Mistakes To Avoid In Personal Injury Cases

Written by
Abraham Jaros
Updated on Monday, Oct 16, 2023

Your ability to be successful in your personal injury case, and to get a good result, sometimes depends on what you do both directly after the accident and through the life of your personal injury case.

Mistakes to avoid:

Saying Too Much At The Scene Of The Accident

It’s very human to say "I’m okay" after an accident. But if you do, you can be sure that the defendant’s lawyers will use that to claim your injuries were not caused by this accident and also cannot be as serious as you’re now saying they are.

Saying "I'm sorry" after an accident is very human. You can also be sure that saying anything like that will help to increase your percentage of comparative liability, thus reducing the amount of award you may ultimately receive.

Stick to the facts after an accident. Remember that anything you say or do at the accident site will be used against you later.

Talking To The Other Sides Insurance Companies Without A Lawyer

Insurance companies may contact you soon after an accident to ask for a written or recorded statement or to offer a quick settlement. It's important to remember their goal is to pay out as little as possible. Anything you say or sign will be used against you later.

Although a quick settlement sounds attractive right after an accident before you agree to it make sure you know what th full extent of your injuries are and how much insurance there is. If your injuries are serious enough to meet New York's serious injury threshold, you should always say,

"My lawyer will handle this for me." and nothing more…even if you haven't hired a lawyer yet.

Waiting Too Long To Hire A Lawyer

Many people think they have to wait until they're fully healed before hiring a personal injury lawyer. Nothing could be further from the truth. I recommend speaking to a lawyer as soon as you're medically capable of picking up the phone and hiring a lawyer as soon as possible to guide you and explain the process. Hiring a lawyer and not waiting gives us a chance to gather any reports, records, statements, photographs, videos or any other evidence that might be relevant and become unavailable later. The other sides insurance company does not wait to start preparing their defense. You also should not delay hiring an attorney.

Remember, New York personal injury attorneys work on a contingency fee basis. You don't pay us anything unless we are successful. When you call us immediately after an accident even if you do not decide to hire us we will explain how you should proceed and there is no charge, fee or obligation for that free advice.

Posting On Social Media

Social media has become part of our everyday lives in today's digital age. However, posting on social media can give insurance companies information and ammunition to use against you. Even innocent posts about your daily activities can be misconstrued and used to argue your injuries are not as severe as you claim.

Failing To Follow Doctor's Instructions

If you don't follow your medical providers instructions you could face difficulties in your case. The insurance company will either use that information to claim you were not as injured as you say you were, or they may argue that they should offer you less because you failed to follow your doctor's advice and thus failed to mitigate your losses.

Not Documenting Your Injuries

Although you may have been seriously injured in your accident, unless you see a doctor while your case is pending to report how you feel and your doctor enters that into your medical records you may have difficulty proving the extent of your injuries. Defendants as well as the Court and juries all believe that if you are in pain and suffering you will seek treatment. Therefore if you do not treat, they will assume you are not suffering.

Not Telling The Truth Or Exaggerating

If your potential recovery is large enough you should assume that the other side attorneys and insurance companies will use private investigators to watch your activities. So that if you say I am in such pain I cannot drive they will try and videotape you driving. If you say I cannot take out the garbage cans as I cannot lift them any longer due to my injuries they will try and videotape you lifting something heavy.

With today's long-range lenses and cameras, you will not know when or where you are being followed and videotaped. So you must be very careful to be both accurate and truthful.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.