Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws, deadlines and procedures that differ from other states, creating obstacles for the unprepared. By avoiding several common mistakes, you can protect your rights and improve your odds of successfully pursuing a claim or lawsuit.
Failing to Document Evidence
Documentation is the backbone of any successful personal injury claim. California's legal system requires claimants to prove liability and damages. This means you must collect and preserve evidence that shows who was at fault. Also, you must document the extent of your injuries and losses.
Essential evidence to gather includes medical records and bills from California healthcare providers. This may include medical liens that must be addressed before settlement. You also want to collect official reports from:
- Police officers
- Firefighters
- EMTs
- Doctors
Witness statements are invaluable documentation. Likewise, photographs from as close to the time of the incident as possible make a good case, especially if you need to demonstrate poor maintenance or the weather conditions.
Act quickly when documenting evidence. Take photos immediately after the accident if you're physically able. If not, ask a friend or family member to do so. Capture images from multiple angles and distances and ensure important details are visible.
Create digital backups of all evidence. California's discovery process can be lengthy, and you may need to produce documentation months or even years after the incident. Store photos, videos, medical records and correspondence on USB drives and in the cloud. Also, keep physical copies in a safe location.
California is a fast-paced place. Witnesses move away and accident scenes change rapidly. Memories get hazy. Gather evidence quickly but thoroughly.
Delayed Reporting
Reporting your injury promptly is critical in personal injury cases. California has strict statutes of limitations that determine how long you have to file a claim. For most personal injury cases in California, you have just two years from the date of injury to file a claim or lawsuit, but this timeline can be shorter in certain circumstances.
Report incidents immediately to relevant authorities such as police, employers or property owners. Prompt action creates an official record of the incident and demonstrates that you took your injuries seriously from the start.
Not Immediately Seeking Medical Attention
Getting immediate medical care after an accident in California isn't just important for your health. It is also critical for your legal claim. Many injury victims make the mistake of delaying treatment because they believe their injuries are minor or they're concerned about medical costs.
Immediate medical attention creates an official record linking your injuries directly to the accident. This brings you closer to proving causation. Yes, some injuries aren't immediately apparent. Conditions like whiplash, concussions and internal injuries might not show symptoms for days or weeks. However, getting an immediate medical exam demonstrates a good-faith effort.
Document every medical visit, treatment plan and medication related to your injuries. Follow your doctor's recommendations completely and attend all follow-up appointments. If treatment extends over months or years, maintain detailed records of all procedures, therapies and how your injuries impact your daily life. Get a journal or a day planner so you can make brief notes about how your injuries affected you each day.
Underestimating Damages
Many Californians significantly undervalue their personal injury claims. This means accepting settlements that fail to cover their total losses. Accurately calculating damages requires looking beyond immediate costs to consider long-term financial impacts.
Future medical expenses often constitute a major portion of damages, especially for serious injuries requiring ongoing care or rehabilitation. In California's expensive healthcare market, costs can be substantial. Similarly, lost earning capacity must account for California's high cost of living and specialized job markets, particularly in tech, entertainment and other high-paying industries.
Non-economic damages like pain and suffering deserve careful consideration under California law. Notably, California requires juries to award pain and suffering damages in some cases. Your goal should be to think as broadly as possible about your losses from being injured. California has a fairly broad definition of damages that includes emotional distress and even inconvenience.
Not Understanding Comparative Negligence
California's pure comparative negligence standard is one of the most unique in the United States. In most states, a defendant must be found at least 51 percent at fault before they owe anything. That isn't the case in California.
There are highly confusing scenarios in California law where a mostly at-fault victim could recover damages. Suppose you were found 80 percent at fault. In most states, that means your claim or lawsuit goes nowhere. In California, you could still seek damages. Especially if they suffered more costly injuries than the other party did, an at-fault victim could recover significant compensation.
Likewise, there are scenarios in California where you could sue multiple parties that each share some blame. Consider a stairwell accident where blame might spread across several construction contractors, a maintenance company and a landlord.
California still settles the damages based on a comparison like other states do. If a defendant is 80 percent liable, then they pay 80 percent of the total damages. Suppose a victim suffered $100,000 in ines in this scenario. The defendant would be liable for $80,000.
Conclusion
Navigating California's personal injury law system can feel difficult. Be attentive and avoid making common mistakes to ensure your chances of success will be high. Talk to an attorney and find out how you can defend your rights following an accident.
