After an injury, you're focused on recovery and taking care of your family. But certain mistakes during this time can seriously damage your personal injury claim—even if you have a strong case. Here are the five most common mistakes I see clients make, and how to avoid them.
Mistake #1: Not Seeking Immediate Medical Attention
**The Mistake:** You feel sore after the accident, but you think you're fine. You're busy, you don't want to make a fuss, or you can't afford to take time off work. So you wait a few days—or weeks—to see a doctor.
**Why It Hurts Your Case:** Insurance companies will argue that if you didn't seek immediate medical care, you weren't really injured. They'll claim your injuries came from something else or that you're exaggerating.
**What to Do Instead:** See a doctor within 24-48 hours of the accident, even if you feel okay. Adrenaline can mask pain, and many injuries don't show symptoms immediately. Document everything and follow all treatment recommendations.
Mistake #2: Posting on Social Media
**The Mistake:** You post a photo of yourself at your daughter's soccer game, smiling and looking happy. Or you check in at the gym. Or you comment on a friend's post about going out.
**Why It Hurts Your Case:** Insurance companies and defense attorneys scour social media for evidence to use against you. That photo of you smiling? They'll use it to argue you're not in pain. That gym check-in? They'll claim you're not really injured.
**What to Do Instead:** Stay off social media entirely while your case is pending. If you must use it, never post about: - Your accident or injuries - Your activities or whereabouts - How you're feeling - Anything that could be misinterpreted Set all accounts to private and don't accept friend requests from people you don't know.
Mistake #3: Giving a Recorded Statement to the Insurance Company
**The Mistake:** The other driver's insurance adjuster calls you, sounds friendly and concerned, and asks you to give a recorded statement about the accident. You want to be helpful, so you agree.
**Why It Hurts Your Case:** Insurance adjusters are trained to get you to say things that minimize their liability. They'll ask leading questions designed to get you to: - Admit fault - Downplay your injuries - Contradict yourself - Give information they can use against you later
**What to Do Instead:** You're required to cooperate with YOUR insurance company, but you don't have to talk to the other driver's insurance company. Politely decline and say you'll have your attorney contact them. If you don't have an attorney yet, get one before giving any statements.
Mistake #4: Accepting the First Settlement Offer
**The Mistake:** The insurance company offers you a settlement within days or weeks of the accident. You're under financial pressure, and the amount sounds good, so you accept.
**Why It Hurts Your Case:** First offers are almost always lowball offers. Insurance companies know you're stressed and need money, so they try to settle quickly before you understand the full extent of your injuries and damages. Once you accept and sign a release, you can't go back for more money—even if you discover later that your injuries are worse than you thought.
**What to Do Instead:** Don't accept any settlement without: - Completing all medical treatment (or at least understanding your long-term prognosis) - Calculating all your damages (medical bills, lost wages, future expenses) - Consulting with an attorney Most cases are worth significantly more than the first offer.
Mistake #5: Waiting Too Long to Hire an Attorney
**The Mistake:** You think you can handle the claim yourself, or you don't want to "bother" an attorney, or you're worried about the cost. By the time you realize you need help, critical evidence has been lost or the statute of limitations is approaching.
**Why It Hurts Your Case:** - Evidence disappears (security footage is deleted, witnesses forget details) - Your own statements to insurance companies can be used against you - You may miss important deadlines - You don't know what your case is really worth - Insurance companies take advantage of unrepresented claimants
**What to Do Instead:** Consult with a personal injury attorney as soon as possible after the accident. Most attorneys, including our firm, offer free consultations and work on contingency—you don't pay unless we win. An attorney can: - Protect your rights from day one - Handle all communication with insurance companies - Gather and preserve evidence - Calculate the true value of your case - Negotiate for maximum compensation ## Bonus Mistake: Not Following Doctor's Orders
If your doctor tells you to attend physical therapy, take medication, or follow up for additional treatment, do it. Insurance companies will argue that if you didn't follow medical advice, you must not be that injured. Plus, not following treatment recommendations can actually make your injuries worse.
The Bottom Line
Personal injury cases are more complicated than they seem. Insurance companies have teams of adjusters and lawyers working to minimize what they pay you. Don't give them ammunition by making these common mistakes.
If you've been injured, contact our office for a free consultation. We'll review your case, explain your rights, and make sure you avoid the pitfalls that could hurt your recovery. No win, no fee.