Top Mistakes Injury Victims Make Before Calling a Lawyer
Getting in an accident can leave you disoriented, in pain, and even overwhelmed by financial stress. Instead of focusing on your daily responsibilities, you have to shift to thinking about your recovery, and often, just getting through the day. However, the actions you take during this time can significantly impact the outcome of any legal claims you try to pursue. Too often, accident victims unintentionally damage their own cases before they ever meet with a lawyer. So, let’s take a look at the personal injury mistakes to avoid and why getting in touch with a lawyer is so important.
Delaying Treatment After an Accident
After an accident, you should always seek medical attention right away. The benefits are twofold: you’re taking steps to protect your health and document your injuries. Many times, adrenaline masks the pain and makes you feel like you’re okay when you aren’t. If you delay medical evaluation, insurance adjusters immediately question the severity of your condition. They might argue that if you were truly hurt, you would’ve seen a doctor immediately. What’s more, this common accident claim pitfall could lead the opposing legal team to suggest that a completely different event caused your injuries. No matter how you feel, it’s always best to see a doctor.
Admitting Fault for the Accident
It’s human nature to apologize when things go wrong, but apologizing is the best example of what not to do after an accident. Saying you’re sorry or making any kind of statement that implies fault could give the other party’s insurance company reason to deem you liable. Actually determining fault is a long process that involves gathering lots of evidence, and you rarely have the full picture immediately after an accident. To protect yourself and your future legal claim, limit your conversation at the scene to exchanging contact information and avoid admitting any guilt.
Not Following Medical Advice
Once you’ve received medical treatment, be sure to follow your doctor’s advice to the letter. Attend all physical therapy sessions, take your medication, and see any specialists recommended to you. Not taking medical advice seriously could show insurance companies that you’re not taking your recovery seriously.
Speaking to Insurance Adjusters Without Legal Advice
Insurance adjusters are skilled negotiators, and speaking with one before talking to a lawyer is a very common error made by injury victims. Shortly after an accident, the at-fault party’s insurance company might call you under the guise of “checking in” or “gathering preliminary facts.” They often request a recorded statement. Agreeing to this recorded statement (or signing forms without a lawyer) is highly risky. Adjusters ask leading questions designed to make you contradict yourself or downplay the extent of your injuries. They might offer a fast, lowball settlement before you even know the full cost of your future medical care. Direct all communication from opposing insurance companies to your personal injury attorney, who understands how to navigate these conversations safely.
Waiting Too Long to Contact a Lawyer
You only have a limited amount of time after the accident to file a personal injury lawsuit. These deadlines vary strictly by jurisdiction and the type of claim involved. If you miss this statutory deadline, the court can permanently bar you from seeking compensation. Beyond legal deadlines, waiting to hire an attorney may mean less evidence is available. Skid marks wash away, security camera footage gets overwritten, and witnesses forget critical details. If you contact an attorney early, their team can act quickly to preserve evidence and avoid injury claim mistakes.
Avoid Mistakes With a Seasoned Attorney
No one wants to think about what they’d do in the aftermath of an accident. However, knowing the most common filing errors and insurance mistakes after an accident can save you trouble in the future. As you work to navigate your case, get in touch with Nava Law Group, P.C. We work with clients to help them secure compensation after a costly accident. Contact our team to schedule a consultation today.
FAQs About Personal Injury Claims
Most personal injury lawyers operate on a contingency fee basis. This structure means you pay zero upfront costs or hourly fees. The attorney only collects a percentage of your final settlement or court award if they successfully win your case.
Bring any documentation related to your accident, including the official police report, photos of the accident scene, medical records, and all correspondence from insurance companies.
Yes, in many places you can still recover damages even if you share some blame. States operating under comparative negligence laws allow you to collect compensation, though the court will reduce your final award by your specific percentage of fault.
The timeline varies drastically depending on the complexity of the case and the severity of your injuries. A straightforward claim might settle out of court in a few months, while a complex case can take several years to reach a trial verdict.
