll accept less out of desperation But serious cases—like spinal injuries, traumatic brain injuries, or long-term disability—demand serious compensation. At AK Injury Law, we don’t fold under pressure. We bring in: Medical specialists Economists to project future loss Vocational experts Lifecare planners This level of preparation positions us to present a compelling, strategic case to a jury when the insurer refuses to step up. 4. You’re Being Blamed for Your Injuries (Comparative Negligence) In California, your compensation is reduced based on your share of fault. Insurance companies love using this to shrink payouts. They may say: You were speeding You weren’t wearing a seatbelt You were distracted You didn’t seek treatment soon enough When blame is being unfairly placed on you, trial becomes the platform to clear your name and protect your claim. We build counter-narratives using: Expert medical opinions Precise timelines Photo and video evidence Witness corroboration We know how to dismantle insurer narratives—and convince juries to see the real story. 5. Bad Faith by the Insurance Company If the insurance company is acting in bad faith, meaning they: Deny claims without justification Refuse to communicate Alter or hide evidence Lie about coverage terms …then a lawsuit and trial may be necessary—not just to recover your damages, but to hold the insurer accountable for their misconduct. At AK Injury Law, we know the difference between a tough negotiation and a dirty game. We pursue bad faith claims aggressively when insurers cross the line. What to Expect if Your Case Goes to Trial Trial Timeline: Filing the lawsuit: Complaint and response Discovery: Gathering documents, depositions, evidence Motions and hearings: Legal arguments before the judge Trial: Jury selection, opening arguments, witness testimony, closing, and verdict This process can take months or even a year or more, depending on the complexity of the case and court availability. But when the stakes are high, and the other side won’t budge, it’s worth the time to get what you truly deserve. The Strategic Edge: Why AK Injury Law Is Built for Trial Most personal injury firms settle because they can’t—or won’t—go to trial. That’s where we’re different. Dr. Azadeh Keshavarz isn’t just an attorney—she’s a former doctor of chiropractic who understands your injuries from the inside out. Her unique background allows us to: Interpret and present medical records clearly Counter deceptive

Car accidents are rarely simple. In many cases, both drivers may share some level of blame. Maybe one driver was speeding, while the other ran a stop sign. In these gray areas, who pays—and how much—depends on California’s comparative negligence laws. At AK Injury Law Firm, we’ve helped countless clients recover compensation even when insurance companies tried to blame them for their own injuries. Dr. Azadeh Keshavarz, a former chiropractor and now a tenacious personal injury attorney, understands not only how injuries work—but how insurers twist facts to avoid paying what victims deserve. Breaks down how comparative negligence works in California, how it can affect your car accident settlement, and how smart legal strategy can make all the difference in your case. What Is Comparative Negligence? The Legal Concept Comparative negligence is a legal principle that allocates fault between parties in a car accident. Rather than assigning 100% blame to one side, the law acknowledges that multiple people can contribute to a crash—and still recover damages, even if they were partially at fault. California Uses “Pure” Comparative Negligence There are different versions of comparative negligence across the U.S., but California follows what’s called pure comparative negligence. This means: Even if you’re 99% at fault, you can still recover 1% of your damages from the other party. Let’s say your total damages are $100,000 and you were found to be 25% responsible. Under California’s system, your recovery would be reduced by that percentage—meaning you’d still receive $75,000. Why Insurance Companies Love Blaming the Victim Insurance companies are not in the business of fairness. The more fault they can shift to you, the less they have to pay. It’s that simple. We’ve seen insurers: Claim the victim “slammed on the brakes too suddenly” Argue a motorcyclist “should’ve anticipated the hazard” Say a pedestrian “wasn’t in a crosswalk” Suggest the driver “could’ve done more to avoid the crash” And in many cases, they succeed—unless you have someone on your side who knows exactly how to dismantle these arguments. That’s where AK Injury Law Firm comes in. With Dr. Keshavarz’s dual expertise in injury care and legal strategy, we can counter these tactics with fact-based, medically-informed arguments that strip the insurance companies of their leverage. Real-World Example: Comparative Negligence in Action Scenario: You’re driving through an intersection on a green light when another driver runs a red light and crashes into you. However, you were going 10 mph over the speed limit. What Happens: The other driver is clearly at fault for running the red light. But the insurer may argue that your speeding contributed to the severity of the crash. If the case goes to trial (or even in settlement negotiations), you could be found 20% at fault for speeding. If your total damages were $80,000, your award would be reduced by 20%, and you’d receive $64,000. Factors That Affect Comparative Fault in California Several variables come into play when determining comparative fault: 1. Speed Were you driving too fast for the conditions—even if not technically speeding? 