Common Mistakes to Avoid in a California Personal Injury Claim

If you have been hurt due to another person’s negligence, you may be entitled to damages. By filing a personal injury claim, you can recover compensation for your medical expenses, lost income, and other losses. It is important to work with a Riverside personal injury lawyer who can help you through the process and ensure no mistakes are made that could put your damages in jeopardy.

Below are some of the most common mistakes made in personal injury claims.

Failing to Seek Medical Attention

One of the most important steps to take after an injury is to seek medical attention. Your health and well-being are the most important priority after any accident, so it is critical that you see a doctor right away to ensure your injuries do not become worse. Additionally, seeing a doctor will document the nature and severity of your injuries so they are easier to prove to the insurance company.

Insurers often deny or reduce claims because accident victims did not see a doctor to obtain treatment for their injuries. They will argue that your injuries are not as serious as you claim because you did not seek medical treatment. After seeking medical treatment, also be sure to follow through on all of your doctor’s recommendations so your injuries do not become worse and so your claim is protected.

Not Preserving Evidence

When filing a personal injury claim, you must present strong evidence that proves your case. The more evidence you have, the stronger your case will be and the more you can claim in damages. At the accident scene, take photographs and video footage of the entire location, your injuries, and any property damage sustained. Also, locate any eyewitnesses and ask them for their name and contact information so your attorney can contact them at a later date. Failing to collect this evidence will weaken your claim and may result in less compensation.

Providing a Recorded Statement

The insurance company representing the liable party will contact you in the days following the accident. They may ask you for a recorded statement, but this is something you should never agree to. If you provide a recorded statement, the insurance company will take your own words out of context and use them against you. Not only should you not provide a recorded statement, but it is in your best interests to avoid speaking to the insurer entirely until you have obtained legal representation. Your attorney can speak to the insurer on your behalf so you can claim the full damages you deserve.

Accepting the First Offer

When the insurance company contacts you, they will also likely make an offer to settle the case. The vast majority of personal injury cases settle outside of the courtroom, but this does not mean you should accept the first offer the insurer makes. The insurance company is hoping that you will be happy to receive anything at all and will accept the first offer they make. This offer, though, will not be enough to fully cover the cost of your injuries and other losses. Never accept a settlement offer until you speak to an attorney who can negotiate a fair settlement on your behalf.

Posting to Social Media

Posting to social media after an accident is one of the biggest mistakes accident victims make. The insurance company will use any post against you, even if it is seemingly innocent.

For example, while you are recovering you may go through the photos on your phone and post one of you and your friends during a night out to Facebook. While the photo may have been taken months ago, the insurance company will use it to argue that you are not hurt because you are out having fun with your friends. Even using social media to tell your family and friends that you are fine is a big mistake, as the insurer will use this to deny damages.

Providing Inaccurate Information

You are only human, and so you might make a mistake when filing your claim. However, providing inaccurate information is a big mistake that could cost you in the end. The insurance company will use any mistake made to show that you are being dishonest, even if that was not your intention. To avoid this mistake, always review your documentation and your claim thoroughly before you file.

Keeping a pain journal can also help you remember important milestones made during your recovery so you can provide accurate information to the insurer.

Not Contacting a Personal Injury Lawyer in California

Most accident victims have never filed a personal injury claim before. However, a California personal injury lawyer handles these cases every day, and can significantly help you when filing yours. At The JLF Firm, our experienced attorneys can determine who is at fault for your injuries, accurately value your claim, and negotiate aggressively on your behalf for the full and fair settlement to which you are entitled. Contact us to schedule a free consultation and to get the legal help you need.