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Antaramian Law, APC April 15, 2026

Common Mistakes to Avoid in Personal Injury Claims

If you have been injured in an accident, medical bills can pile up quickly, missing work can reduce your income, and physical pain can make everyday tasks incredibly hard. During this highly stressful time, injury victims often make errors that can hurt their chances of receiving fair compensation.

Therefore, it's important to work with an experienced personal injury attorney who can help you avoid mistakes and maximize your compensation. At Antaramian Law, APC, Attorney Andrew Antaramian strives to protect injury victims from these common pitfalls.

For nearly a decade, he worked as a defense attorney representing multinational, billion-dollar insurance companies. He saw firsthand the magnitude of injuries people sustained and how those injuries changed families forever.  

Attorney Andrew Antaramian serves accident victims across California. He knows how insurance companies use tactics, evaluations, and strategies, and he is dedicated to providing the representation you need to secure fair compensation.

Common Mistakes to Avoid

If you have been injured in an accident due to someone else's negligence, you have the right to pursue compensation for your injuries. However, there are certain actions that you should avoid to maintain the relevance and strength of your claim.

Failing to Seek Medical Attention Immediately 

After an accident, adrenaline can mask your pain. Many people feel fine at the scene and decide to skip going to the hospital or urgent care. This is one of the biggest errors you can make. Delaying medical care hurts your physical health, as hidden injuries like concussions or internal bleeding can rapidly worsen without treatment. 

Waiting to see a doctor also damages your personal injury claim. Insurance adjusters closely monitor the timeline of medical treatment. If you wait days or weeks to get checked out, the insurance company may argue your injuries are not serious. They may also claim that your injuries resulted from a separate event long after the accident.

Getting checked out by a licensed medical professional as soon as possible creates a clear medical record that links the accident directly to your injuries. 

Speaking to the Other Party's Insurance Company Too Soon 

The at-fault party's insurance adjuster will call shortly after the accident occurred. They often sound friendly, helpful, and concerned. Their main goal, however, is to save their company money. Adjusters will typically ask leading questions, hoping you will say something that can hurt your case.

They might ask for a recorded statement and later use your words out of context. Never provide a recorded statement without a lawyer present. A simple apology or a comment like "I am feeling okay today" can completely derail your claim.

Instead of answering detailed questions, politely decline to discuss the accident. Instead, give the adjuster your attorney's contact information so they can handle communication. 

Posting About the Accident on Social Media 

Many people share their entire lives online. While posting about a car crash may feel natural, social media posts can destroy your personal injury claim. Defense attorneys and insurance adjusters actively search the internet for information about accident victims. They look for photos, videos, or comments that might contradict their injury claims. 

If you claim severe back pain but post a picture smiling at a local park, the defense could use that photo to argue that your injuries aren't severe. Even seemingly innocent updates can be used against you.

The safest approach is to stay off social media entirely while your case is open. Do not post photos, do not discuss the accident, and ask your friends and family to refrain from posting about you and it as well. 

Missing Vital Evidence at the Scene 

A successful personal injury claim relies heavily on solid proof. Leaving an accident scene without gathering evidence is a considerable missed opportunity. When the police clean up a car crash or a store manager mops up a spill, the physical evidence vanishes forever. 

If you are physically able, take extensive photographs and videos of any vehicle damage, road conditions, skid marks, or the hazard that caused a fall. Be sure to also collect the names and phone numbers of anyone who witnessed the incident. Witness memory fades fast, so getting their statements early makes a big difference.

If you are too injured to gather evidence yourself, ask a helpful bystander or a family member to gather this information for you.

Accepting the First Settlement Offer 

Insurance companies love to offer quick, early settlements. When bills stack up, or you miss paychecks, a quick check can look very tempting. However, taking this initial offer is almost always a bad idea. First offers are notoriously low and rarely cover the full scope of your damages. 

Once you sign a settlement agreement, you give up your right to seek future compensation. For example, if your doctor later says you require surgery or long-term physical therapy, you cannot go back to the insurance company for additional funds. Before signing anything, have your attorney evaluate the case to calculate the true cost of your medical bills, lost wages, and pain and suffering, and fight for fair compensation.

Not Keeping Proper Records 

Personal injury claims require extensive documentation. Throwing away receipts, ignoring paperwork, or forgetting to track daily struggles can all negatively impact your case. To pursue fair compensation, you must be able to tie every financial loss to the accident. 

Keep a dedicated folder for all accident-related documents, including medical bills, pharmacy receipts, insurance company letters, and proof of lost wages. If you can, keep a daily journal and jot down your pain levels, missed activities, and mental health struggles. This provides a detailed timeline of how your injuries impact your daily life. 

California Laws Governing Personal Injury Claims 

Under California law, you generally have two years from the date of the injury to file a lawsuit against the responsible party. Missing this deadline usually means losing the right to recover any money for your injuries. 

California also follows a "pure comparative negligence" rule. This means you can recover damages even if you share some blame for the accident. However, the court will reduce your final compensation by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover 80% of your total damages.

Contact an Experienced Personal Injury Attorney Today

Being injured in an accident due to someone else's negligence is stressful. However, there are steps you can take and mistakes to avoid to build a strong claim for compensation. Antaramian Law, APC, is dedicated to supporting you through these times and advocating for the damages you deserve.

Our firm serves clients throughout California. Having spent years defending massive insurance corporations, the firm understands the defense’s tactics and evaluations and is committed to pursuing the justice you deserve. Reach out today to schedule a confidential case evaluation. 


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