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5 Common Mistakes That Can Ruin Your Personal Injury Claim

Frank Penney • January 30, 2025

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If you’ve been injured in a car or motorcycle accident, you deserve fair compensation for your medical bills, lost wages, and pain and suffering. However, many accident victims unknowingly make mistakes that can weaken or even ruin their personal injury claims. To help you protect your rights and maximize your settlement, here are five common mistakes to avoid after an accident.

1. Not Seeking Medical Attention Right Away

Even if you feel fine after an accident, it’s crucial to see a doctor as soon as possible. Some injuries—like whiplash or internal bleeding—may not show symptoms right away. If you delay treatment, the insurance company may argue that your injuries weren’t serious or weren’t caused by the accident. Always get checked out and follow your doctor’s recommendations.

2. Admitting Fault or Apologizing

After an accident, emotions run high, and it’s natural to want to say, "I’m sorry." However, even a simple apology can be used against you. Insurance companies might twist your words to claim you admitted fault. Instead, stick to the facts when speaking to the other driver, police, or insurance adjusters.

3. Not Gathering Enough Evidence

The more evidence you have, the stronger your claim. If you’re able to, take photos of the accident scene, vehicle damage, injuries, and road conditions. Get contact information from witnesses and request a copy of the police report. The more details you collect, the harder it is for the insurance company to dispute your claim.

4. Accepting the First Settlement Offer

Insurance companies often offer quick settlements that are far lower than what you truly deserve. Once you accept an offer, you can’t go back and ask for more money—even if your medical bills keep piling up. Before agreeing to anything, consult with a personal injury attorney who can negotiate for the maximum compensation you’re entitled to.

5. Not Hiring an Experienced Personal Injury Attorney

Navigating a personal injury claim on your own can be overwhelming, especially when dealing with insurance companies that try to minimize payouts. An experienced attorney will fight for your rights, handle negotiations, and ensure you don’t settle for less than you deserve. In cases involving serious injuries—like traumatic brain injuries, spinal damage, or wrongful death—having strong legal representation is essential.

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At Frank Penney Injury Law, we’ve successfully handled over 6,000 personal injury cases and recovered nearly $500 million for our clients. With over 25 years of experience, Frank Penney is recognized as the 2023 California Consumer Attorney of the Year and is dedicated to fighting for accident victims' rights.

The information provided on this blog is for general informational purposes only and does not constitute legal advice. The content presented is not tailored to any specific case or set of facts and should not be relied upon as a substitute for professional legal counsel. Every personal injury case is unique and requires an individualized assessment by a qualified attorney.

We strongly encourage you to consult with a competent attorney to address your specific legal needs and circumstances. This blog makes no guarantees regarding the accuracy, completeness, or relevance of the information provided, and we disclaim any liability for actions taken or not taken based on the content herein.

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