What Not to Do: Common Mistakes that Hurt Your Injury Claim Once the Dust Settles
Learn common mistakes that can jeopardize your injury claim, from mishandling medical treatment to missteps with insurance companies and legal advice.
You're t-boned two blocks from home!
You lost a finger to the bandsaw at work!
You get hit in a crosswalk by delivery truck!
OUCH!
The right thing to do in the moments and minutes after an injury causing accident is to get safe, get help, and help whoever else needs it. Perfect Plan. But what next?
What you do after an injury can dramatically impact the value of your claim.
Immediate Mistakes at the scene of the injury:
failing to call the police or appropriately report the incident that caused your injury
leaving the place where you were injured too soon when there is no medical reason to leave
not documenting the circumstances with pictures or video
not identifying those who were present at the time of the injury and right afterwards who may have valuable insights that become evidence
admitting fault, apologizing or otherwise implying that you were at fault
not identifying all involved vehicles or drivers
Medical Treatment Mistakes
not seeking medical treatment immediately (even if you "feel fine")
ignoring symptoms that appear hours, days or more after the incident
failing to do what medical providers advise
missing medical or therapy appointments
stopping treatment sooner than recommended
Insurance Company Mistakes
allowing the other driver's insurance company to take a recorded statement
quickly accepting a settlement offer before a claim is fully evaluated by a personal injury attorney who has significant experience with the type of claim at issue
signing legal documents relating to your claim without having the consequences thoroughly explained to you by an attorney working for you!
thinking that a representative of the other party's insurance company is "on your side" because they speak softly or are kind
Legal Strategy Mistakes
waiting longer than prudent to get legal advice: get safe, get treatment, get stable, talk to a lawyer. It doesn't have to be right away or even the first week or two; but you should speak with at least one lawyer within a month or so of the injury causing accident for advice on your claim
resolving a claim too early when your injuries, treatment plans and losses may not be fully understood.
posting details about the incident on social media
hiring the first personal attorney you interact without taking advantage of the industry practice of providing initial consultations at no cost rather than meeting with several to get a better sense of your claim before hiring a personal injury attorney.
not bothering to develop an understanding of how personal injury attorneys get paid and how the costs associated with preparing your claim and taking your case to trial impact how much of the money awarded to you to compensate you for your injuries is going to be leftover after paying your attorney fees and those costs.
Frequently asked questions
What common mistakes hurt a personal injury claim?
Leaving the scene too soon, failing to report or document the incident, admitting fault, and mishandling medical treatment or communications with insurers.
Should I admit fault at the scene of an accident?
No. Avoid apologizing or implying fault. In Pennsylvania your percentage of fault can reduce or eliminate your recovery under the 51% comparative-negligence rule.