2. Distractions Were you using your phone, adjusting the radio, or otherwise distracted? 3. Traffic Violations Did you roll through a stop sign, make an illegal turn, or forget to use a turn signal? 4. Impairment Were drugs, alcohol, or even fatigue involved? 5. Passenger or Pedestrian Behavior In some cases, passengers or pedestrians can be partially at fault if they were acting unsafely. At AK Injury Law, we break down every detail of your accident, gathering evidence, witness statements, dash cam footage, and expert analysis to minimize any attempt to unfairly place blame on you. How Comparative Negligence Impacts Settlements Insurance Adjusters Use It to Reduce Payouts Comparative negligence is one of the insurance industry’s favorite tools. If they can convince you—or a jury—that you share even partial blame, they reduce your compensation accordingly. Often, they’ll make statements like: “We agree their driver was mostly at fault, but you didn’t yield either.” “We’re offering you $15,000 instead of $50,000 because of your speeding.” “Your injuries could’ve been prevented if you were wearing your seatbelt.” Without strong legal representation, you might feel like you have no choice but to accept. But with AK Injury Law, we don’t accept assumptions. We investigate, challenge, and counter every claim—turning their argument on its head using a strategic, evidence-driven approach. Seatbelts and Comparative Fault: A Common Trap One common situation in comparative negligence claims is the failure to wear a seatbelt. California law requires all drivers and passengers to wear seatbelts, and not doing so can be used as a partial defense by the at-fault driver’s insurance company. Here’s What Happens: You suffer severe injuries in a crash caused entirely by the other driver. But you weren’t wearing your seatbelt. The insurer argues that your injuries were worse because of that choice—and reduces your payout accordingly. How We Defend Against It: We bring in biomechanical experts, accident reconstructionists, and medical specialists to show: Your injuries would have occurred regardless of a seatbelt. The severity wasn’t entirely due to seatbelt non-use. Other factors contributed more significantly to your injuries. This smart, data-backed defense can preserve thousands in compensation that would otherwise be lost to oversimplified blame. Comparative Negligence in Multi-Car Accidents Three-car pileups or chain-reaction collisions can involve multiple levels of fault. For example: Car A rear-ends Car B, pushing it into Car C. Car C sues Car B and A. Car B says Car A is mostly responsible. In such cases, each party’s percentage of fault is analyzed and assigned based on their role in the crash. It’s messy. It’s complicated. And insurance companies use that confusion to stall, shift blame, and minimize payouts. Our advantage at AK Injury Law Firm? We cut through the chaos. We map out liability clearly, push back on misdirection, and keep your claim on track for maximum results. What Evidence Helps Reduce Your Share of Fault? To minimize your assigned fault in a comparative negligence case, we gather and organize critical evidence such

Car accidents are chaotic. One moment you’re commuting or running errands—next, you’re facing pain, property damage, hospital visits, and relentless insurance adjusters. In this swirl of stress, many accident victims unknowingly make critical mistakes that severely damage their legal and financial outcomes. At AK Injury Law Firm, we’ve seen how innocent missteps—like talking too freely with an insurance company or delaying medical care—can cost victims tens of thousands of dollars. Our founder, Dr. Azadeh Keshavarz, brings a powerful dual perspective to personal injury law. As a former doctor of chiropractic, she’s treated accident victims firsthand. As an attorney, she knows exactly how insurance companies exploit your uncertainty. Let’s break down the top mistakes accident victims make—and how to avoid them using smart, strategic legal thinking. 1. Talking to the Insurance Company Without Legal Counsel The Mistake: Many people mistakenly assume the insurance company is there to help. They speak freely during calls, make casual comments like “I’m feeling better,” or provide recorded statements—thinking they’re simply cooperating. Why It’s Dangerous: Insurance adjusters are trained to minimize payouts. Anything you say—no matter how harmless it sounds—can and will be used against you later. Even a small contradiction in your statement can be twisted to devalue your injuries. What to Do Instead: Politely decline to make a recorded statement. Refer all communication to your attorney. Let a strategic legal team like AK Injury Law handle the insurance conversations for you. We don’t just push paperwork—we anticipate their moves and outsmart them at every turn. 2. Delaying Medical Treatment The Mistake: Many accident victims don’t feel pain right away. They might skip the ER or delay seeing a doctor, hoping it’ll pass. Others don’t want to “overreact” or worry about medical bills. Why It’s Dangerous: Insurance companies use delays to question the legitimacy of your injuries. If there’s a gap between the accident and your first medical visit, they’ll argue that your injuries aren’t related or aren’t serious. What to Do Instead: Get checked out immediately—even if you feel okay. Injuries like whiplash, concussions, or soft tissue damage often show symptoms days later. At AK Injury Law, Dr. Keshavarz’s medical background ensures we understand and can fully document these “invisible injuries” that insurers try to ignore. 