At Montanez Yu LLP, we’ve helped a lot of people who were hurt in car accidents, slip and falls, rideshare crashes, and other personal injury situations. One of the patterns we’ve noticed? Many people unintentionally make mistakes right after their accident, often before they’ve even had the chance to speak with an attorney.
These early missteps can really hurt your case later on, especially when it comes to getting the compensation you’re owed. Below are some of the most common ones we see and how you can avoid them.
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1. Waiting Too Long to Get Medical Help
After an accident, it’s easy to downplay your pain. Maybe you think it’s just soreness, or that you’ll “walk it off.” But waiting too long to see a doctor can hurt both your health and your case.
The insurance company will look at your medical records. If there’s a gap between the accident and when you saw a doctor, they might argue that your injuries weren’t serious—or weren’t even related to the accident.
So, even if you feel okay, get checked out. A medical record from right after the accident helps prove your injuries are real and caused by the incident.
2. Saying Too Much at the Scene
It’s normal to feel shaken after an accident. You might even feel like apologizing, especially if you’re a polite person. But saying “I’m sorry” or admitting fault, even if it’s just to be nice, can end up being used against you.
Try to stay calm, check on everyone’s safety, and speak with the police when they arrive. Just stick to the facts. Don’t guess, don’t speculate, and don’t take the blame unless you’re absolutely sure (and even then, talk to a lawyer first).
3. Not Gathering Evidence
If you’re able to safely do so, take photos at the scene. That includes the vehicles, the road, your injuries, and anything else that seems relevant. If there are witnesses around, ask for their names and contact information.
This might seem unnecessary in the moment, especially if police are on the way, but that evidence could become incredibly important later. Things can get lost or forgotten quickly, and a photo can tell a story that words can’t.
4. Talking to the Insurance Company Without Legal Advice
Insurance companies are businesses. Their job is to pay out as little as possible. The person calling you might sound helpful, but they are trained to ask questions in a way that can weaken your case.
You don’t have to give a recorded statement right away, or at all, without speaking to an attorney. In fact, you should avoid saying anything beyond the basics until you’ve had legal advice. We’ve seen too many people get taken advantage of by trying to “handle it themselves.” That is why you should talk with a personal injury lawyer like us immediately.
5. Posting on Social Media
We get it. You want to let your friends and family know you’re okay. Maybe you want to share what happened or vent about the other driver. But what you post online—even something as simple as a smiling photo, can be taken out of context by the other side.
Insurance companies and defense lawyers often check your social media. They’re looking for anything that can cast doubt on your injuries or your version of events. It’s best to stay quiet online while your case is pending.
6. Missing the Filing Deadline
In California, you generally have two years from the date of your injury to file a personal injury lawsuit. But in some cases, like if a government agency is involved, you may have even less time.
Don’t assume you have plenty of time. These deadlines are strict. Once they pass, you could lose your right to compensation altogether.
7. Not Hiring a Lawyer
Handling a personal injury claim without an attorney can feel overwhelming. The paperwork, the insurance calls, the back-and-forth—it’s a lot, especially if you’re recovering from an injury.
When you hire Montanez Yu LLP, you don’t pay anything upfront. We only get paid if we win your case. That means we’re fully invested in getting you the best outcome possible. We handle the legal side of things so you can focus on healing.
Need Help? Talk to Us
If you were recently hurt in an accident, we’re here to help. We offer free consultations, and we’ll give you straight answers about your options. Whether you decide to move forward with a claim or not, you’ll leave the conversation better informed.
You can reach out to us through our contact page, or give us a call directly. We’re a car accident lawyer in Corona and proudly serve clients across the state.
Let us take care of the legal work. You focus on getting better.
