A Los Angeles California Personal Injury Attorney on 10 Things Hurting Your Personal Injury Claim
A successful personal injury claim can allow people to be reimbursed for expenses from an accident caused by another party. But many people don’t realize that what they could see as an insignificant action can actually hurt their claim.
Keep reading to discover 10 things that typically hurt or delay a personal injury claim in the long run, according to BD&J personal injury attorneys. Connect with an experienced Los Angeles, California personal injury attorney to get your claim back on track.
Key Takeaways
- According to data from the Superior Court of Los Angeles County, there were over 111,300 civil cases filed in 2025. (Superior Court of California)
- Personal injury claims can allow people to pursue compensation for medical expenses, repair costs, and other damages after an accident.
- Delaying medical treatment, apologizing after a vehicle accident, and even posting on social media about a claim can negatively impact a personal injury claim.
- Working with a Los Angeles personal injury attorney can help get your personal injury claim back on track.
The Number of Personal Injury Claims Are Going Up
People get injured every day, but when their injuries come from the negligent or reckless actions of another person, company, or entity, they have the right to pursue a lawsuit for compensation.
The number of personal injury cases go up each year, and for good reason. Some of the factors that may drive a large number of claim filings include:
- The high cost of an average hospital stay (Average cost for an inpatient-stay is around $14,101)
- People are becoming more aware of their right to file and be represented in a legal claim after being injured in an accident
- Higher accident frequency due to greater population numbers (1 in 5 people sought medical attention for an injury in 2024)
- The cost of living (particularly in California) is at an all-time high, which means that being out of work, repairing vehicles, medical care, physical therapy, and the other expenses that come after an accident are not feasible for the average person
The legal landscape of a personal injury claim can be complex for some people, leaving room for mistakes that can set back a claim.
What’s Hurting Your Personal Injury Claim?
Are you in the middle of filing a personal injury claim, but it doesn’t seem like it’s progressing? Perhaps you’re curious to learn more about filing a claim before sitting down with a Los Angeles personal injury attorney.
Here are 10 things that may actually be harming your claim:
- You Filed a Personal Injury Claim without a Personal Injury Attorney
While you can file a personal injury claim without an attorney, legal statutes, terminology, and even not having that extra expertise by your side can lead to a lower compensation amount, missed case deadlines, and more.
- You Waited Too Long to File a Claim
Waiting too long to file a claim can be a problem if the statute of limitations runs out for your personal injury case. Once the 2-year statute of limitations runs out, you forfeit your right to file a claim and can no longer recover compensation.
- You Delayed or Skipped Medical Treatment
Delaying or even skipping medical treatments can not only negatively affect your health but can also impact your personal injury claim. The other party’s representation can argue that your injuries were from another accident, or that you made your injuries worse by skipping certain treatments.
- You Posted About the Claim on Social Media
Social media is public and accessible to anyone, and Los Angeles California personal injury attorneys warn that this may come with a price for your case. Posting on social media about your accident, liability, or even posting vacations and other physically challenging events like running a marathon or going on a hike can counter a claim and the presentation of your injuries.
- You Apologized After the Accident
Apologizing after an accident is typically seen as an admission of guilt. If your personal injury incident was a car accident, you want to refrain from apologizing or saying other things that could hold you liable.
- You Spoke to Another Insurance Adjuster Alone and Often
Insurance companies have the goal of reducing or denying payouts, so they will often try to use your own words against you. It’s better to consult with a Los Angeles personal injury lawyer before speaking with insurance.
- You Threw Away Medical Bills and Other Receipts
The goal of every personal injury claim is to recover compensation for your medical expenses, vehicle repairs, and other accident-related losses, which can be extremely difficult if you have no copies of invoices or receipts to submit for compensation.
- You Undervalued Your Case
Many people are quick to accept an initial settlement offer, but things like future expenses, pain and suffering, and other damages are often ignored or undervalued. A lawyer can guide you by calculating a fair settlement.
- You Didn’t Disclose a Pre-Existing Information
Most injured Californians wonder if their pre-existing condition will harm their case, but it’s much more harmful to keep this information to yourself. Be sure to provide this information to your attorney early on. A pre-existing condition does not necessarily reduce or eliminate your chances of recovering compensation.
