Top 5 Mistakes to Avoid After a Personal Injury Accident in California
May 14, 2025- Categories: Personal Injury
The seconds and minutes after a personal injury accident can be disorienting, chaotic and physically painful, so it can be hard for victims to stay focused. However, if you’re able to remain calm, there are several mistakes you can avoid making amidst the haze and confusion in the immediate aftermath of a vehicle collision, slip and fall accident, or any other type of personal injury event. It’s equally important to remain focused weeks and even months later as paperwork, interactions with insurance companies, and doctor visits arise. It is always better to be cautious and safe in these matters rather than absentminded or dismissive.
The top 5 mistakes to avoid after a personal injury accident in California are:
Mistake #1: Not Seeking Medical Attention
Even if you think you feel fine after a vehicle accident or any other injury event, it is always important to get checked out by a doctor or medical professional. Whether that means agreeing to be examined by paramedics who arrive at the accident scene or visiting your general practitioner a few days later, make sure you get a physical and cognitive check-up after an accident. Some injuries — such as TBI, organ damage, and internal bleeding – can take days or weeks to surface, and they can be dangerous and even life-threatening. The sooner a medical problem is diagnosed, the better. Getting checked out also creates a paper trail of medical records and tests that your lawyer can rely on later when you file a personal injury claim for damages.
Mistake #2: Failing to Report the Accident
You always, always want to call 911 and wait for police and/or emergency responders to arrive at the scene of an accident. The only exception would be to transport a victim to a hospital if their injuries are life-threatening. If you’re involved in a vehicle crash and traffic is heavy, you can move your vehicle to the shoulder of the road or a nearby side street to ensure your safety, but you should remain nearby and wait for police to arrive. Failing to report the accident is not only a violation of traffic standards, but it also means no police report will be filed. A police report is an essential element in a personal injury lawsuit, and your attorney can use it as leverage when negotiating a payout with insurance companies.
Mistake #3: Giving a Recorded Statement to the Insurance Company
It’s best to hire a lawyer to represent you before speaking to an insurance company. Whatever you do, don’t give a recorded statement to the insurance company, no matter what. If you’re not careful, insurance representatives can use your own words against you, twisting their meaning in an effort to defeat your claim or reduce your settlement amount. A skilled and experienced personal injury attorney will be very familiar with insurance companies’ tactics and maneuvers and can help you avoid mistakes and pitfalls that cost you dearly.
Mistake #4: Accepting the First Settlement Offer
Insurance companies typically low ball their first settlement offer, hoping that you’re naïve about the value of your claim or need the money so badly that you’ll agree to almost anything. They’re counting on the fact that you’re stressed, overwhelmed, and want to get legal matters over quickly. It’s almost always a mistake to accept the first settlement offer from an insurance company. Accident victims represented by lawyers who are aggressive negotiators typically receive much higher payouts on their personal injury claims.
Mistake #5: Not Hiring a Personal Injury Attorney
Some accident victims are tempted to go it alone and interact with insurance companies directly to get compensation for medical bills, lost wages, property damage, and pain and suffering. But the legal system and insurance matters can be much more complicated than they seem at first. Hiring a personal injury lawyer is the best way to protect yourself and ensure that your rights are preserved.
Proactive Things You Can Do to Build a More Powerful Lawsuit
If you’re wanting to be proactive to ensure that you have the strongest legal claim possible, there are several things you can do. Some may sound simple, but they’re very important.
- Stay Off Social Media – Resist the temptation to post photos or videos of your accident and activities in the days and weeks that follow. It may seem neat to share pictures with friends on Instagram, Tik Tok, or Facebook, but this footage can be used later by insurance companies to undermine your legal claim.
- Say As Little as Possible to the Other Driver After a Car Accident – In a traffic collision, it’s appropriate to get the other driver’s name, insurance information, and license plate number, but don’t engage in lengthy conversation about how the accident happened or whether you think you’re injured. Be polite but succinct in your comments. Above all, do not say the accident was your fault.
- Get Names and Contact Information of Witnesses – The testimony of eyewitnesses to an accident can be powerful and persuasive. In the moments after an injury accident, look around to determine whether there are bystanders who may have seen or heard something. If so, get their contact info so your attorney can interview them later.
- Take Pictures of the Accident Scene and Your Injuries – If you’re able to, use the camera on your mobile phone to take pictures of your injuries and the accident scene, paying close attention to things like road debris after a car accident or spilled liquid on the floor after a slip and fall injury. A picture is indeed worth a thousand words and can significantly bolster your legal case.
Neale & Fhima Will Fight to Get the Compensation You Deserve
If you’ve been hurt in an accident, a personal injury lawyer at Neale & Fhima will fight aggressively to get the compensation you deserve. Our experienced car accident lawyers, slip and fall attorneys, and entire legal team have an outstanding record of recovering more than $50 million in rightful compensation for victims throughout Southern California. We can calculate compensation after an accident and tell you what your claim might be worth. For a free consultation about your case, call us at 888-407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
