If you’ve been injured in an accident, filing a personal injury claim may be necessary to recover compensation for your medical bills, lost wages, and suffering. However, there are several red flags that could hurt your personal injury lawsuit and jeopardize your chances of obtaining fair compensation.
The warning signs can vary depending on the type of personal injury case. For example, the red flags for a car accident might be slightly different from those for a slip and fall case. So, this affects how clients receive settlements and the amount they are awarded.
Moreover, external factors such as the insurance policy in question can help you settle the case more quickly and in a way better suited to your needs.
10 Red Flags That Could Hurt Your Personal Injury Lawsuit
Understanding these warning signs can make a huge difference in your case’s outcome. In this guide, we’ll explore the critical mistakes to avoid and how an experienced personal injury attorney can help you handle the legal system to achieve maximum compensation.
1. Delaying Medical Treatment
One of the biggest red flags that could hurt your personal injury lawsuit is failing to seek medical treatment immediately after the accident.
Insurance companies often argue that delaying medical treatment indicates the injuries are not serious. Therefore, it is crucial to seek medical attention immediately
Why It Matters:
- Your medical records serve as key evidence in proving your injuries.
- Delays can allow insurance adjusters to argue that your injuries were caused by something other than the accident.
- Courts and juries may see the delay as a sign that your claim is exaggerated or fraudulent.
If you’ve been involved in an accident, it’s crucial to seek medical care immediately. Even if you feel fine, some serious injuries, like whiplash or internal bleeding, may not show symptoms right away.
2. Inconsistencies in Your Statements
Whether you’re speaking with a police officer, an insurance adjuster, or your personal injury lawyer, consistency is key. Conflicting statements in your police report, medical records, or depositions can be used to discredit your claim.
How to Avoid This:
- Stick to the facts when discussing the accident.
- Do not speculate about details you are unsure of.
- Always consult your attorney before providing statements to insurance companies.
Any discrepancies in your story can give the defense an opportunity to challenge your credibility, which can ultimately hurt your lawsuit.
3. Accepting a Quick Settlement Offer
After filing a personal injury claim, the insurance company may offer you a quick settlement. While it may be tempting to accept a quick payout, these offers are usually far below what you are entitled to
Why You Should Think Twice:
- A quick settlement offer is often a tactic to minimize the insurer’s payout.
- It may not account for future costs, including ongoing medical treatment, physical therapy, or chronic pain.
- Once you accept a settlement, you cannot seek further compensation—even if your injuries worsen over time.
Before agreeing to any settlement, consult with a personal injury lawyer to determine if the offer is fair. However, you need to know the 10 questions to ask personal injury lawyers before hiring them.
4. Posting on Social Media
Social media can be your worst enemy during a personal injury lawsuit. Insurance companies and defense attorneys will scrutinize your online activity to find evidence that contradicts your claim.
Examples of Harmful Posts:
- Pictures or videos of you engaging in physical activities that suggest you are not as injured as you claim.
- Posts about the accident that can be taken out of context.
- Comments that downplay your injuries or express frustration with the legal process.
To protect your case, avoid posting about your injury, lawsuit, or medical treatment on social media.
5. Not Following Your Doctor’s Orders
Ignoring your doctor’s recommendations for medical care, physical therapy, or follow-up appointments can seriously damage your case.
Insurance companies will argue that your injuries must not be severe if you are not taking your recovery seriously.
Protect Your Claim By:
- Attending all medical appointments.
- Following treatment plans, including medications and therapies.
- Keeping records of all medical visits and expenses.
Failing to follow your doctor’s orders can lead to a lower settlement or even a dismissed lawsuit.
6. Representing Yourself Without an Attorney
Trying to navigate the legal system alone can be overwhelming and costly. Many injured individuals assume they can handle their personal injury cases without an attorney, only to realize too late that they are in over their heads.
Why Hiring a Lawyer Matters:
- A law firm has the experience to handle cases effectively.
- A personal injury attorney can negotiate with insurance companies to ensure you receive full compensation.
- They can gather evidence, interview witnesses, and prove liability.
- If necessary, they can take your case to trial to fight for maximum compensation.
A skilled lawyer will make a huge difference in the success of your case and ensure you’re not taken advantage of by insurance companies.
7. Signing Documents Without Legal Advice
Insurance companies may ask you to sign forms, waivers, or releases soon after the accident. Signing these documents without an attorney’s review can jeopardize your legal claim.
What to Watch Out For:
- Medical release forms that allow insurers to access your full medical history, not just records related to the accident.
- Settlement agreements that prevent you from seeking additional compensation later.
- Statements that can be used against you in court.
Always have your personal injury lawyer review any documents before signing to avoid legal pitfalls.
8. Having a History of Prior Claims
If you have filed multiple personal injury claims in the past, insurance companies may use this to question the legitimacy of your current claim.
How to Overcome This:
- Be honest with your attorney about your past claims.
- Work with an experienced lawyer who can defend against claims of fraud or exaggeration.
While having previous claims doesn’t automatically disqualify you, it’s important to be prepared for increased scrutiny.
9. Not Hiring a Lawyer With Proven Results
Not all personal injury lawyers are created equal. Choosing an attorney with little experience or a poor track record can make or break your case.
What to Look For:
- A law firm with a history of winning fair settlements for clients.
- An attorney who offers a free consultation to assess your case.
- A lawyer who is licensed by the state bar and has strong client reviews.
The right attorney will have the knowledge and resources to fight for your best interests.
Protect Your Legal Rights With Bourassa Law Group
Filing a personal injury claim can be a complex and challenging process. Avoiding these red flags will strengthen your case and improve your chances of securing fair compensation for your injuries.
Some simple steps—such as seeking prompt medical care, hiring an experienced lawyer, and avoiding common mistakes—can help you navigate the legal system with confidence.
If you or a loved one has been injured, don’t wait. Contact a reputable personal injury law firm like Bourassa Law Group today for a free consultation and take the first step toward obtaining the compensation you deserve.
1-800-870-8910