10. You Failed to Disclose Your Partial Fault in an Accident
Any amount of fault in your accident doesn’t automatically keep you from collecting compensation in a claim. California recognizes comparative negligence, which means that you can still recover compensation for your injuries even if you had some percentage of fault.
How Consulting a Los Angeles Personal Injury Attorney Can Help a Struggling Claim
If you are anxious about filing a claim or you want to look into talking with a legal expert, a Los Angeles California personal injury attorney can help.
While you’re recovering from a stressful accident, you may be wary about impacting your claim in any way. A personal injury lawyer can:
- Present your claim and ensure it’s presented in the proper jurisdiction and before the statute of limitations runs out
- Help in the collection of evidence
- Interview expert witnesses for accident reconstruction, injury severity, quality of life after an accident, etc.
- Negotiate a fair compensation on your behalf
- Communicate with the other legal representatives and insurance companies of the other party
Frequently Asked Questions
What are Common Injuries After an Accident I Can Pursue a Claim For?
Some of the most common injuries after a personal injury accident include spinal cord injuries, catastrophic injuries, traumatic brain injuries, broken or fractured bones, and lacerations.
What if My Loved One Passed Away from Their Accident Injuries?
No one should have to deal with the wrongful death of a loved one due to negligence or recklessness. Talk to a wrongful death attorney in Los Angeles to learn about filing a claim.
How Much is My Personal Injury Case Worth?
Every case is different, and consulting with a personal injury attorney will help you understand the value of your own claim.
Some of the factors that determine compensation for a personal injury lawsuit include injury severity, loss of income, decreased quality of life, and disability.
Who is Liable if My Vehicle Accident Involved a Delivery Van?
With a growing rate of delivery van accidents in Los Angeles, there’s often a question of who can be held liable in a personal injury claim after one of these accidents. Typically, liability may rest on either the van driver, their employer, or the city if the accident was caused by road flaws or lack of road signs.
Do I Have to Call the Police After an Accident?
California law says that any vehicle accident must be reported to the police if there were injuries or fatalities, or if the property damage is greater than $1,000. Calling the police for any accident can also generate a report, which could be used in your lawsuit later on.
Can I Get Compensated for the Same Accident More than Once?
No, you can only get compensated once. This is why it’s essential to calculate the value of your claim and cover future expenses, as you cannot file a second claim for the same accident.
Why Do People Call a Los Angeles California Personal Injury Attorney from BD&J?
At BD&J, we work closely with every client in the fight for justice. We’ve recovered more than $3 billion* in compensation and never turn our backs on any case that walks through our doors.
We work on a contingency fee basis, which means we advance all case costs to clients and recover attorney fees from the final compensation amount after a case resolves. This means no upfront fees* and peace of mind for you to focus on recovery.
My Mother Only Speaks Armenian, Are BD&J Attorneys Bilingual?
Absolutely, our Los Angeles personal injury attorneys speak Armenian, Spanish, Russian, Hebrew, Farsi, and more.
How To Document Your Injuries for a Personal Injury Claim
Every personal injury claim starts with a presentation of serious injuries. Document your own injuries by:
- Seek medical attention immediately. – Even if you don’t feel any symptoms of injuries like pain or discomfort, it is vital that you seek medical attention immediately. Some injuries take longer to show symptoms.
- Take photos or videos of visible injuries. – Bruising, cuts, scrapes, and other visual injuries should be documented by photo or video.
- Keep a pain journal. – Keeping a pain journal to record daily moments of pain and discomfort (as well as pain levels) from your injuries can show the impact of an injury on your routine.
- Talk to a Los Angeles California personal injury attorney. Talking to a personal injury lawyer in Los Angeles can help you learn more about evidence collection, and an attorney can also interview expert witnesses who can attest to the seriousness of your injuries.
Struggling to File a Personal Injury Claim? BD&J Los Angeles California Personal Injury Attorneys are Here for You.
While the things mentioned above can hurt your claim more than many people realize, you can better a potential claim by working with a personal injury attorney. BD&J is the law firm in Los Angeles, California you can call to connect with an expert attorney.
Visit our main office LA office at 11175 Santa Monica Blvd., Los Angeles, CA 90025, or call us and one of our attorneys will come to you.
Call the BD&J law firm at 855-906-3699 or complete our form to schedule a free initial consultation!