3. Posting on Social Media The Mistake: In today’s world, it’s instinctual to share life updates. You might post a photo at a party or write, “Feeling better!” to reassure friends and family. Why It’s Dangerous: Insurance investigators monitor your social media. A single photo, check-in, or comment—even taken out of context—can be used to claim you’re not injured or exaggerating your pain. What to Do Instead: Go quiet. Temporarily pause posting or set your profiles to private. Do not accept friend requests from people you don’t know. And most importantly, never discuss your accident or recovery online. 4. Accepting the First Settlement Offer The Mistake: You get a call or letter with a settlement offer. It sounds like decent money, and you’re tempted to “get it over with” so you can move on. Why It’s Dangerous: The first offer is almost always a lowball. It won’t account for long-term medical needs, future therapy, lost earning potential, or pain and suffering. Once you sign, you waive your right to future compensation—even if your condition worsens. What to Do Instead: Never accept an offer without reviewing it with a skilled personal injury attorney. At AK Injury Law, we assess the full scope of damages—both immediate and long-term—and strategically negotiate for what you truly deserve. 5. Not Documenting the Scene or Injuries Properly The Mistake: In the aftermath of a crash, many victims forget to collect evidence. They may leave without taking photos, don’t get the contact info of witnesses, or fail to note road conditions and traffic signs. Why It’s Dangerous: Memories fade and evidence disappears quickly. Without photos, videos, or documentation, it becomes your word against theirs—a position insurers love. What to Do Instead: If you’re able, document everything at the scene: Take photos of all vehicles, damage, road conditions, and injuries. Get names and contact info for any witnesses. Ask for a copy of the police report. If you’re too injured to gather info, contact an attorney immediately. At AK Injury Law, we move fast to secure evidence, interview witnesses, and reconstruct the scene if necessary. 6. Failing to Follow Medical Advice The Mistake: Some victims stop going to physical therapy or skip follow-up appointments—either because they’re feeling better or due to inconvenience or cost. Why It’s Dangerous: When you skip treatment, insurance companies argue that your injuries aren’t serious or that you made them worse by not following your doctor’s recommendations. What to Do Instead: Stick with your treatment plan and keep all medical appointments. Consistency in care strengthens your case. At AK Injury Law, we help clients coordinate ongoing care and ensure their treatment is well documented in ways insurance companies can’t dispute. 7. Thinking You Don’t Need a Lawyer The Mistake: Some people assume they can handle the claim themselves or think lawyers are too expensive. Others feel they don’t have a “big enough” case to warrant representation. Why It’s Dangerous: Personal injury law is complex. Insurance companies bank on the fact that you’re unrepresented—because they know they can settle for less and keep you in the dark about your rights. What to Do Instead: Consult with an attorney right away. At AK Injury Law, we offer free consultations, and you don’t pay us unless we win your case. Our strategic, client-first approach ensures every case—big or small—is treated with the attention and precision it deserves. 8. Underestimating the Long-Term Impact The Mistake: Some victims focus only on today’s bills, failing to consider future issues like: Chronic pain Mobility loss PTSD or emotional trauma Long-term disability Job loss or reduced earning potential Why It’s Dangerous: A rushed or undervalued settlement can’t be reopened. Once you accept it, it’s final—even if you face complications later. What to Do Instead: Think long-term. AK Injury Law

