Common Mistakes That Can Hurt Your Personal Injury Case

Suffering an injury due to someone else's negligence can often result in considerable physical, emotional, and financial damages. Under New York law, you have the right to file a claim for compensation for your injuries. However, personal injury claims are heavily scrutinized, and certain actions can significantly impact the strength of your case. 

At the Law Office of Steven R. Smith, based in Garden City, New York, we have years of experience helping clients build strong personal injury claims to pursue the compensation they need for their recovery. Here, we explore some of the most common mistakes that can impact your claim and your ability to recover damages. 

Delaying or Not Receiving Medical Attention 

Following an accident or injury, it's important to seek immediate medical attention to create an official record of the accident and directly link your injury to it. This medical documentation will typically serve as crucial evidence when calculating compensation. 

However, failing to see a doctor or licensed medical provider after an accident can open the door to legal challenges. Delaying medical treatment could create gaps in your medical record, thereby decreasing the strength of your medical documentation as evidence. Additionally, the other party's insurance carrier may argue that your injuries are not as serious as you claimed or were not caused by the accident in the first place. 

Failing to Document or Gather Evidence at the Scene 

Evidence is the cornerstone of every personal injury claim, especially when it comes to proving that the other party acted negligently. However, the longer you wait to collect evidence, the harder it can be to access it.  

For example, if you don't take photo or video evidence of the accident scene, file a police report, or collect witness information, you will be unable to rely on this evidence when pursuing compensation for your injuries. If you are unable to gather evidence yourself, have someone gather evidence on your behalf. 

Admitting Fault at the Accident Scene 

If you have been involved in an accident, especially if it resulted in injury, it's common to want to apologize for the incident. However, doing so could be used against you during your personal injury case as evidence of you admitting fault for the accident, whether this was your intention or not.  

Additionally, saying you are okay when you are injured could be used against you if you pursue compensation for your injuries. A good rule of thumb is to avoid providing any information at the accident scene apart from the facts of the case. 

Speaking to Insurance Companies Alone 

Insurance companies are key players in personal injury claims. However, they are positioned to look out for their bottom line, not necessarily your best interests. After an accident, avoid speaking with an insurance company alone. Insurance adjusters are skilled in noting down what you say and using it against you to minimize your claim. 

If you have been injured in an accident, reach out to an experienced personal injury attorney who understands how insurance companies work. Your attorney can stand up for your best interests and handle communications with insurance adjusters on your behalf. 

Accepting a First Offer Settlement 

Once you file a personal injury claim against the at-fault party's insurance, that insurance company will often offer you a quick settlement to close the case. This settlement offer is usually lower than the actual value of your case, and the insurance companies hope you will accept it quickly out of desperation or a lack of knowledge about the true value of your claim. 

However, avoid accepting this initial offer. Once you accept a lower offer, you are typically barred from pursuing additional compensation. Instead, work with a personal injury attorney who can help you establish the actual compensation you need and who can negotiate with the insurance company on your behalf. 

Sharing Posts on Social Media 

Following an accident, it's important to limit what you share online. Simple posts, such as you smiling, or even unrelated posts, such as you on a hiking trip before the accident occurred, could be used by insurance companies to argue that your injuries are not as severe as you claim. Consider limiting social media activity while your case is pending to reinforce your stance and improve the strength of your claim. 

Not Meeting the Statute of Limitations 

New York operates under a strict statute of limitations for personal injury claims. You will typically have three years from the date of the accident to file a claim. Failing to file within this period will prevent you from seeking any compensation.  

While three years may seem like a long time, it's better to file sooner than later. Evidence can be misplaced, witness memories can fade, and your injuries could heal. The sooner you file a claim, the stronger your case will be. 

Call an Experienced Personal Injury Attorney in Garden City, New York 

If you have been injured in an accident due to someone else's negligence, you have a legal right to file a claim for compensation. However, it's important to work with an experienced attorney who can help you avoid common mistakes that can impact the strength of your claim. At the Law Office of Steven R. Smith, we are committed to advocating for your best interests and helping you pursue the compensation you need. 

Contact us today to schedule a free consultation. From our office in Garden City, New York, we are proud to serve clients in all areas of New York, including Long Island, Hempstead, Westbury, Queens, Hicksville, and Mineola.