What are common mistakes people make in injury claims? This question arises frequently because even small missteps can affect the outcome of a case. The decisions made in the hours and days following an accident can have a major influence on how a claim is later assessed by insurance companies and the courts.

Common errors include delaying medical treatment, neglecting to collect and preserve evidence, or speaking too freely to insurers. These missteps can undermine a claim at an early stage, before it has had the opportunity to properly develop.

Failing to Hire a Personal Injury Lawyer with California Personal Injury Claim Experience

Guenard & Bozarth, LLP is a Northern California personal injury firm with decades of experience representing injured individuals and families. The firm is led by seasoned Sacramento personal injury lawyers, including Glenn Guenard, who has more than 38 years of experience, along with attorney Ross Bozarth, who has handled a wide range of injury cases for over 26 years.

The attorneys prepare each case for trial and remain directly involved throughout the process. Known for pursuing substantial verdicts and settlements, the firm focuses on holding negligent parties and insurance companies accountable.

Failing to Seek Immediate Medical Attention After an Accident

Medical care has several important functions after an accident. It helps your recovery and creates a record of your injury. Insurance companies may use missed treatments to claim that you were not injured in the accident. They also rely on medical records to determine the cause and extent of injury.

In 2022, the Centers for Disease Control and Prevention reported 43.5 million injury-related emergency department visits across the United States. In 2023, there were 8.9 million unintentional fall injuries. There’s a good chance that many of these involved personal injury claims that were never filed. Don’t wait to file or delay treatment. It could lead to questions about the severity and timing of injuries or about the credibility of your claim.

In some cases, a small gap in the treatment process can be leveraged to make the argument that injuries were not as serious or were unrelated, which can impact the value of your claim.

Giving Recorded Statements to Insurance Companies Too Soon

Insurance companies commonly ask for recorded statements shortly after an accident, before injuries or damages have fully manifested. Discussions that are initially presented as routine may be used to assess fault and the value of a claim.

Statements can be used to identify inconsistencies in an account of events. The nature and extent of injuries may not be clear at the time a statement is given. Casual or imprecise language can be later interpreted as an admission affecting the valuation of the claim.

Not Properly Documenting Evidence and Damages

The success of a personal injury claim often hinges on the evidence you can provide. When no records or documentation exist, it can be more difficult to prove how the accident happened or to illustrate the extent of the damages that you suffered. Photographs, witness information, medical records, and proof of lost income can all be key materials in injury claims.

Under California Civil Code § 1714, individuals may seek compensation for harm resulting from another party’s negligence. Cases are often weakened when there are missing or incomplete records, particularly if there is a dispute regarding liability or the extent of injuries.

Accepting a Settlement Before Understanding the Full Value of a Claim

Settlement offers may be made early in the claims process, even before the long-term effects of an injury are known. By accepting an early settlement offer, one may end up being undercompensated, in that the amount of the settlement may be less than what is fair or what one may need to pay for medical bills and lost wages. The cost of future medical treatment, lost earning capacity, and long-term effects may not be fully known at the outset of a claim.

According to the Bureau of Labor Statistics, there were 224,100 cases of work-related injuries that resulted in days away from work in California in 2023. This shows how injuries can have long-term financial impacts. After a claim is settled, it is usually final. Evaluating damages fully before agreeing to a resolution can help safeguard current and future expenses.

FAQs for Sacramento Personal Injury Lawyers

Q: How Common Are Injury-Causing Car Accidents in the United States?

A: The CDC reported that 2.8 million people visited emergency rooms across the United States due to motor vehicle accidents in 2023. Since accidents occur so often, the injuries sustained in these types of accidents are often highly scrutinized, so it’s helpful to understand the claim review and settlement process for injury cases.

Q: How Long Do You Have to File an Injury Claim in California?

A: California Code of Civil Procedure § 335.1 generally provides a two-year limitations period for personal injury claims, measured from the date of injury. The expiration of the limitations period can serve as a complete bar to the case, even if the plaintiff would otherwise be able to prevail on the claim. As such, a key factor in protecting one’s rights may be timeliness.

Q: Can You Still File a Claim if You Were Partially at Fault for an Accident?

A: You can still file an injury claim in California even if you were partially at fault for the accident or injury. California is a comparative fault state, which means that damages may be offset according to a person’s percentage of fault. Even if a person is partially at fault, they may still be able to recover damages for the injuries or harm they suffered that were the responsibility of another person, up to 50% liability.

Q: Where Are Personal Injury Cases Handled in Sacramento, California?

A: Personal injury cases in Sacramento are generally filed in the Superior Court of California, County of Sacramento. The Sacramento County Superior Court has jurisdiction over civil cases in Sacramento, so any claims involving accidents in Sacramento or surrounding communities are likely to be heard through the state court system.

Even though state law governs these matters, local Sacramento court rules can shape specific filing needs, deadlines, and the overall progression from the first filing to the case’s end.

Contact a Sacramento Personal Injury Lawyer Who Gets Results

Every stage of the process, from early choices to the final outcome, can influence the result. Guenard & Bozarth, LLP advocates for the rights of the injured in Northern California. Our experienced team can guide clients through the claims process and handle obstacles as they come. Schedule a consultation to hire a personal injury lawyer with experience handling cases like yours.