Posted On April 28, 2025 California,Personal Injury
Filing a personal injury claim in California can help accident victims recover compensation for medical bills, lost wages, and emotional suffering.
However, the legal process is complex, and even small mistakes can significantly impact your case. These errors could reduce your compensation or, worse, cause your case to be dismissed entirely.
One of the most common mistakes accident victims make is delaying medical treatment. Even if your injuries initially seem minor, failing to seek immediate medical attention can harm your personal injury case.
Why It’s a Mistake
Insurance companies and defense attorneys will use any delay in medical treatment to argue that your injuries weren’t serious or that they weren’t caused by the accident. They may claim that your injuries happened later or that they aren’t related to the incident at all.
How to Avoid This Mistake
Example
A client involved in a rear-end collision in Riverside didn’t visit a doctor until four weeks after the accident. The insurance company argued that the injuries could have occurred during that gap in time and reduced their settlement offer significantly.
After an accident, insurance companies will quickly reach out to get your version of events. However, speaking to an insurance adjuster without legal representation can jeopardize your case.
Why It’s a Mistake
Insurance adjusters are trained to minimize payouts. They may seem sympathetic, but their goal is to gather statements that can be used to weaken your claim. For example, if you casually say, “I’m feeling better today,” they may argue that your injuries weren’t severe. They bait you to make casual statements they can later use to devalue your claim.
Additionally, accepting a quick settlement offer from the insurance company could leave you undercompensated, especially if future medical expenses arise.
How to Avoid This Mistake
Example
A client in Ontario was pressured into accepting a low settlement offer from the at-fault driver’s insurance company just days after their car accident. They later discovered they needed surgery, but the settlement couldn’t be reopened to cover the additional medical costs. Unfortunately you only get one bite at the apple.
Social media is part of our daily lives, but posting about your accident or injuries can severely harm your personal injury case. Insurance companies and defense attorneys actively monitor social media accounts for evidence to use against you.
Why It’s a Mistake
Even innocent posts can be taken out of context. For example, posting a photo of yourself attending a family event could be used to argue that you’re not as injured as you claim. Additionally, comments made on social media could contradict your official statements or medical reports.
How to Avoid This Mistake
Example
A client in Fontana posted a photo of themselves playing tackle football immediately after filing a claim for back injuries. The defense attorney used the photo to argue that the client’s injuries weren’t severe, significantly lowering their compensation.
Failing to gather evidence at the accident scene can make it harder to prove your case. Documentation is crucial for showing how the accident happened and who was at fault.
Why It’s a Mistake
Without photos, witness statements, or a police report, it becomes your word against the other party’s. This lack of evidence can weaken your claim, especially if the at-fault party disputes your version of events.
How to Avoid This Mistake
Example
In a pedestrian accident case in Sacramento, the victim didn’t take photos of the intersection or get witness contact information. The driver claimed the victim crossed was j-walking, and the lack of evidence made it difficult to prove otherwise.
California law imposes a statute of limitations on personal injury claims. If you wait too long to file, you may lose your right to pursue compensation entirely.
Why It’s a Mistake
In California, the statute of limitations for most personal injury cases is two years from the date of the accident. If you miss this deadline, your case will likely be dismissed, and you won’t be able to recover any damages.
There are exceptions for certain cases, such as injuries involving minors or government entities, but it’s critical to act quickly.
How to Avoid This Mistake
A motorcycle accident victim in Moreno Valley waited two years and one month to contact an attorney. Unfortunately, the statute of limitations had expired, and their case was dismissed, leaving them without any compensation for their injuries.
Conclusion
Navigating a personal injury case in California can be overwhelming, but avoiding these five common mistakes can significantly improve your chances of securing the compensation you deserve.
If you’ve been injured in an accident, it’s essential to work with an experienced California personal injury attorney who can guide you through the process, handle communications with insurance companies, and ensure all deadlines are met.
Contact us today for a free consultation to discuss your case and learn how we can help you avoid these costly mistakes and maximize your compensation.
“Disclaimer:
The content provided on this blog is for general informational purposes only and does not constitute formal legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees. The information provided here should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.
Your use of this blog and any information contained herein does not create an attorney-client relationship between you and our firm. For advice regarding your individual situation, please contact our office as we would be happy to discuss your case. We expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this blog.”
© 2022 MONTGOMERY STEELE LAW | ALL RIGHTS RESERVED | disclaimer
