10 Mistakes That Could Affect Your Personal Injury Claim

man working on a personal injury lawsuit checklist

If you’ve been seriously injured in an accident that was caused by another party’s negligent actions or inactions, you may be able to pursue compensation. You may be nervous and stressed as you try to handle your personal injury claim. Unfortunately, nerves and stress could lead to you making some mistakes or ill-advised decisions regarding your claim.

When it comes to filing a personal injury claim in New York, the steps you take — and the ones you don’t take — can impact the outcome of your personal injury case. That’s why it’s critical to consult with the experienced New York City accident lawyer at Finz & Finz, P.C. if you’re involved in an unfortunate accident that resulted in injuries. Call 855-TOP-FIRM today for a free and confidential consultation.

To avoid doing anything that could compromise your injury claim and subsequent recovery, make sure you know about the following 10 common mistakes so you can avoid them.


1. Not getting proper medical attention

If you’ve been injured in an accident of any kind, your top priority should be your health and safety. Even if you feel OK after the accident, you need to at least see a doctor. Traumatic brain injuries, internal bleeding, and whiplash are just a few injuries that sometimes have delayed symptoms.

You also want all of your injuries to be on the record so that you can get the maximum compensation to cover your expenses. This will help you avoid a scenario where the recovery that you get isn’t enough to take care of any injuries that don’t immediately appear following the accident.

2. Not filing by the deadline

New York’s statute of limitations only allows for three years from the date of the injury for a claim to be filed. If you are recovering from serious injuries, many of those months will likely be spent in hospitals and not taking care of the required paperwork to begin your claim. To ensure you get your claim filed properly and on time, consult with a skilled New York personal injury attorney as soon as you can. An attorney will make sure your claim is filed before the deadline.

3. Not collecting evidence.

If you can do so, try to find witnesses at the scene of the accident and record their contact information. Take plenty of photos of the scene and your injuries. Provide as much evidence as you can collect to your lawyer. Photos and witness testimony are strong and compelling evidence that can be used to bolster your claim and boost your chances of recovering the maximum compensation available to you.

4. Failing to investigate the contributing factors of the accident

To file a compensation claim, you must have evidence that indicates the cause of the accident and the factors that contributed to it. Gather all the relevant evidence, and allow an attorney to review it for a full and thorough investigation of your situation.

5. Providing a recorded statement to an insurance adjuster

It may not seem like they are, but insurance companies are not looking out for your best interests. They are looking out for their company’s bottom line. Never give a recorded statement to the insurance adjuster because whatever you say on the record, they will try to use it against you.

6. Settling too soon with an insurance company

Insurance companies are known to pressure accident victims into settling. They may make a quick offer even before you’ve undergone medical treatment for your injuries. You may be tempted to think you’re OK and settle. Then it turns out you have more medical bills and other expenses. In that case, you’ll have no recourse because you’ve already settled.

7. Assuming you have to go to court

 Filing an injury claim doesn’t mean you’ll have to file a lawsuit and go to court. The vast majority of personal injury cases are settled outside of court.

8. Posting about the injury claim on social media

The at-fault party’s lawyer may search your social media accounts for anything that you posted after the accident that could be used against you. That is why you should avoid posting anything accident-related on Facebook, Twitter, Instagram, Linkedin, or any other social media until the personal injury case gets resolved. You don’t want to give the opposing attorney any ammo that may negatively impact your case.

9. Not seeking help from a skilled New York personal injury attorney

Some people may assume that their personal injury case is clear-cut and fault is clear. Recovering compensation is more complex and difficult than it appears. This is precisely why you need the help of a knowledgeable and skilled personal injury attorney.

10. Not asking questions

If you have any questions or concerns about your injury case, don’t hesitate to speak up. There’s no such thing as a stupid question. Asking questions encourages discussion, which helps both you and your attorney understand the case better.

Contact a New York Personal Injury Attorney

Accidents can be traumatic and confusing. With all the stress and anxiety that comes with an accident, it can be easy to make a hasty decision that could negatively impact your claim. Retaining an experienced New York City injury attorney is the best thing you can do. A skilled attorney will protect your rights and handle all the important legal tasks, including negotiating for a full and fair settlement. This will allow you to focus on your health and recovery.

If you have been hurt in an accident in New York or Long Island, call Finz & Finz, P.C. at 855-TOP-FIRM now for a free initial consultation. Our New York personal injury lawyers will fight tirelessly for the full and fair compensation you need and deserve.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.