Mistakes that can Jeopardize a California Personal Injury Case

by admin on December 4, 2010

Mistakes that can Jeopardize a California Personal Injury Case

Mistakes that can Jeopardize a California Personal Injury Case

When you are injured in an accident caused by the negligence of someone else, you may decide to file an insurance claim—or you may need to take significant legal action to pursue the full compensation you need for a serious injury.  But in the time immediately following an accident—whether it is an auto vehicle accident, a slip and fall on a wet grocery store floor, or even medical malpractice—you cannot rely on your constitutional rights to ensure proper handling of the situation to protect your case.  You are on your own.

Everyone should know what to do to avoid errors that can harm the ability to pursue full and fair compensation for a California personal injury claim.

Avoid these common errors

Auto accidents are the most common types of personal injury cases in California, yet many individuals make the following mistakes, which are applicable to virtually any type of accidental injury:

Admitting fault. Aside from checking for injuries, exchanging information, and handling any other matters of business, you should avoid conversations with anyone—drivers or witnesses—at the accident scene.  Any statement you make can be interpreted as admission of fault, which can potentially eliminate your ability to collect the compensation you deserve.  Even in discussions with police, watch what you say.
Counting on your memory for the details. No matter where you are or what you are doing, pen and paper should always be nearby.  You need to obtain contact and insurance information from everyone involved in a car accident, contact information for all witnesses, and your observations about what happened before and during the accident, as well as any statements you heard after the fact.
Discarding evidence. Do not pre-judge what may be important to your case.  Most people know they should not get auto repairs until they receive an insurance settlement offer—but they may toss bloody clothing after a dog bite, or even packaging and documentation from a power tool that caused injury.  Let your attorney decide what is important it is their job to help you with your San Jose personal injury.
Taking a do-it-yourself approach. In many cases, an initial consultation with a California personal injury attorney is free, so it makes sense to seek advice before you call in an insurance claim or attempt to take any legal action.  A personal injury lawyer in California can advise you on how to handle your own insurance claim properly—and attorneys can tell you when you need to pursue an out-of-court settlement or take your case before a jury.

Contact an experienced San Jose personal injury law firm as soon as possible after an accident

Obtaining medical attention for your injuries is always your first priority.  But seek legal advice as soon as possible.  The San Jose personal injury lawyers at the Law Offices of Fernando V. Hernandez  are dedicated to providing the highest quality legal services to each of our clients.  Contact us today to find out how the firm can assist in your situation.  Most initial consultations are without obligation.  Se habla español.


About the Author:
Mr. Hernandez was educated in the San Jose area and is a graduate of Willow Glen High School.  He attended Santa Clara University, where he received Bachelors of Science degrees in Economics and in Business.  Following his undergraduate work, Santa Clara University awarded Mr. Hernandez a fellowship to pursue his Masters of Business Administration.  He later accepted an academic scholarship to attend University of California Berkeley, Boalt Hall School of Law, where he received his Juris Doctorate.  Currently he focuses on matters of personal injury, accidents, head & spinal injuries, sex abuse, and wrongful death in San Jose.
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