Many people unknowingly make legal mistakes that could weaken or significantly harm their injury claims. Not getting proper medical care, taking too long to file a claim, and not seeking legal help are just a few common yet costly missteps victims make that could jeopardize their right to compensation. Avoiding these technicalities may help strengthen your case.
In this post, we’ll break down the five common legal missteps and how to address them under California law.

Mistake 1: Waiting Too Long to Take Legal Action

It’s completely understandable to focus on healing after a traumatic injury. When you’re in pain, managing doctor appointments, and just trying to keep life moving, it’s easy to think you have plenty of time to deal with the legal side of things. But delaying action could create complications.

One of the consequential mistakes an injured person can make is delaying legal action. In California, under California Code of Civil Procedure (CCP) §335.1, you generally have only two years from the date of injury to file a personal injury claim. Missing this deadline could result in losing your right to pursue compensation, even if the other party is at fault.

For example, you’re out for a walk in your neighborhood when an unleashed dog lunges at you and bites your leg. At the time, you’re more worried about stopping the bleeding and avoiding a scene. You figure you’ll heal, and besides, you don’t want to create tension with your neighbor, so you let it go.

But the pain gets worse. Weeks go by, then months. The wound becomes infected, mobility suffers, and now you’re missing work. When you finally decide to take action, the insurance company questions the cause of your injury and whether the dog bite was even reported, since you took too long to file a claim. With little documentation and time running out, your claim may fall apart.

This is why consulting with a legal professional early on is often beneficial. They can help gather evidence, meet critical deadlines, and advocate for the compensation you may deserve so you’re not left paying the price for someone else’s negligence.

Mistake 2: Not Getting Proper Medical Care

When you seek medical care after an accident, honesty is often your protection. Even if your symptoms feel minor or you’re unsure if they’re related, always tell your doctor everything. Complete transparency gives your physician the information they need to provide an accurate diagnosis and document the actual impact of your injuries.

If your condition worsens over time, as it sometimes does after an accident, those changes will be recorded in your medical history, potentially forming a link between the incident and your ongoing pain or complications.

That said, how you approach treatment can also affect your claim. Here are two key missteps to avoid:

• Skipping prescribed treatments or medications. Life gets busy, and healing can feel slow, but ignoring your doctor’s advice, even unintentionally, might give insurance companies grounds to argue your injuries aren’t serious.
• Choosing a doctor who doesn’t specialize in your specific injury. If you see the wrong kind of physician, the opposing side could argue your medical care wasn’t relevant, potentially weakening your case.

Insurance companies often look for gaps or inconsistencies in your care to reduce their payout or deny claims. To help protect your rights, it’s generally advisable to see the right doctors, follow through with treatment, and keep track of your recovery. That way, no one can easily downplay what you’ve been through.

Mistake 3: Talking to the Insurance Company Alone and Settling Too Quickly

After the accident, the insurance company may try to contact you. This might seem routine, but adjusters are often trained to look for statements that could weaken your case. Even a casual comment like “I’m feeling okay” might be used to suggest your injuries are less severe than claimed.

And when you’re hurting physically, emotionally, and financially, it’s tempting to accept the first settlement offer. But what feels like quick help today might not cover future expenses.

For example, in a slip-and-fall accident at a grocery store, you suffer back injuries. The insurer offers a fast settlement for the ER visit and meds. You accept, thinking it’ll be enough. But weeks later, you learn you need surgery and long-term therapy. By then, it’s too late—you’ve signed away your rights.

That’s why having legal representation can be critical. An attorney can communicate with the insurance company, help assess your claim’s full value, and work to ensure you’re not left covering costs for someone else’s mistake.

Mistake 4: Posting on Social Media

In the digital age, sharing life updates online feels natural. After an accident, posting about your recovery might even seem harmless. Some victims believe it could support their claims by showing what they’re going through.

However, social media can sometimes hurt your case.
Insurance companies and defense attorneys frequently review social media for anything they can use. A photo of you smiling at a gathering or a status like “feeling better” might be misconstrued to argue you’re exaggerating your injuries.

Even private accounts may not be fully secure. Adjusters could use fake profiles, and courts might subpoena your posts. Once something is online, it’s hard to undo.

To minimize risks, avoid posting about your accident, injuries, or activities until your case is resolved. One innocent update could impact your claim.

Mistake 5: Trying to Handle the Case Without a Lawyer

While you have the right to represent yourself, doing so may not be in your best interest, especially against experienced insurance companies.

For example, after a car accident, you try to handle the claim alone. The insurer offers a low settlement covering only the ER bill. Without legal guidance, you might miss compensation for lost income, therapy, or long-term impacts.

Or, if the insurer blames a pre-existing condition, you may lack the resources to counter their argument. Without an attorney, your claim could be denied.

In many cases, having a lawyer can help level the playing field and improve your chances of a fair outcome.

Protect Your Rights—Don’t Settle for Less Than You Might Deserve

When handling a personal injury claim, it’s important to remember that your health, future, and ability to recover from the consequences of someone else’s negligence are all at stake. However, even victims with strong cases can unintentionally harm their chances of a successful claim. Whether it’s delaying medical treatment, negotiating with insurance adjusters alone, accepting an early settlement, or oversharing online, every decision can have a lasting impact on the outcome of your case.

Navigating this process can be overwhelming, and it’s completely understandable to feel uncertain. You don’t have to handle this on your own or attempt to figure it out in a system that may not always be in your favor.

For crash victims in California, working with an experienced California personal injury attorney can make all the difference. An attorney can guide you through the complexities of the legal system, protect your rights, and help ensure that you receive fair compensation for your damages. With their expertise, they’ll handle the details of your case and work to prevent anyone from taking advantage of your situation.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Personal injury laws and procedures vary by case and jurisdiction. For advice tailored to your specific situation, please consult a licensed California personal injury attorney.

Published by Stephanie M.