Mistakes to Avoid When Pursuing a Personal Injury Claim

If you are involved in any kind of accident—such as a car, bike, or slip-and-fall accident—it is important to avoid mistakes that could negatively affect your insurance claim. In fact, certain actions could prevent you from receiving payment for your injuries or damages. A skilled personal injury lawyer is a great resource for ensuring you take all the steps needed for a successful claims process. If you are navigating a personal injury claim, following the tips listed below will ensure you proceed through the process with ease. Here are the top 4 common mistakes to avoid when pursuing a California personal injury case.

5 Mistakes to Avoid When Filing a Personal Injury Case

A sudden accident can turn your life upside down in an instant. One moment, everything is normal, and the next, you’re faced with injuries, medical bills, and the stress of figuring out what to do next. If you’re considering a personal injury claim in California, every decision you make can impact your case—including a few missteps that could cost you the compensation you deserve.

Waiting to Seek Medical Attention

Although you may not realize it, your personal injury claim begins the moment you are injured in an accident. Everything you say and do from that moment forward will determine how successful your claim will be.

It is crucial to seek immediate medical attention as soon as possible after an accident. Even if your injuries are minor, you should still get an opinion from a medical professional. Many conditions caused by common accidents can have a delayed onset, meaning you should always have a doctor perform a physical examination to make sure no underlying conditions are missed. It is equally important to keep records and receipts of all your medical care and related expenses, as these records may be required to substantiate your injuries.

Ignoring Your Doctor’s Advice

Choosing not to follow your doctor’s advice and medical treatment can hurt you in more ways than one. First and foremost, your body may not heal properly, causing you long-term pain. For your health, it is essential to attend any doctor, physical therapy, or mental health appointments and take any prescribed medications.

In addition to harming your health, ignoring your doctor’s advice can harm your personal injury case. Insurance companies are quick to look for any excuse to lowball claims, and the law requires you to “mitigate your damages.” In a personal injury claim, this means you are required to take all steps necessary to address your injuries. In short, if you do not follow the doctor’s orders and document your medical treatment, the insurance company may assert you worsened your own injuries and refuse to fully compensate you.

Gathering Evidence and Documentation

Gathering evidence and documentation is a crucial step in building a strong personal injury case. This includes collecting and preserving any relevant information that can help prove the extent of your injuries and the impact they have had on your life. Some examples of evidence and documentation that you may need to gather include:

Medical records and bills
Police reports and accident reports
Witness statements and contact information
Photos and videos of the accident scene and your injuries
Records of lost wages and other expenses related to your injuries
A journal or diary of your symptoms and how they are affecting your daily life

It is essential to keep all of this evidence and documentation organized and in a safe place, as it will be used to support your personal injury claim. Your personal injury lawyer can help you determine what evidence and documentation is necessary for your case and can assist you in gathering and preserving it.

Dealing with Insurance Companies

Dealing with insurance companies can be a challenging and frustrating experience, especially when you are trying to navigate the complex process of filing a personal injury claim. Insurance companies are in the business of making money, and they often try to minimize the amount of money they pay out in claims. This means that they may try to deny your claim or offer you a low settlement.

It is essential to be cautious when dealing with insurance companies and to remember that they are not on your side. Here are some tips for dealing with insurance companies:

Do not give a recorded statement to the insurance company without consulting with a personal injury lawyer first.
Do not sign any documents or accept any settlement offers without consulting with a personal injury lawyer first.
Be careful what you say to the insurance company, as they may try to use your words against you.
Keep a record of all communication with the insurance company, including dates, times, and details of what was discussed.

Your personal injury lawyer can help you navigate the process of dealing with insurance companies and can assist you in getting the fair compensation you deserve.

Openly Discussing Your Case

While it may be difficult to avoid discussing the details of your case with family and friends, it is usually best not to do so. As a general rule of thumb, you should only discuss your case with your lawyer. This is because any person(s) with whom you discuss your case can technically be considered witness, meaning they may be called upon to recount what you told them. Although the things you told them may seem minor, they can oftentimes be twisted against you, damaging your claim. The negligent person’s insurance company does not have your best interests in mind and will usually do anything they can to avoid a fair settlement. This includes not only medical records and bills but also a detailed account of all medical expenses incurred.

Filing a Claim on Time

Filing a claim on time is essential in personal injury cases. In California, the statute of limitations for personal injury cases is two years from the date of the injury. This means that you have two years from the date of the accident to file a claim against the other party’s insurance company.

If you fail to file a claim within the statute of limitations, you may lose your right to seek compensation for your injuries. This is why it is essential to consult with a personal injury lawyer as soon as possible after an accident.

Your personal injury lawyer can help you determine the statute of limitations for your case and can assist you in filing a claim on time. They can also help you navigate the complex process of filing a claim and can ensure that you receive the fair compensation you deserve.

It is also important to note that there are some exceptions to the statute of limitations, such as:

If the injured person is a minor, the statute of limitations may be tolled until they reach the age of majority.
If the injured person is mentally incapacitated, the statute of limitations may be tolled until they are no longer incapacitated.
If the defendant is a government entity, the statute of limitations may be shorter.

Your personal injury lawyer can help you determine if any exceptions apply to your case and can assist you in filing a claim on time.

Taking the First Settlement Offer

Insurance companies have teams of attorneys on hand to carefully review claims and find ways of legally avoiding payouts. Insurance adjusters are professionals who work for insurance companies and aim to minimize payouts. Unfortunately, this leads them to extend quick settlement offers that are typically far less than the full value of the case. They are aware that victims of accidents are primarily concerned with having the funds to buy food, pay medical bills, and make rent, and they prey on these victims’ ignorance and inexperience. While it may be tempting to accept fast compensation, it is almost certainly not in your best interest to do so. Never accept an early settlement offer without first consulting with an experienced personal injury attorney in California.

Contact the Experienced Personal Injury Attorneys at Younglove Law Group

In the aftermath of an accident, it is easy to feel overwhelmed. Additionally, be cautious about what you post on social media accounts, as these can be scrutinized by insurance adjusters and lawyers. However, letting stress get the best of you can often result in significant mistakes that can affect your personal injury claim. The best way to ensure your rights are protected through the claims process is to work with a skilled personal injury attorney.

Younglove Law Group, we are proud to offer quality legal representation to individuals who have suffered injuries from all kinds of accidents in California. Our Newport Beach law firm focuses exclusively on personal injury cases and specializes in claims involving catastrophic and fatal injuries. Our attorneys take a client-focused approach to our cases, always ensuring our clients feel prioritized and heard. Call our top-rated car accident lawyers at (844) 810-1800 or fill out our online contact form for a free and confidential consultation.