If you’ve been injured in an accident—whether it’s a car crash, a slip and fall, or another type of personal injury—your first priority should be your health and safety. But after you’ve seen a doctor and started your recovery, you may begin to wonder: Do I have a case? And if so, how can I make sure I don’t ruin it?
The truth is, even strong personal injury claims can be damaged by simple mistakes. Insurance companies look for any excuse to deny or devalue your case, and they’ll seize on errors you make—even if they seem minor at the time.
To help protect your rights and preserve the full value of your claim, here are five common mistakes that could ruin your personal injury case—and how to avoid them. If you were injured in the Milwaukee area, contact PKSD today to schedule a free legal consultation.
1. Not Seeking Medical Attention Immediately
One of the biggest mistakes you can make is waiting too long to see a doctor. Even if you feel okay right after the accident, adrenaline can mask symptoms. Some injuries, like whiplash, concussions, or internal trauma, may take hours or days to fully develop.
Why it matters:
If there’s a delay between the accident and your first medical visit, the insurance company may argue that your injuries aren’t related—or aren’t as serious as you claim.
What to do instead:
Always seek medical attention as soon as possible. If you go to the ER or see your primary care doctor right away, you’ll create a paper trail that links your injuries directly to the accident.
2. Giving a Recorded Statement to the Insurance Company
After an accident, the at-fault party’s insurance company may contact you and ask for a “quick statement.” It might seem harmless, especially if the adjuster sounds polite or sympathetic. But their goal is to get you on the record saying something that can be used against you.
Why it matters:
Anything you say—especially if you downplay your injuries or misstate facts—can weaken your claim. Insurance companies may twist your words or take statements out of context to deny liability.
What to do instead:
You are not required to give a recorded statement. Politely decline and refer them to your attorney. If you don’t have a lawyer yet, speak with one before talking to the insurance company.
3. Posting on Social Media
It’s tempting to keep friends and family updated after an accident, but social media can be a trap. Insurance companies and defense attorneys often monitor claimants’ social media profiles for anything they can use against them.
Why it matters:
Even an innocent photo—like you smiling at a family barbecue—can be used to suggest you’re not really injured or that your injuries aren’t affecting your daily life. Comments or check-ins can also contradict your claims.
What to do instead:
Avoid posting anything related to your accident or recovery. Better yet, take a break from social media until your case is resolved. If you must stay active, adjust your privacy settings and don’t accept new friend requests.
4. Ignoring Medical Advice or Missing Appointments
Following through on medical care isn’t just important for your health—it’s also crucial for your case. Skipping appointments, ignoring treatment plans, or failing to take prescribed medications can be used as evidence that you’re not seriously hurt.
Why it matters:
Insurance adjusters may argue that your injuries must not be that bad if you’re not doing everything your doctor recommends. This can lead to reduced compensation for medical costs and pain and suffering.
What to do instead:
Be consistent. Attend all appointments, follow your doctor’s instructions, and keep a personal record of your treatments, prescriptions, and symptoms. If you need to miss an appointment, reschedule as soon as possible.
5. Settling Too Quickly
After an accident, you might receive a fast settlement offer from the insurance company. It can be tempting to accept—especially if you’re missing work or facing medical bills. But early offers are usually lowball attempts to get you to settle before you understand the full extent of your injuries.
Why it matters:
Once you accept a settlement, you waive your right to pursue further compensation—even if your injuries get worse, or you discover new complications. Many victims settle too early and are left with unpaid bills later.
What to do instead:
Don’t rush. Wait until you’ve reached maximum medical improvement (MMI)—the point at which your condition is stable and unlikely to change. Then work with an experienced personal injury lawyer to calculate the true value of your claim.
Protect Your Rights with the Right Help
Personal injury claims are complex, and insurance companies are skilled at minimizing payouts. By avoiding these common mistakes and consulting with a qualified attorney early in the process, you can level the playing field and pursue the full compensation you deserve.
If you’ve been injured and want to protect your case, speak to a personal injury lawyer in your area as soon as possible. A lawyer can handle communications, gather evidence, and help you avoid the missteps that could cost you your settlement.