888-970-5729
600+In the aftermath of an accident, victims often feel overwhelmed and disoriented. This can lead to neglecting crucial post-accident safety measures, ultimately affecting their health and financial well-being.
Common Mistakes Before Filing a Personal Injury Claim–and How to Prevent Them
Some of the most common personal injury claim mistakes often include:
- Not Seeking Medical Attention
- Admitting Fault or Saying Too Much
- Posting on Social Media
- Failing to Gather Evidence
- Waiting Too Long to Contact an Experienced Attorney
To help you avoid critical missteps, here are five mistakes to avoid in a personal injury case, along with practical strategies to prevent them. For further assistance, contact a personal injury lawyer.
Mistake 1: Not Seeking Immediate Medical Attention
Why This Hurts a Personal Injury Case
After an accident, adrenaline often masks pain, leading victims to assume they’re uninjured. However, hidden injuries, such as soft tissue injuries, concussions, or internal bleeding, are not only common in most personal injury cases, but they can progressively worsen if left untreated.
Consequently, insurance companies can argue that the injuries were not serious, were not caused by the accident, or were worsened due to the injured party’s negligence in seeking medical treatment.
Delaying medical care not only jeopardizes health but also creates gaps in medical records, making it difficult to prove the extent of injury.
A strong personal injury claim depends on clear documentation showing a direct link between the accident and sustained injuries. Without medical records, proving causation becomes much more difficult.
How to Avoid This Common Mistake
Seek immediate medical attention.
Even if you feel fine, go to the ER, urgent care, or your primary doctor as soon as possible. Ensure you continue to follow the doctor’s orders, retain all medical bills, and preserve records to prove damages.
Follow through on all medical treatment.
Consistency matters. Missing doctor visits, delaying treatment, or prematurely stopping medical care gives the impression that injuries are not serious.
Document everything.
Retain all invoices, medical records, prescriptions, and doctors’ notes. These documents establish a timeline of when injuries were reported, when treatment began, and the cost of medical care, ultimately strengthening the personal injury claim.
Mistake 2: Admitting Fault or Sharing Too Much
Why This Hurts a Personal Injury Case
A natural reaction following most incidents is to apologize, even when there is no reason to be sorry.
Unfortunately, this sincere gesture can be twisted into an admission of liability. Insurance adjusters and defense attorneys are trained to capitalize on any statement that can shift blame away from the negligent party.
The same is true for oversharing. Victims sometimes give long, unnecessary statements to insurance companies, thinking honesty will help.
Instead, these statements are often taken out of context, used against the injured victim, or misinterpreted to minimize payouts and the extent of damages.
How to Avoid This Common Mistake
Do not overshare and say less.
At the accident scene, exchange only necessary information, like names, contact numbers, and insurance information. Avoid further interactions or speculating fault.
Do not speak with insurance adjusters without legal representation.
Insurance companies prioritize their financial interests. They are not on the victim’s side and may request recorded statements to manipulate the truth and assign blame to the victim.
Consult with a skilled attorney.
A personal injury lawyer can manage all communication on behalf of clients, ensuring their words aren’t misrepresented and protecting them from deceitful tactics from the insurance company.
Mistake 3: Posting on Social Media
Why This Hurts a Personal Injury Case
Social media use is a daily activity for many, and while it’s okay to still utilize the apps, it is strongly advised to avoid posting–even if it’s unrelated to the personal injury accident itself.
Insurance companies and defense lawyers regularly monitor social media platforms like Facebook, Instagram, TikTok, and X (formerly Twitter), looking for evidence contradicting the personal injury claim or suggesting the victim’s injuries are not severe.
Social media activity can significantly impact a personal injury claim. Even seemingly harmless posts, such as a smiling photo at a family event, might be misconstrued that you are not experiencing pain.
Similarly, posting about going to the gym, even to rehab an injury, could be argued to mean that your injuries are not as serious as claimed.
Sharing accident details online might create inconsistencies in your statements, which the defense could then use against you.
How to Avoid This Common Mistake
Avoid posting for the time being.
The safest route is to stop posting altogether until the case has been resolved.
Review and update privacy settings.
All social accounts should be set to private to restrict who can view posts. Always assume that anything posted online could be presented as evidence in court.
Ensure friends and family are on the same page.
Advise friends, family, and acquaintances to refrain from tagging or posting about you on social media until the case is resolved.
