Common Mistakes to Avoid in a Personal Injury Claim

Suffering an injury due to someone else’s negligence can be overwhelming. Between medical treatments, lost wages, and dealing with insurance companies, it’s easy to make mistakes that could hurt your personal injury claim. Unfortunately, these errors can lead to reduced compensation or even a denied claim.

At Mastantuno Law Firm, we help injury victims in Charleston, SC, avoid costly missteps and fight for maximum compensation. If you’ve been injured, here are some of the most common mistakes to avoid when pursuing a personal injury claim.

1. Failing to Seek Immediate Medical Attention

One of the biggest mistakes injury victims make is delaying medical treatment. Even if your injuries seem minor at first, it’s crucial to see a doctor as soon as possible.

Why It’s a Problem:

• Some injuries, like whiplash or internal bleeding, may not show symptoms immediately.
• Delaying treatment can weaken your claim, as insurance companies may argue that your injuries aren’t serious or were caused by something else.
• A lack of medical records can make it harder to prove the extent of your injuries.

What to Do Instead:

• Visit a doctor, urgent care, or emergency room right away.
• Follow all prescribed treatments and attend follow-up appointments.
• Keep detailed records of your medical visits, diagnoses, and expenses.

2. Not Documenting the Accident Scene

Strong evidence is the foundation of a successful personal injury claim. If you don’t document the accident scene properly, you may struggle to prove liability and damages.

Why It’s a Problem:

• Without clear evidence, the at-fault party may dispute responsibility.
• Missing documentation can make it harder to prove the severity of your injuries.
• Insurance adjusters may undervalue your claim if there is little supporting evidence.

What to Do Instead:

• Take photos and videos of the accident scene, injuries, and property damage.
• Collect contact information from witnesses.
• Request a copy of the police report if applicable.

3. Giving a Recorded Statement to the Insurance Company

After an accident, the at-fault party’s insurance company may contact you for a recorded statement. While this may seem like a routine request, it’s often a tactic used to minimize your claim.

Why It’s a Problem:

• Insurance adjusters look for inconsistencies in your statement to reduce their payout.
• You may accidentally say something that weakens your case.
• Recorded statements can be used against you in court.

What to Do Instead:

• Never give a recorded statement without consulting a personal injury attorney.
• Politely decline and refer them to your lawyer at Mastantuno Law Firm.
• Let your attorney handle all communications with insurance companies.

4. Accepting the First Settlement Offer

Insurance companies often offer quick settlements, hoping that injury victims will accept without understanding the full value of their claim.

Why It’s a Problem:

• The first offer is usually much lower than what you deserve.
• Once you accept, you waive your right to seek additional compensation.
• It may not cover future medical expenses, lost wages, or pain and suffering.

What to Do Instead:

• Consult with an experienced Charleston personal injury attorney before accepting any offers.
• Ensure you fully understand the extent of your injuries and damages.
• Allow your lawyer to negotiate for maximum compensation.

5. Posting About Your Injury on Social Media

Many people don’t realize that insurance companies monitor social media to look for evidence that can discredit injury claims.

Why It’s a Problem:

• Posts showing you engaging in physical activities can be used to argue that you’re not as injured as you claim.
• Comments or messages about the accident can be taken out of context.
• Insurance adjusters may use your social media content against you.

What to Do Instead:

• Avoid posting about your accident, injuries, or legal case.
• Adjust your privacy settings to limit who can see your posts.
• Advise family and friends not to discuss your case online.

6. Not Following Your Doctor’s Advice

If you fail to follow medical recommendations, the insurance company may argue that your injuries aren’t as severe as you claim.

Why It’s a Problem:

• Gaps in treatment can weaken your case.
• The at-fault party may claim you didn’t take the necessary steps to recover.
• Ignoring medical advice can prolong your recovery and harm your health.

What to Do Instead:

• Follow all doctor’s orders and treatment plans.
• Attend all follow-up appointments and therapy sessions.
• Keep records of prescriptions, physical therapy, and rehabilitation.

7. Trying to Handle Your Case Without an Attorney

Many personal injury victims believe they can negotiate a fair settlement on their own. However, insurance companies have teams of lawyers whose job is to minimize payouts.

Why It’s a Problem:

• You may not be aware of all the damages you’re entitled to.
• Insurance companies use tactics to delay, deny, or reduce your claim.
• Without legal representation, you risk settling for far less than you deserve.

What to Do Instead:

• Hire a Charleston personal injury lawyer with experience handling accident claims.
• Let your attorney handle negotiations and legal paperwork.
• Focus on your recovery while your lawyer fights for your compensation.

Contact Mastantuno Law Firm for Experienced Personal Injury Representation

Avoiding these common mistakes can make a huge difference in the outcome of your personal injury claim. At Mastantuno Law Firm, we have years of experience helping injury victims in Charleston, SC, recover the maximum compensation they deserve.

If you’ve been injured in an auto accident, slip and fall, or workplace injury, don’t risk your claim by making costly mistakes.