Don’t Let These Mistakes Sabotage Your Personal Injury Claim

When you’re dealing with the aftermath of a personal injury, it is natural to feel overwhelmed and unsure of what to do next. However, remember that the actions you take in the immediate aftermath of an accident can significantly impact the outcome of your injury claim. Unfortunately, many victims make these common mistakes that can destroy their claims, causing them to miss out compensation they deserve.

In this blog post, we’ll highlight these mistakes personal injury victims make and provide tips on avoiding them so that you can protect your claim and achieve the best possible outcome.

7 Mistakes Personal Injury Victims Make

Don't Let These Mistakes Sabotage Your Personal Injury Claim

If you’re handling an injury claim, read on to learn how to maneuver through it and save yourself from costly mistakes.

  1. Accepting a Settlement Too Early 

Accepting a settlement too early can prove to be a costly mistake for victims. In most personal injury cases, insurance companies make a settlement offer immediately after an accident. Their primary goal is to resolve the case as quickly and inexpensively as possible.

The insurance companies may present a reasonable settlement offer, but it may not fully cover the costs of your medical bills or other damages. Additionally, they may not consider any long-term effects or complications from your injury.

To avoid it, you must hire an experienced personal injury attorney before making any decision on the settlement offer, as he can advise you on the fairness and sufficiency of the offer and help you negotiate for a higher amount if necessary. Before signing any documents, ensure you understand the full extent of your losses so that you don’t leave money on the table.

  1. Throwing Away Important Evidence of Your Case

Throwing Away Important Evidence of Your Case

Evidence can be crucial in helping to establish the cause of your injuries sustained and the extent of your damages. It can also help to prove negligence on the other party’s part and increase your chances of receiving fair compensation.

Some examples of important evidence that personal injury victims should preserve include:

  • Medical care records: Keep all records and bills related to your medical treatment, including doctor’s visits, x-rays, lab results, and prescription receipts.

  • Photographs: Take photographs of the scene of the accident, your injuries, and any property damage, such as clothing, shoes, or damaged parts of your vehicle.

  • Witness statements: contact information for any witnesses to the accident and documentation of their statements of what happened.

  • Police report: copy of the police report from the accident.

  • Insurance documents: Keep all documents related to your insurance claim.

Throwing away evidence can make it difficult to prove your case, resulting in a lower settlement offer, or may lead to the dismissal of your claim. To prevent this mistake, keep all documents, photographs, and videos of your accident safe.

  1. Not Seeing a Doctor After an Accident

Many victims may think their injuries are minor and will heal on their own, or they may worry about medical treatment costs. However, it is important to seek medical attention immediately after an accident, regardless of how minor the injuries may seem.

Failing to see a doctor can have serious consequences for a personal injury claim. The insurance company or the other party may argue that your mentioned injuries were not caused by the accident or that they were pre-existing. They may also argue that the injuries were not serious and that the victim was not entitled to significant compensation.

Additionally, not seeing a doctor immediately after an accident can delay the diagnosis of injuries and prolong recovery. Visiting a doctor can help you get prompt treatment and prevent future complications.

  1. Trying to Be Brave and Sucking it Up

Some personal injury case victims may try to be brave and “suck it up” after an accident. While being tough is admirable, this can put your health at risk and harm your chances of securing fair compensation.

Not only does neglecting to pursue medical attention impede your road to recovery and result in further issues, but it can also jeopardize the success of your personal injury claim. The insurance company and other parties may argue that the injuries were not serious and that the victim was not entitled to compensation.

Additionally, trying to be brave and not acknowledging the pain caused by the accident can also affect the mental and emotional well-being of the victims. It can cause depression, anxiety, and other mental health issues.

To avoid this mistake, you should not be afraid to seek medical attention and follow through with any recommended treatment. You should also be honest about your suffering and document it in your medical history.

  1. Post Case Details on Social Media

    Post Case Details on Social Media - 7 Mistakes Personal Injury Victims Make - Uptown Injury New York's Best Personal Injury and Medical Malpractice Law Firm - Kyle Newman Esq

Social media platforms like Facebook, Instagram, and Twitter are excellent options for staying connected with your close ones. Still, they can also be a liability when it comes to a personal injury case. Posting case details on social media can harm your personal injury claim in several ways. For example,

  • Insurance companies and other parties may use your social media posts as evidence to dispute your claim or to argue that your injuries are not as severe as you claim.

  • Your social media posts can be used against your claim or to argue that your case is not as serious as you mentioned in your claim.

  • If you post about your injuries and then post about activities inconsistent with your claims of injury, this can be used to question your credibility.

  • The insurance adjuster can also use your social media posts to gain access to personal information about you, which can be used against you in court.

You should be cautious about what you post on your social media, especially during the time of the case. Avoid discussing the case details and posting pictures or videos of yourself participating in activities that could conflict with your injury claims.

  1. Not Being Honest With Your Lawyer

Although it can be tempting to hide the truth to achieve a better outcome in personal injury cases, you must remain honest with your lawyer. Not being honest about the details of the accident or your injuries can have serious consequences for your personal injury claims.

For example, if you downplay or exaggerate your injuries or deny that an accident has occurred, it can be difficult for your lawyer to prove your claim. Lies even hurt your credibility in the eyes of the court, making it hard for you to receive a fair settlement.

  1. Representing Yourself in Court

It is not recommended in personal injury cases to represent your case. Personal injury claims often involve complex legal issues and require a deep understanding of the law, which most people still need to have.

You may face several risks such as:

  • You may lose your case because you are unable to present it in a way that is convincing to the court.

  • Not be able to collect all of the damages that you are entitled to because you lack the legal knowledge and skills required to fully represent yourself.

Hiring an experienced attorney is the best way to secure your rights and that you recover the compensation you are due. An attorney can provide invaluable legal advice and advocacy, increasing your chances of success in court.

Bottom Line

Legal matters are complex. That is why there are attorneys who advise you and help you through the settlement process. You should be careful of everything until your case is resolved, from keeping evidence to medical records and dealing with the insurance adjuster to protecting your privacy.


Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

This content is trustworthy because it has been thoroughly researched, fact-checked and reviewed by experts in the field. The information provided is accurate and reliable, and sources have been cited to ensure transparency and credibility. The authors or publishers of this content have a reputation for producing high-quality, unbiased material. Additionally, any potential conflicts of interest or biases have been disclosed. Overall, readers can trust that the information presented in this content is trustworthy and credible.