Home » Blog » Common Mistakes in Personal Injury Cases in California
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Last Modified on Sep 08, 2026
After an accident, taking the immediate steps, like calling for help, receiving emergency medical care, and filing a police report, is essential. However, navigating the claims process in the days that follow can still feel complex, and innocent missteps early on can unintentionally affect the strength of your recovery.
Many common personal injury mistakes occur within the first two weeks, long before legal counsel is even considered. A missed follow-up doctor’s visit, a casual remark during a routine claim update, or a quick post on social media might seem harmless in the moment, but each can alter how your situation is evaluated.
At Bentley & More LLP, we have guided countless Californians through the nuances of the claims process. This guide outlines the most common missteps so you can protect your health, communicate clearly, and ensure your claim accurately reflects what you have experienced.
Waiting Too Long to See a Doctor
A delay of even a few days between an accident and your first medical visit can create confusion about when your injury occurred. From an evaluation standpoint, a gap in care is often read as an indicator that the pain was mild or unrelated to the event.
It is equally important to be upfront about pre-existing conditions, as complete transparency helps doctors distinguish between past health history and new injuries. See a medical provider as soon as possible after an incident, and stick closely to the treatment plan they recommend.
Talking to the Insurance Adjuster Before You’re Ready
An adjuster who calls within 48 hours sounding friendly is doing their job, and their job is to get a recorded statement while you’re still shaken and grateful someone called. You are not required to give one, not to the other driver’s insurer and not always to your own.
When you are still recovering, quick or polite answers can easily be misunderstood and confuse your claim later on. Write down the adjuster’s name and claim number, learn your rights, and speak with our team before giving a recorded statement. If an adjuster ever acts unfairly, the California Department of Insurance is the state agency that oversees them and handles complaints against adjusters who cross a line.
If you have already given a statement, Bentley & More LLP can review what was recorded to help keep your claim clear and accurate.
Posting About Your Accident on Social Media
Defense investigators check your public profiles before your case reaches a courtroom, looking for anything that contradicts your claim. Skip posting about:
- The accident itself, even a vague update to worried friends
- Physical activity, including a gym check-in from before the injury flared back up
- Your recovery timeline, since feeling better can undercut a pain and suffering damages claim
Set your accounts to private and ask anyone tagging you in photos to hold off until your case resolves.
Skipping the DMV Accident Report
Most people never learn California requires a separate report to the DMV, not just the police, within 10 days of any crash causing injury or over $1,000 in damage. Skipping the SR-1 report can suspend your license regardless of fault. File it even if an officer already wrote one at the scene.
Missing California’s Filing Deadline
These deadlines don’t bend, and missing one by even a day usually ends a case for good. The California Courts Self-Help Center walks through personal injury filing basics for anyone tracking their own timeline.
The Two-Year Rule
Under California Code of Civil Procedure section 335.1, most personal injury lawsuits must be filed within two years of the accident, and that clock keeps running even during settlement talks.
The Six-Month Rule for Government Claims
If a public entity caused your injury, like Caltrans failing to maintain a state highway, the window shrinks to six months under Government Code section 911.2. Bentley & More has taken on cases like this before, including a $31.5 million verdict against Caltrans for a dangerous roadway defect, and the claim almost always turns on whether that early notice went out on time.
Settling Before You Know the Full Cost of Your Injury
Insurance companies move fast on early offers because the number gets harder to defend once your medical documentation is complete. A back injury that looks minor in week two can mean surgery in month four, and once you sign a release, that later diagnosis is your problem to pay for, not theirs.
Under California’s pure comparative negligence rule, you can still recover damages even if you share some of the blame, so a low offer justified by shared fault is often just a negotiating tactic. A personal injury attorney can tell you what your recovery actually looks like before you sign anything final.
FAQs
Q: What if I already gave a recorded statement to the adjuster?
A: You can still build a strong claim. Tell your attorney exactly what you said, since inconsistencies matter more than the statement itself.
Q: How long do I have to file a personal injury lawsuit in California?
A: Two years from the date of the accident, in most cases. If a government agency was involved, that window drops to six months for the initial claim.
Q: Will a gap in my medical treatment automatically sink my case?
A: Not automatically, but it gives the other side an argument to make. Explain the gap to your doctor and attorney, whatever the reason was.
Q: Can I still recover money if I was partly at fault for the accident?
A: Yes. California lets you recover damages even if you were mostly at fault, though your percentage of fault reduces the total.
Q: Should I take the insurance company’s first settlement offer?
A: Rarely, especially early on. First offers are usually priced to close the file fast.
Bentley & More LLP: Your Newport Beach Personal Injury Law Firm
You came here because something already happened, and you’re trying to figure out if you’ve made it worse. In most cases, you haven’t, and the mistakes on this list are recoverable if someone catches them soon enough.
Bentley & More LLP has spent years untangling files where an early misstep, a missed appointment, an offhand comment to an adjuster, threatened to shrink a fair settlement, and that kind of review is routine work for this Newport Beach team (part of why its trial lawyers keep getting called back into cases other firms passed on).
Contact our firm today for a free consultation, and bring the questions you have been sitting on.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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