4 minute read

A personal injury accident can happen in the blink of an eye. Yet the effects of the accident can be felt for months or even years to come. Whether it’s a car accident, a slip and fall, or a product liability accident, the process of dealing with the aftermath of a personal injury accident can be overwhelming.

There is the physical pain and the rising cost of medical bills. And then there is the complex process of making a personal injury claim. Meanwhile, the insurance companies are trying to find ways to reduce the settlement.

The decisions you make after a personal injury accident can be crucial to your case. Many personal injury accident victims don’t realize the mistakes they’re making can hurt their case. That’s why Bridgford, Gleason and Artinian, Orange County personal injury attorneys, stress the importance of knowing what to avoid.

1. Delaying Medical Treatment

Delaying seeing a doctor can hurt your health and your claim. The insurance company may claim that since you delayed treatment, the injury was not that serious.

Immediately seek medical attention after an accident. Always follow all treatment plans and keep copies of your medical records.

Medical documentation links your injury directly to the accident.

2. Admitting Fault Too Quickly

After the accident, the situation is emotionally charged. Some people apologize or blame themselves for the accident before they have all the facts.

California uses a comparative fault rule. This is a system in which the compensation for damages is reduced if the victim was somehow responsible.

It is best not to make any statements about the accident before the full investigation is done.

3. Speaking Freely with Insurance Adjusters

Insurance adjusters are trained to minimize payments. They may ask leading questions or want you to make a recorded statement.

Be careful when talking about:

  • The extent of your injuries
  • How the accident occurred
  • Your medical history

Keep answers short and accurate. Don’t misstate facts, as this can hurt your claim.

4. Accepting the First Settlement Offer

Settlement offers tend to be lower than the value of the claim. The insurance company may be hoping that you accept the settlement out of financial pressure.

A fair settlement should include:

  • Medical bills
  • Expected future treatment
  • Income loss
  • Reduced future earnings
  • Pain and suffering

Once you accept a settlement, the case is closed.

5. Failing to Preserve Evidence

Evidence can disappear within a short time. The skid marks may fade, witnesses may leave, and surveillance tapes may be erased. 

Some of the important evidence that may be required could be:

  • Pictures and videos from the scene of the accident
  • Police reports
  • Sworn statements of witnesses
  • Medical reports
  • Employment history

Substantial evidence supports both liability and damages.

6. Missing the Filing Deadline

Under California law, there is a two-year statute of limitations from the time of injury to file a personal injury lawsuit. If a government agency is involved, the time could be as short as six months.

If the statute of limitations is not met, your case could be forever barred.

Key Takeaways

Avoiding errors after a personal injury accident is vital in protecting your claim to compensation. The claim process is straightforward, with each step playing a crucial role in the entire process. These include:

  • Secure medical treatment immediately after the accident.
  • Avoid admitting fault before the actual circumstances of the accident are determined.
  • Beware of insurance company representatives.
  • Avoid settling your claim too early before a complete evaluation.
  • Secure all necessary evidence to back up your claim.
  • File your claim within the set time limits in California.

An experienced attorney will investigate the accident, secure all necessary evidence, and negotiate on your behalf.