The moments immediately following an accident are often chaotic. Adrenaline is high, you may be in pain, and you are likely worried about the future. At Lenahan & Dempsey, we understand how overwhelming this experience can be. However, the actions you take — or fail to take — in the days and weeks after an injury can drastically alter the outcome of your claim.
Securing fair compensation requires more than just proving the other party was at fault. It requires avoiding critical errors that insurance companies use to devalue or deny claims. Here are the most common legal case mistakes we see clients make and how to avoid them to protect your personal injury case.
Critical Errors to Avoid
Navigating the legal landscape is difficult without guidance. To ensure you receive the compensation you deserve for medical bills, lost wages, and pain and suffering, steer clear of these nine pitfalls.
1. Delaying Medical Care
One of the most damaging mistakes is waiting to see a doctor. You might think you can “tough it out” or that your injuries are minor. However, insurance adjusters often view gaps in treatment as evidence that you weren’t seriously injured or that your injuries were caused by something else entirely. Seeing a doctor immediately establishes a medical record linking the accident to your injuries.
2. Posting on Social Media
In the digital age, your online presence is the first place defense attorneys look for evidence. If you claim to have a debilitating back injury but post photos of a weekend hiking trip, your credibility is shattered.
Even innocent posts, such as checking in at a restaurant or posting a status update saying “I’m okay,” can be used to downplay your suffering. It is best to stay off social media entirely while your case is active.
3. Admitting Fault at the Scene
It is natural to want to be polite or defuse a tense situation, but saying “I’m sorry” at the accident scene can be interpreted as an admission of liability. Stick strictly to the facts when speaking with the other party or law enforcement. Do not speculate on who was to blame; let the investigation determine fault.
4. Talking to Insurance Adjusters Without a Lawyer
Insurance adjusters are trained negotiators whose primary goal is to save the insurance company money. They may seem friendly, but they will look for inconsistencies in your story to lower your payout. Never give a recorded statement or sign any release forms without first consulting an attorney.
5. Failing to Document Everything
Memory fades quickly. To build a strong personal injury case, you need concrete evidence. This includes:
- Photos of the accident scene and your injuries.
- Contact information for witnesses.
- Copies of medical records and bills.
- Receipts for out-of-pocket expenses.
6. Missing Filing Deadlines
Every state has a statute of limitations, which is a strict deadline for filing a lawsuit. If you miss this window, you lose your right to seek compensation forever. Engaging a law firm early ensures all procedural deadlines are met.
7. Not Calling the Police
A police report is an unbiased, official document that details the specifics of the accident. Without one, the case often devolves into a “he said, she said” argument, which is much harder to win. Always call the authorities to the scene of an accident.
8. Leaving the Scene Prematurely
Leaving the scene of an accident before exchanging information or speaking to the police can be a crime. Furthermore, it robs you of the ability to gather the evidence mentioned above. Always stay until you have been cleared to leave by law enforcement.
9. Settling Too Quickly
When medical bills pile up, the temptation to accept the first settlement offer is strong. Insurance companies know this and often offer a lowball sum early on. If you settle before you know the full extent of your injuries or future medical needs, you cannot go back and ask for more money later.
Let Lenahan & Dempsey Fight for You
Avoiding these mistakes is the first step toward a successful recovery, but you shouldn’t have to navigate this complex process alone. At Lenahan & Dempsey, we have the knowledge and resources to handle the insurance companies while you focus on healing.
If you have been injured, don’t wait. Contact us today for a consultation and let us help you protect your rights.