After a car accident, emotions are high, medical bills are piling up, and your phone might ring with what seems like good news—an insurance company wants to offer you a settlement. It might feel like a lifeline, a chance to just move on. But here’s the truth: that first offer isn’t a gift. It’s a strategy. Insurance companies don’t exist to take care of you. They exist to protect their bottom line. The faster they can close your case, the less they have to pay—and the less time you have to realize what your case is actually worth. This is where smart legal strategy becomes critical. At AK Injury Law Firm, we’ve seen how insurance companies operate, and we know how to outthink, outfight, and outwin them. But before we talk about how, let’s break down why the first offer should never be trusted. 1. The First Offer Is Almost Always a Lowball It’s Part of Their Playbook Insurance adjusters are trained to settle claims quickly and cheaply. They know that accident victims are vulnerable—emotionally shaken, often financially stressed, and overwhelmed by medical care. Their goal? To get you to sign away your rights for pennies on the dollar before you speak to an attorney. Quick Settlements = Big Profits for Them Most first offers don’t even come close to covering: Long-term medical treatment Physical therapy Lost wages and diminished earning capacity Pain and suffering Emotional trauma Future complications In other words, that check in your hand might feel like a win—but in reality, it could cost you tens of thousands of dollars in the long run. 2. You May Not Yet Know the Full Extent of Your Injuries Injuries Can Evolve Over Time Not all injuries show symptoms right away. A neck sprain, spinal issue, or internal injury might not fully present for days—or even weeks. Settling too early closes the door on future medical costs. Once You Sign, You Can’t Go Back Most settlement agreements include a clause that waives your right to pursue additional compensation—even if your condition worsens or new injuries surface. That’s permanent. That’s why waiting and getting a full medical picture is essential before accepting any offer. 3. They Know You Don’t Have Legal Backup (Yet) Insurance Adjusters Are Not Your Advocates The person on the other end of the phone may sound kind and supportive, but make no mistake: they are not your friend. Their job is to save their company money. When you don’t have an attorney, they know you’re easier to manipulate. They’re betting on one thing: that you don’t know what your case is worth. You’re Up Against Professionals—You Need One Too While you’re trying to heal and juggle life, they’re consulting lawyers, medical consultants, and actuaries. You’re not on an even playing field—unless you have someone like Dr. Azadeh Keshavarz on your side, a former doctor who understands both injury medicine and legal strategy inside and out. 4. Your Medical Bills May Not Be Final Emergency Room Visits Are Just the Beginning An initial hospital visit, X-rays, and prescriptions are often just the surface of what you’ll need. You might require: Ongoing chiropractic care MRIs and imaging Surgery or injections Mental health support (especially for PTSD or anxiety) Future medical evaluations Who Will Pay for All This? If you accept the first offer, you’ll likely be left footing the bill for future treatments. That burden should not fall on you—it should fall on the party responsible and their insurer. 5. You Deserve to Be Compensated for All Damages Not Just the Obvious Costs A smart personal injury claim doesn’t just look at hospital bills. It accounts for: Lost time at work Missed business opportunities Pain and suffering Loss of enjoyment of life Permanent scarring or disability These non-economic damages can often outweigh the cost of medical care. But guess what? Insurance companies rarely include them in that first offer—unless you force them to. 6. Time Is on Their Side—Unless You Act California’s Statute of Limitations is Two Years In most cases, you have two years from the date of your car accident to file a claim. Insurance companies want you to forget this. They hope you’ll delay or get discouraged. But waiting too long can result in losing your right to recover altogether. Meanwhile, they’ll gather evidence, interview witnesses, and build a case against your claim. The Sooner You Get Representation, the Stronger Your Case At AK Injury Law, we begin working immediately—documenting your injuries, calculating damages, preserving evidence, and negotiating from a position of strength. We strategize from day one, ensuring that you’re not left scrambling or pressured. 7. Strategic Legal Help = Bigger, Smarter Settlements We Don’t Just Fight—We Outthink Dr. Azadeh Keshavarz didn’t just transition from being a doctor to a lawyer—she became a smarter advocate. She knows how to read medical records, challenge bad-faith tactics, and expose weak arguments in insurance negotiations. Her motto, “Outthink, Outfight, Outwin,” isn’t just marketing—it’s her method. She takes what others miss and turns it into leverage that leads to larger settlements. Real Strategy = Real Results Other law firms may fight hard—but we fight smart: We calculate real lifetime costs. We use medical insight to support causation. We pressure insurance companies with airtight documentation. We’re not afraid to go to trial if it means protecting your rights. 8. You Only Get One Chance—Make It Count Don’t Gamble With Your Future Once you settle, your claim is done forever. You don’t get a do-over. That’s why it’s critical to get it right the first time—with the right legal guidance. Don’t accept a $5,000 check today that should’ve been a $50,000 recovery over time. Insurance companies hope you’re too tired, overwhelmed, or uninformed to know the difference. But now you know better. How We Can Help At AK Injury Law Firm, we don’t just file paperwork—we fight smarter. Led by Dr. Azadeh Keshavarz, our team brings a powerful blend of medical insight, legal strategy, and tenacious advocacy to every case.