After an accident, most people are shaken, overwhelmed, or uncertain about what to do next. Unfortunately, even innocent mistakes made in the hours or days following a collision can severely damage your personal injury claim.
As an Orange County trial attorney, I see certain errors repeat themselves over and over—and insurance companies know how to exploit each one.
Below are the most common mistakes injury victims make in California, along with clear advice on how to avoid them.
1. Not Getting Medical Care Immediately
Many people try to “tough it out” or assume pain will go away. But delayed treatment allows insurance companies to argue:
The injury was not serious
It happened later
It is unrelated to the crash
This is especially harmful after motor vehicle collisions, which is why many victims contact a car accident lawyer in Irvine early to ensure treatment is documented properly.
2. Failing to Document the Scene
In the chaos of an accident, people often forget to:
Photograph vehicle damage
Capture skid marks or debris
Get witness names
Take pictures of injuries
Save app screenshots (Uber/Lyft crashes)
This evidence often disappears within minutes or hours.
Premises cases—like store or parking lot injuries—may require guidance from a slip and fall accident lawyer in Irvine to identify hazard conditions before they’re repaired or cleaned up.
3. Giving a Recorded Statement to the Insurance Company
Insurance adjusters often act friendly to gain your trust.
Their goal is the opposite:
✔ Get you to say something limiting
✔ Get you to downplay your injuries
✔ Get information they can use against you
You are never required to give a recorded statement to the other driver’s insurer.
4. Posting on Social Media After the Accident
Even harmless posts can be twisted, such as:
“I’m feeling better today!”
Photos at family events
Gym check-ins
Travel pictures
Insurance companies routinely monitor:
Facebook
Instagram
TikTok
LinkedIn
The safest approach is to stay off social media until your case concludes.
5. Missing Medical Appointments or Skipping Treatment
Gaps in treatment are one of the biggest factors insurance companies use to devalue claims.
They argue:
“If they were really hurt, they’d be in treatment.”
This is especially damaging in neurological or high-severity injury cases, where victims may later require a brain injury lawyer in Irvine to help establish long-term treatment needs.
6. Accepting a Quick Settlement Offer
Early offers are almost always:
Too low
Based on incomplete records
Designed to close the case before full injuries are known
People with:
Back injuries
Concussions
Nerve issues
Soft tissue injuries
often discover symptoms worsen long after the first week.
Quick settlements rarely reflect the true value of a case.
7. Not Preserving Evidence Early
Important evidence can vanish quickly:
Surveillance video deleted within days
Vehicles repaired or totaled
Medical scans lost
Witnesses move
App data (Uber/Lyft) overwritten
Cases involving commercial vehicles often require early involvement from a truck accident attorney in Orange County, who can issue preservation letters and secure critical evidence.
8. Waiting Too Long to Contact an Attorney
People often wait for:
Pain to worsen
Bills to pile up
Insurance delays
A denial letter
But early representation protects:
Evidence
Medical documentation
Legal deadlines
Your right to compensation
Families dealing with fatal incidents should consult a wrongful death lawyer in Orange County as soon as possible to preserve vital evidence.
Working with a personal injury law firm in Irvine early helps avoid problems that may be impossible to fix later.
Conclusion
Avoiding these common mistakes can significantly strengthen your personal injury case and protect your rights from the start. The sooner you seek medical care, preserve evidence, and speak with an experienced attorney, the better your chances of recovering full and fair compensation.
About the Author
Cynthia Craig is a senior trial attorney and founding partner of Kubota & Craig, PC, a National and Regional Tier 1 personal injury law firm based in Irvine, California. Recognized by Best Lawyers, the National Trial Lawyers Top 100, and repeatedly named a Southern California Super Lawyer, she represents injured clients in motor vehicle collisions, catastrophic injuries, premises liability, and wrongful death cases across Orange County.
