After an accident, advice seems to come from everywhere.
A friend tells you the accident was “too minor” to matter. Someone says you cannot recover anything because you were partially at fault. An insurance adjuster makes an offer and tells you the claim can be resolved quickly.
The problem is that some of the most common assumptions about personal injury claims are simply not accurate.
For people injured in Los Angeles, Burbank, Glendale, and throughout California, understanding the difference between a legal myth and reality can help you make better decisions about your health, your finances, and your rights.
Here are five common personal injury misconceptions and what California accident victims should know instead.
Myth #1: “If I Was Partially at Fault, I Can’t Recover Anything”
The reality: California allows fault to be shared.
Being partially responsible for an accident does not automatically prevent you from recovering damages.
California follows a comparative fault system. This means responsibility can be divided between multiple people involved in an accident. If an injured person is found partially responsible, that percentage of fault can affect the amount ultimately recovered rather than automatically eliminating the claim. California civil jury instructions specifically recognize that a claimant’s own negligence may reduce recovery instead of acting as a complete bar.
For example, fault in a traffic accident may depend on factors such as:
- Speed
- Right of way
- Distracted driving
- Witness statements
- Video or dashcam footage
- Vehicle damage
- Police reports
What to do instead
Do not assume you have no case simply because you believe you may have contributed to the accident.
Let the evidence determine responsibility.
Myth #2: “I Felt Fine After the Accident, So I Must Not Be Injured”
The reality: Not every symptom is obvious immediately.
After a collision, some people experience pain or other symptoms later rather than at the scene.
That does not automatically mean an injury is serious or that a legal claim exists, but it is one reason you should pay attention to how you feel after an accident instead of making assumptions in the moment.
Statements such as “I’m fine” can also create confusion later if symptoms develop.
What to do instead
Put your health first.
If you are experiencing symptoms after an accident, seek appropriate medical evaluation and follow your healthcare provider’s recommendations.
Also keep records relating to treatment, appointments, symptoms, and expenses.
Clear medical documentation can help establish what happened and when symptoms appeared.
Myth #3: “The Insurance Company Offered Me Money, So It Must Be a Fair Settlement”
The reality: An offer is still an offer.
Receiving a settlement offer does not automatically tell you whether the amount reflects the full impact of an accident.
A personal injury claim may involve more than an emergency room bill.
Depending on the circumstances, damages can potentially involve:
- Medical expenses
- Future treatment
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
- Other accident related losses
The full extent of an injury may also be unclear early in the process.
What to do instead
Understand exactly what you are agreeing to before signing a release or accepting a final settlement.
Ask:
What expenses does this settlement cover?
Are future medical expenses being considered?
Am I releasing additional claims by accepting it?
Do I fully understand my injuries yet?
You are allowed to ask questions before making a decision.
Myth #4: “I Have Plenty of Time to Deal With My Claim”
The reality: California has legal deadlines.
Waiting can create problems.
California Courts states that personal injury lawsuits generally have a two year statute of limitations from the date of injury, although exceptions can apply.
Claims involving government entities can have dramatically shorter deadlines. In many California injury cases involving a government agency, an administrative claim must first be submitted within six months.
That could potentially matter in situations involving:
- Government vehicles
- Public transportation
- Dangerous public property
- City or county agencies
- Certain public employees
What to do instead
Do not wait until the deadline is approaching to investigate your options.
Evidence can disappear.
Witnesses can become harder to locate.
Surveillance footage may be erased.
Documents can be lost.
Even when the legal deadline seems far away, understanding your situation early can make the process easier.
Myth #5: “I Need to Know Exactly Who Was Responsible Before I Contact an Attorney”
The reality: Determining responsibility may require investigation.
Accidents are not always straightforward.
A car collision may involve multiple drivers.
A rideshare accident may involve different insurance policies.
A dangerous property claim may involve the property owner, management company, tenant, contractor, or another party.
California Courts notes that identifying the correct responsible party is not always obvious and may involve the individual who caused the injury, a property or vehicle owner, or even an employer depending on the circumstances.
What to do instead
Focus on preserving information.
After an accident, when possible:
- Take photographs and video
- Save witness information
- Keep medical records
- Keep repair estimates and receipts
- Save correspondence from insurance companies
- Preserve rideshare app information when applicable
- Keep anything related to the incident organized
You do not need to solve the entire legal case before asking questions about it.
What Should You Do If You Think You Have a Personal Injury Claim?
Start by gathering the facts.
You do not need to know exactly what your case is worth, who carries every percentage of fault, or whether your situation legally qualifies before speaking with an attorney.
A consultation should help answer those questions.
At BNG Legal Group, we help people throughout California understand their options after accidents involving personal injury.
Our practice includes matters involving:
Car accidents
Rideshare accidents
Motorcycle accidents
Slip and falls
Dog bites
Other injuries caused by negligence
The first step is simply understanding your situation.
Questions About a Potential Personal Injury Case?
If you were injured in Burbank, Glendale, Los Angeles, or elsewhere in California, BNG Legal Group can review the circumstances and help you understand what options may be available.
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BNGLegalGroup.com
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This article is provided for general informational purposes and is not legal advice. Every case is different, and deadlines and legal requirements can vary depending on the circumstances.