Mistakes That Destroy Personal Injury Claims

Common claim mistakes are documented by Nolo Legal Resources. Social media impacts on litigation are addressed by ABA ethics opinions. Treatment gaps reduce claim value per insurance industry practices documented by NAIC.

Insurance companies are skilled at finding reasons to deny or reduce claims. Unfortunately, many accident victims unknowingly make mistakes that damage their cases. This guide identifies the most common errors and how to avoid them.

Mistake 1: Settling Too Quickly

Insurance companies often make quick offers before injury extent is known. Accepting early means signing away rights to additional compensation when injuries prove more serious. Never settle until you reach maximum medical improvement and understand your full damages.

Mistake 2: Gaps in Medical Treatment

Insurance adjusters interpret gaps in treatment as proof that injuries are not serious. If you skip appointments or delay treatment, they argue you cannot be hurt that badly. Follow all medical recommendations and keep appointments.

Mistake 3: Social Media Posts

Insurance investigators monitor social media. A photo of you hiking can undermine a back injury claim. Posts about feeling fine contradict pain and suffering claims. Best practice: avoid posting about activities during your claim.

Mistake 4: Recorded Statements Without Attorney

Insurance adjusters ask leading questions designed to establish your fault or minimize your injuries. They record these statements and use them against you. Politely decline recorded statements until you have legal representation.

Mistake 5: Not Documenting Everything

• Photos of accident scene and injuries
• Witness information
• Police report
• All medical records and bills
• Pay stubs and missed work documentation
• Daily pain journal

Mistake 6: Admitting Fault

Even casual apologies at the scene can be used against you. In comparative negligence states, admissions can reduce your recovery or bar it entirely. Let investigators determine fault based on evidence.

Mistake 7: Waiting Too Long to Get Legal Help

Evidence disappears, memories fade, and statutes of limitations run. The sooner you have an attorney, the better your evidence preservation and negotiating position.