Common Mistakes to Avoid in Personal Injury Claims

1. Failing to Seek Immediate Medical Attention

One of the most critical mistakes in personal injury claims is delaying or avoiding medical treatment. Even if injuries seem minor, symptoms can worsen over time. Insurance companies often argue that a delay in treatment indicates the injury wasn’t serious.

• Why It Matters: Medical records serve as crucial evidence linking injuries to the accident.
• What to Do: Visit a doctor immediately after an accident, follow treatment plans, and keep detailed records.

2. Not Documenting the Accident Properly

Insufficient documentation weakens a claim. Many victims fail to gather evidence at the scene, leading to disputes over liability.

• Essential Documentation:
  • Photos/videos of the accident scene, injuries, and property damage.
  • Witness statements and contact details.
  • Police reports (if applicable).
• What to Avoid: Relying solely on memory; evidence deteriorates over time.

3. Giving Recorded Statements to Insurance Adjusters

Insurance adjusters often request recorded statements to minimize payouts. Innocent remarks can be twisted to reduce compensation.

• Common Tactics: Asking leading questions, downplaying injuries, or pressuring for quick settlements.
• Better Approach: Politely decline recorded statements and consult an attorney before speaking with insurers.

4. Accepting the First Settlement Offer Too Quickly

Early settlement offers are typically lowball figures designed to close cases before full damages are known.

• Hidden Costs: Future medical bills, lost wages, and long-term disability may not be accounted for.
• Strategy: Wait until maximum medical improvement (MMI) is reached before negotiating.

5. Posting About the Accident on Social Media

Insurers and defense attorneys scour social media for posts that contradict injury claims.

• Examples to Avoid:
  • Posting vacation photos (implies good health).
  • Discussing the accident or injuries online.
• Safe Practice: Set profiles to private and refrain from posting about the case.

6. Missing Deadlines (Statute of Limitations)

Every state imposes a deadline (statute of limitations) to file a personal injury claim. Missing it forfeits the right to compensation.

• Typical Timeframes:
  • Car accidents: 2–3 years (varies by state).
  • Workers’ comp claims: Often shorter deadlines.
• Solution: Consult an attorney immediately to ensure timely filing.

7. Not Hiring an Experienced Personal Injury Attorney

Many victims handle claims alone, believing they’ll save money. However, insurers take advantage of unrepresented claimants.

• Benefits of an Attorney:
  • Accurate valuation of damages.
  • Strong negotiation with insurers.
  • Litigation experience if a lawsuit is necessary.
• When to Hire One: Early in the process to avoid costly missteps.

8. Underestimating the Full Value of the Claim

Victims often overlook compensable damages, settling for less than they deserve.

• Commonly Missed Damages:
  • Emotional distress.
  • Loss of future earning capacity.
  • Pain and suffering.
• How to Calculate Fair Compensation: Work with an attorney to assess economic and non-economic losses.

9. Ignoring Comparative Negligence Rules

Some states reduce compensation if the victim shares partial fault (e.g., not wearing a seatbelt).

• Impact: A 20% fault finding could reduce a $100,000 award to $80,000.
• Defense Strategy: Gather evidence to minimize assigned fault.

10. Failing to Follow Doctor’s Orders

Insurance companies monitor compliance with medical advice. Gaps in treatment or missed appointments can be used to dispute injury severity.

• Key Actions:
  • Attend all medical appointments.
  • Follow prescribed therapies.
  • Avoid activities that contradict injury claims (e.g., heavy lifting).

11. Not Keeping a Pain Journal

Subjective injuries (e.g., chronic pain) require detailed documentation.

• What to Record:
  • Daily pain levels.
  • Emotional impact.
  • How injuries affect work and daily life.
• Legal Value: Strengthens claims for non-economic damages.

12. Settling Before Knowing Long-Term Prognosis

Some injuries (e.g., traumatic brain injuries) have delayed symptoms. Settling too soon may leave victims without recourse for future complications.

• Medical Evaluation: Obtain a long-term prognosis from specialists before finalizing settlements.

13. Signing Medical Authorization Forms Too Broadly

Insurers may request access to unrelated medical records to argue pre-existing conditions caused injuries.

• Risk: Unrestricted access can harm the claim.
• Alternative: Provide records only relevant to the accident.

14. Not Preserving Evidence

Critical evidence (e.g., damaged vehicles, surveillance footage) can disappear if not secured quickly.

• Action Steps:
  • Preserve physical evidence.
  • Request copies of security tapes promptly.

15. Assuming All Lawyers Are the Same

Choosing an inexperienced or non-specialized attorney can hurt the case.

• Selection Criteria:
  • Proven track record in personal injury law.
  • Trial experience (if needed).
  • Positive client testimonials.

16. Overlooking Future Medical Costs

Many victims settle without accounting for ongoing treatments (e.g., surgeries, physical therapy).

• Expert Input: Consult medical and financial experts to project future expenses.

17. Not Understanding the Claims Process

Navigating insurance procedures alone can lead to errors.

• Key Steps:
  • File claims promptly.
  • Submit all required documentation.
  • Avoid admitting fault.

18. Letting Emotions Dictate Decisions

Anger or frustration may lead to poor choices (e.g., aggressive communication with insurers).

• Professional Guidance: An attorney handles negotiations objectively.

19. Disregarding Legal Fees and Costs

Some fear high legal fees, but most personal injury attorneys work on contingency (paid only if they win).

• Fee Structures: Typically 30–40% of the settlement, but varies by case.

20. Failing to Review Settlement Agreements Thoroughly

Some agreements include clauses that waive future claims.

• Critical Review: Ensure the settlement covers all damages before signing.

By avoiding these mistakes, victims can maximize compensation and navigate the claims process effectively.