California personal injury claim advice isn’t always as straightforward as it sounds. While most people know to file on time, get medical treatment, and collect evidence, there are lesser-known factors that could quietly reduce the value of your case — or even ruin it entirely. Whether you’re filing after a car accident in Los Angeles, a dog bite in Burbank, or a slip and fall in a retail store, understanding these hidden pitfalls can help protect your rights and maximize your compensation.
You may think a quick selfie or story on Instagram is harmless, but defense attorneys and insurance adjusters often comb through social media to find anything that contradicts your claim. A photo of you hiking after an accident, even if taken months before, can be used to argue that your injuries aren’t severe. Always set profiles to private and avoid posting about your health or case.
Having a pre-existing injury doesn’t disqualify you from compensation, but it can complicate your case. Insurance companies will argue that your pain or limitations are due to old injuries, not the new incident. However, under California law, particularly the eggshell plaintiff rule, defendants take the injured party as they find them — meaning you can still recover damages even if you were more vulnerable than others.
If your medical records show gaps in treatment or contradictions about your injuries, that can be a red flag for insurers. For example, if you initially reported back pain but later claim shoulder issues, it may appear suspicious. Be clear, honest, and consistent with every doctor visit. Ask providers to document all symptoms accurately and follow their recommended treatment plans.
Waiting too long to see a doctor can severely hurt your claim. Insurance adjusters may assume your injuries weren’t serious — or that they were caused by something unrelated. California courts also consider prompt medical attention a sign that you took your injuries seriously. It’s best to visit a hospital or urgent care immediately and schedule follow-ups with a primary care doctor or specialist as needed.
After an injury, you’re legally obligated to take reasonable steps to recover. That includes attending therapy, taking prescribed medication, or avoiding strenuous activities that could make your condition worse. If you ignore medical advice or skip treatment, the defense may argue that your damages were self-inflicted, reducing your settlement amount.
California uses a pure comparative negligence system. This means you can still recover damages even if you were partially at fault — but your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% responsible, you’ll receive $80,000. This legal structure makes it especially important to avoid actions that might shift blame to you.
ANTN Law is a trusted name in California personal injury law. Attorney Arpine Navasardyan brings years of courtroom experience and a strong record of negotiation to every case. She knows how insurers operate and how to protect clients from common mistakes. With ANTN Law, you’ll have a fierce advocate who helps you understand every factor that could impact your settlement or verdict.
Book your free consultation here and get clear, strategic guidance on your next steps.