Mistake 4: Failing to Gather Evidence
Why This Hurts a Personal Injury Case
Sufficient evidence is the foundation of a strong personal injury claim. Many victims mistakenly rely solely on the police, insurance companies, or property owners to gather the necessary evidence on their behalf, but this is not usually the case.
Without photos of the accident site, witness statements, or other valuable pieces of evidence, the case is reduced to one person’s word over the other’s, which will not result in a fair outcome.
Additionally, waiting too long to gather evidence can result in critical details being lost, such as skid marks fading, surveillance footage getting erased, black box data being deleted, or witnesses forgetting important details.
How to Avoid This Common Mistake
Document the accident scene immediately.
Take photos and videos of visible injuries and other visuals that can help illustrate the scene of the incident. For car accident cases, take photos of the involved vehicles and file a police report.
Collect witness contact information.
Collect names, phone numbers, and written statements from individuals who witnessed the event. This is particularly important for car accidents and other motor vehicle-related accidents, such as motor vehicle accidents, pedestrian accidents, and rideshare accidents.
Preserve evidence and detailed records.
Do not discard or repair damaged clothing, broken items, or anything else directly connected to the accident. Keeping property damage in its current state helps to visualize the accident’s severity. Also, retain medical bills, email/phone correspondence with insurance companies, and pay stubs for lost income.
Mistake 5: Waiting Too Long to Contact a Personal Injury Lawyer
Why This Hurts a Personal Injury Case
While not all cases necessarily require legal representation, it is always beneficial to at least consult with an experienced personal injury attorney closely following an accident to recover a fair settlement.
Waiting until a concern arises or attempting to handle the legal proceedings independently carries many risks, causing irreversible harm, like accepting an undervalued settlement.
For instance, prematurely engaging with an insurance adjuster can jeopardize the personal injury case, potentially resulting in the victim being deemed at fault or the claim being rejected.
Additionally, California’s statute of limitations strictly limits the amount of time to file a lawsuit. Failing to meet this filing period will result in losing the right to seek compensation.
How to Avoid This Common Mistake
Consult with a personal injury attorney as soon as possible.
Even if you are unsure whether you have a case or not, a consultation has many benefits, as most offer free case reviews and provide victims with legal knowledge that may not have been previously available to them.
Don’t wait for a problem to arise.
Experienced lawyers make all the difference by enhancing the monetary value of a claim. They achieve this by protecting the inherent value of the case, ensuring the preservation of evidence that proves the extent of damages, and preventing clients from consenting to undervalued settlements.
Familiarize yourself with the appropriate statute.
In California, the statute of limitations for most personal injury lawsuits is two years. However, this period can be reduced to six months for cases against government entities. For minors, the filing period is paused until they turn 18.
How to Protect Your Personal Injury Claim and Common Mistakes to Avoid
Whether injured in a car accident, slip-and-fall, workplace incident, or another negligence-related incident, it’s important to familiarize yourself with these common mistakes to avoid. It will protect your legal rights and maximize your chances of a successful outcome.
Unfortunately, the legal system and insurance companies are not forgiving when these mistakes are made. A single error in judgment, an offhand comment, or a delay in seeking medical attention can weaken your claim, reduce your settlement, or even cost you the ability to recover damages altogether. To recap:
- Seek medical attention and retain medical bills. Both your health and your case depend on it. Ongoing medical care and future expenses can be compensated by the at-fault party.
- Do not admit fault or overshare. Let your lawyer handle all communications with the insurance company and the other party.
- Stay off social media. Anything you post can be used against you.
- Gather and preserve evidence. The sooner evidence is collected, the stronger the case will be. This includes pay stubs to indicate lost wages, police reports, and other detailed records.
- Contact an experienced attorney as soon as possible. Do not wait for a problem to develop. Schedule a free consultation with a personal injury law firm.
Contact a Personal Injury Lawyer for a Free Consultation
When filing a personal injury claim, it’s not just about recovering money; it’s about holding negligent parties accountable and ensuring you have the resources needed to heal physically, emotionally, and financially. Every action you take (or fail to take) after an accident can influence the outcome of your case.
By avoiding these common mistakes, you protect not only your health but also your right to fair compensation. If you or a loved one has been injured in an accident, don’t navigate the complex process of filing a personal injury claim alone.
Contact an experienced personal injury attorney from Attorney Jeff Car Accident Lawyer who can protect your rights, so you can receive fair compensation.
After an accident, Jeff’s got you.