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10 Common Mistakes That Can Ruin Your Personal Injury Claim
1. Failing to Seek Immediate Medical Attention
One of the biggest mistakes you can make after an accident is delaying medical treatment. Not only is this harmful to your health, but insurance companies may argue that your injuries are not severe or were not caused by the accident. Always see a doctor as soon as possible and follow their recommended treatment plan.
2. Not Documenting the Accident Scene
If you are physically able, gather as much evidence as possible at the scene. Take photos of your injuries, property damage, and the surrounding environment. Collect witness contact information and make notes about what happened. The more evidence you have, the stronger your case will be.
3. Admitting Fault
Even if you feel partially responsible for the accident, do not admit fault to anyone, including the other party, witnesses, or insurance adjusters. Liability is determined based on evidence and legal standards, and admitting fault prematurely can hurt your case.
4. Failing to Report the Incident
Whether it’s a car accident, a slip and fall, or a workplace injury, always report the incident to the proper authorities. For car accidents, call the police and obtain an accident report. For workplace injuries, notify your employer immediately. Proper documentation is crucial for your claim.
5. Giving a Recorded Statement Without Legal Advice
Insurance adjusters often ask victims to provide recorded statements soon after an accident. Be cautious—these statements can be used against you to minimize your claim. It’s best to consult with a personal injury attorney before speaking to any insurance representatives.
6. Accepting the First Settlement Offer
Insurance companies often make lowball settlement offers, hoping you’ll accept quickly. While it might be tempting, especially if you have mounting medical bills, the first offer is usually far less than what you deserve. Consult with an attorney to evaluate the offer before accepting.
7. Posting on Social Media
Be mindful of what you share online. Insurance companies monitor social media accounts for posts that could contradict your injury claims. Even an innocent picture or comment can be taken out of context and used to undermine your case.
8. Not Following Your Doctor’s Orders
Skipping medical appointments, failing to follow prescribed treatments, or disregarding your doctor’s advice can hurt your case. The defense may argue that you are not as injured as you claim or that you are not taking steps to recover.
9. Delaying Legal Action
California has a statute of limitations for personal injury claims—generally two years from the date of injury. If you wait too long to file your claim, you could lose your right to compensation. Act quickly and consult with an attorney as soon as possible.
10. Not Hiring an Experienced Personal Injury Attorney
Many people try to handle their claims alone, only to find themselves overwhelmed by legal complexities and aggressive insurance tactics. A skilled personal injury attorney can help gather evidence, negotiate with insurers, and ensure you receive fair compensation.
Avoiding these common mistakes can significantly strengthen your personal injury claim. If you’ve been injured due to someone else’s negligence, don’t leave your case to chance. Consulting with a knowledgeable personal injury attorney can make all the difference in securing the compensation you deserve.
If you need legal guidance, contact our experienced team today for a free consultation! Give us a call at (619) 672-1741.
What is your personal injury case really worth? $$$$
💰 What Influences the Value of Your Injury Case?
Here are the six most important elements that impact compensation in California personal injury cases:
1. Medical Expenses
Compensation includes all medical costs related to your injury. This can cover:
- Emergency room visits
- Surgeries and follow-up care
- Physical therapy and rehabilitation
- Medications and medical equipment
- Future anticipated treatments
The more severe and long-lasting your injuries, the higher your medical costs—and the more compensation you may be entitled to.
2. Lost Wages & Loss of Earning Capacity
If your injury caused you to miss work, you can seek reimbursement for:
- Past lost wages
- Missed bonuses or overtime
- Sick or vacation days used during recovery
Additionally, if your injury affects your ability to work in the future—whether it's fewer hours, a change in job, or early retirement—you may be able to claim loss of earning capacity. Expert testimony (from vocational or economic experts) is often used to support these claims.
3. Pain and Suffering
These are known as non-economic damages and are meant to compensate you for:
- Physical pain and discomfort
- Emotional trauma or mental anguish
- Anxiety, depression, or PTSD
- Loss of enjoyment of life or hobbies
- Permanent disfigurement or disability
Pain and suffering amounts vary widely and depend on the nature of your injury, your recovery, and how your life has changed.
4. Liability and Comparative Fault
California uses a pure comparative fault system. This means:
- You can recover damages even if you were partially at fault
- Your compensation will be reduced by your percentage of fault
For example, if you were awarded $100,000 but found 20% at fault, your final compensation would be $80,000. Proving the other party’s fault clearly can make a significant difference in your settlement or verdict.
5. Insurance Policy Limits
Insurance coverage can be a ceiling on what you're able to recover—especially in car accident or premises liability cases. Even if your damages exceed the policy limits:
- The insurer may only pay up to their limit
- Suing the defendant directly for the excess is possible, but often challenging
Your attorney will explore all possible sources of compensation, including multiple policies or umbrella coverage, to maximize recovery.
6. Documentation and Evidence
Strong documentation is the foundation of a successful claim. That includes:
- Medical records and bills
- Photos of injuries or accident scenes
- Police or incident reports
- Witness statements
- Journal entries documenting pain and recovery
The more clearly your evidence shows the impact of your injuries and the other party’s negligence, the stronger your case becomes—and the more leverage you have in negotiations.
⚖️ Every Case Is Unique
The value of a personal injury claim isn’t set by a formula—it’s determined by your unique story, your injuries, and the legal strategy behind your case. That’s why having the right legal team on your side can make all the difference.
If you're wondering what your case might be worth, or just want to better understand your options, we’re here to help. Call us anytime at (619) 672-1741 or email at joe@samolaw.com
Samo Law Group Secures 7-Figure Settlement in Off-Road Injury Case
Samo Law Group is proud to announce the successful resolution of a complex personal injury case involving a minor child who was seriously injured in an off-roading accident. Our client, a young passenger, sustained significant life-long injuries when the vehicle—driven recklessly by another minor—lost control and crashed.
The aftermath was difficult, with our client undergoing nearly two years of extensive medical treatment and rehabilitation. Adding to the legal complexity were the challenges of limited insurance coverage and multiple injured passengers, all of whom were seeking compensation.
Despite these hurdles, our team remained committed to securing justice. Through strategic negotiation and diligent legal work, Samo Law Group achieved a settlement in the 7-figure range—ensuring that the child and their family will have the resources they need for ongoing care and recovery.
This case is a reminder of the real consequences of reckless driving and the importance of strong legal advocacy in the face of difficult odds. We’re honored to have helped this family move forward.