Why Personal Injury Cases Fail: 5 Common Legal Mistakes to Avoid

At Fadduol, Cluff, Hardy & Conaway P.C., we have seen many unrepresented claimants unknowingly make legal mistakes that weaken their case, delay their recovery, or even cause them to lose their right to compensation altogether.  If you work with a personal injury lawyer from our firm, we can help you understand these common mistakes and avoid any conduct that might weaken your claim. Here are five key mistakes that cause personal injury cases to fail and how to avoid them.  

Failing to Seek Immediate Medical Attention

One of the biggest reasons personal injury claims fail is because victims delay seeking medical treatment. Some people assume they aren’t injured enough, while others avoid going to the doctor due to concerns about medical costs. Unfortunately, delaying treatment can damage both your health and your case.  

For instance, if you wait days or weeks to see a doctor, the insurance company may argue that your injuries are minor or unrelated to the accident. However, medical records provide documented proof of your accident-related injuries, their severity, and the treatment required. Without proper and timely medical documentation, winning an injury case can be challenging.

Giving a Recorded Statement to the Insurance Company

After an accident, it is not uncommon for the at-fault party’s insurer to contact you asking for a recorded statement about what happened. They might seem friendly, but their real goal is to gather information to use against you. 

Beware that your words can be manipulated to work against your claim. Even innocent statements like “I’m fine” can be used to argue that you aren’t seriously injured. Saying something as simple as “I didn’t see the car coming” could be interpreted as admitting partial responsibility due to distraction, reducing your compensation.  A personal injury lawyer can communicate on your behalf and advise you on how to handle being questioned by the insurance company. 

Posting About Your Case on Social Media

After filing a personal injury claim, insurance companies may monitor your social media. If you claim a serious injury but post pictures of yourself at a party, wedding, or on vacation, they may argue that you’re exaggerating your injuries. Even a post saying, “Feeling better today!” could be misinterpreted as proof that you’re not seriously hurt. 

A personal injury attorney will warn you about social media risks and guide you on how to approach your social media posting after being involved in an accident. They can also counter misleading conclusions the insurance company tries to use from your online activity.  

Waiting Too Long to File a Claim

Every personal injury case is governed by a statute of limitations. This is a timeframe within which you can initiate a lawsuit. For personal injury claims in Texas, claimants have two years from the date of the injury to launch a civil claim. However, if you wait too long, your case may weaken even before the deadline expires.  

A personal injury attorney ensures that your case is initiated on time and that all necessary evidence is collected before the deadlines pass. They will also handle negotiations early to prevent unnecessary delays.  

Accepting the First Settlement Offer

Some injury victims may be pushed to accept the insurance company’s first settlement offer, mostly because of the mounting financial liabilities or uncertainty. However, this is not usually the best offer you can get. Initial offers are almost always far lower than what your case is actually worth. You may not know the full extent of your injuries. If you are tricked into accepting a settlement, you cannot go back and ask for more money, even if new medical issues arise.  

An attorney working your case will ensure that any offer considers all damages, including future medical needs. They will negotiate to ensure you receive fair compensation, not just what the insurance company is willing to part with.

Call Fadduol, Cluff, Hardy & Conaway P.C. Now for a Free Consultation 

Be aware of these possible mistakes that can cost you the financial resources you need to recover. Since your ability to reclaim your life depends on the outcome of your claim, it is wise to work with a personal injury lawyer.  An attorney from Fadduol, Cluff, Hardy & Conaway P.C. will protect you from legal mistakes and ensure your case is handled professionally. Contact us online or call 800-433-2408 to request a free case review.