Common Mistakes People Make in Personal Injury Cases

Getting hurt in an accident can turn your life upside down. If the injury wasn’t your fault—whether it happened in Irvine, Anaheim, Santa Ana, or anywhere else in Orange County—you may have the right to file a personal injury claim. But even with a strong case, small missteps can cost you money, delay your recovery, or hurt your chances of getting fair compensation.

California’s personal injury laws are complex. Making the wrong move early on can seriously weaken your claim. Below, personal injury lawyers at Law Offices of Samer Habbas & Associates explain the most common mistakes people make after being injured—and how to avoid them if you’re considering filing a case in Orange County.

Understanding Personal Injury Cases in California

Personal injury cases cover a wide range of accidents and incidents. Some of the most common in Orange County include car crashes on the 5 or 405 freeway, slip and falls at shopping centers in Irvine, dog bites in public parks, workplace injuries, and defective products.

California law allows victims to recover damages if someone else’s negligence caused their injury. This includes compensation for medical bills, lost income, and pain and suffering. The legal process, though, depends on the type of case. For example:

• Car accidents often involve rules from the California Vehicle Code.
• Slip and fall cases fall under California Civil Code § 1714, which explains when a property owner is responsible for an unsafe condition.
• Medical malpractice claims are covered under California Code of Civil Procedure § 340.5, which sets special rules for filing deadlines and expert testimony.

Knowing what kind of personal injury case you have helps determine how to move forward, and what steps you must take to protect your rights.

Not Getting Medical Care Right Away

One of the biggest mistakes you can make is skipping the doctor. Some injuries have delayed symptoms, so you need a medical exam as soon as possible. Doctors’ notes and test results serve as proof that the injury happened and how serious it is.

Insurance companies often argue that if you didn’t get medical help quickly, you weren’t really hurt. That can hurt your case. When used properly, medical records are one of the most important pieces of evidence you have.

Trying to Handle the Case Yourself

It’s tempting to think you can handle the claim yourself, especially when insurance adjusters sound friendly. But their job is to save money for the insurance company, not to help you. They’re trained to look for ways to deny or reduce claims.

Personal injury laws in California are detailed and not always clear to people outside the legal field. You want someone who knows how to deal with these cases every day and who understands how Orange County courts operate.

Giving a Recorded Statement Too Soon

Insurance adjusters will usually call you right after the accident and ask for a recorded statement. You don’t have to give one, and in most cases, you shouldn’t.

What you say can be used against you, especially if you’re still shaken up or unsure of the facts. California law doesn’t require you to provide a recorded statement to the other party’s insurer. Anything you say—even if it’s unintentional—can be taken out of context and used to question your story later.

Posting on Social Media About Your Injury

Another common mistake is sharing too much online. You might feel like updating your friends on Instagram or Facebook, but posts, photos, or comments can damage your case.

Courts in California have allowed social media posts to be admitted as evidence. If you post something that looks like you’re fine, it can weaken your claim, even if you’re still in pain or recovering, behind the scenes.

Not Keeping Important Evidence

It’s not enough to say what happened—you need to prove it. If you don’t collect and save evidence right after the incident, it might be gone later. That includes things like:

• Photos of the accident scene
• Names and numbers of witnesses
• Damaged items or clothing
• Emails or texts about the incident

Under California Civil Code § 3281, you have the right to recover financial damages caused by someone else. But you need evidence to show how the injury happened and what it has cost you.

Accepting a Quick Settlement

Insurance companies often offer a settlement soon after the accident. It may seem like a fast way to move on, but these offers are usually low, and they rarely take into account future medical bills or the long-term impact of your injury.

Once you accept a settlement, you can’t go back for more, even if your injury turns out to be worse than expected. That’s why it’s so important to understand the full scope of your condition before agreeing to any payment.

Missing California’s Filing Deadlines

In California, you generally have two years to file a personal injury lawsuit under Code of Civil Procedure § 335.1. But if your injury involves a government agency—like a city bus accident or a fall on city-owned property—you may have only six months to file a claim under Government Code § 911.2.

Missing these deadlines can mean losing your right to compensation altogether, even if the case was strong.

Not Knowing California’s Legal Standards

Some cases are straightforward, but others depend heavily on legal definitions and previous court decisions. For example, California follows the rule of comparative fault under Civil Code § 1431.2. This means if you were partially at fault for the accident, your compensation may be reduced.

Understanding how judges and juries apply these rules—and how prior cases have played out—requires legal experience. Without this, you may not know how much your case is really worth or how to respond to an insurance company’s argument.

Contact Orange County Personal Injury Lawyer Samer Habbas

If you’ve been injured in Irvine or anywhere in Orange County, don’t leave your future to chance. Avoiding these common mistakes could make the difference between a denied claim and a fair settlement.

At Law Offices of Samer Habbas & Associates, we focus on helping injury victims in Orange County get the compensation they deserve. We understand how these cases work, and we know how to build a strong case from day one.

Don’t risk your future—Get Samer on Your Side today and take the first step toward justice. Contact Law Offices of Samer Habbas & Associates by calling 949-727-9300 or contacting us online for a free consultation with an Orange County personal injury attorney.