When an unexpected injury disrupts your life, the moments and days that follow are often filled with confusion, pain, and uncertainty. Whether it’s from a car accident, a slip and fall, or another unfortunate event, your actions can significantly impact your physical recovery and your ability to secure fair compensation. Knowing what to avoid is just as important as knowing what to do.
This guide outlines the common mistakes people make after an injury. By avoiding these pitfalls, you can protect your health and strengthen your potential legal claim. We will cover why you should never delay medical care, the importance of documentation, how to handle insurance companies, and the risks of social media.
Don’t Delay Medical Attention
One of the most critical errors you can make after an injury is waiting to see a doctor. You might think the pain is minor or will resolve on its own, but delaying medical care can have serious consequences for both your health and your legal case.
Health Implications
Some injuries, like internal bleeding or traumatic brain injuries, may not present immediate symptoms. What seems like simple soreness could be a sign of a more severe underlying condition. A medical professional can properly diagnose your injuries, provide necessary treatment, and prevent your condition from worsening. Your health should always be the top priority.
Legal Consequences
From a legal standpoint, a delay in seeking treatment can create doubt. An insurance company or opposing legal team might argue that your injuries were not caused by the incident in question. They could claim that something else happened between the accident and your doctor’s visit, or that the injuries weren’t serious enough to warrant immediate attention. Seeking prompt medical care creates a clear and direct link between the incident and your injuries, which is vital for a personal injury claim.
Don’t Forget to Document Everything
After an accident, details can quickly become a blur. Failing to document the incident and your recovery process is a missed opportunity to gather crucial evidence. Strong documentation serves as the foundation of your personal injury case.
At the Scene
If you are physically able, gather as much information as possible at the scene of the accident.
- Photos and Videos: Take pictures of the location, property damage, visible injuries, and any contributing factors like a wet floor or obstructed traffic sign.
- Witness Information: Collect names and contact details of anyone who saw what happened. Their testimony can be invaluable.
- Official Reports: If applicable, wait for law enforcement to arrive and ensure an official report is filed. Obtain a copy of the report number for your records.
During Your Recovery
Keep a detailed record of your journey to recovery. This includes:
- Medical Records: Keep all appointments, prescriptions, and bills organized.
- A Pain Journal: Write down your daily pain levels, physical limitations, and how the injury affects your daily life. This personal account can powerfully illustrate the non-economic damages you have suffered.
- Lost Wages: Track any time missed from work, including dates and lost income.
Don’t Speak to the Other Party’s Insurance Adjuster
Soon after an accident, you will likely receive a call from the at-fault party’s insurance adjuster. They may seem friendly and helpful, but it’s important to remember their primary goal: to minimize the amount their company has to pay. Speaking with them without legal guidance is a significant risk.
The Dangers of a Recorded Statement
Adjusters will often ask for a recorded statement. You are not obligated to provide one, and we strongly advise against it. They are trained to ask questions that can be misinterpreted or used against you later. A simple “I’m feeling fine” can be twisted to suggest you weren’t seriously injured, even if you were just trying to be polite.
Anything you say can be taken out of context to devalue or deny your claim. The best response is to politely decline and inform them that your attorney will be in contact.
Don’t Post About Your Injury on Social Media
In an age where sharing our lives online is second nature, it may feel natural to post about your accident or recovery. However, social media can be a minefield for personal injury claimants. Insurance companies and defense attorneys regularly search claimants’ social media profiles for any evidence they can use to weaken a case.
How Your Posts Can Be Used Against You
Imagine you post a photo of yourself smiling at a family barbecue. Even if you were in pain and sitting the entire time, the other side could present that photo to a jury as “proof” that your injuries are not as severe as you claim. A comment about going for a short walk could be used to dispute your claims of limited mobility.
The safest approach is to refrain from posting anything about your accident, your injuries, or your daily activities until your case is fully resolved. It is also wise to review your privacy settings and ask friends and family not to post pictures of you or tag you in posts.
Protect Your Rights with Professional Legal Guidance
Navigating the aftermath of an injury is challenging. Avoiding these common mistakes can help protect your well-being and preserve the strength of your legal claim. You do not have to go through this process alone.
If you have been injured, focusing on your recovery should be your priority. Let an experienced legal team handle the rest. The attorneys at Crooks, Bell & Dodds are here to protect your rights, manage communications with insurance companies, and build a strong case to secure the compensation you deserve.
Contact us today for a free initial consultation to discuss your case.
