Common Mistakes That Hurt Personal Injury Claims in New York
After an accident, most people are focused on one thing: getting better. Legal strategy is usually the last thing on their mind, and understandably so. But the actions you take, or fail to take, in the days and weeks following an injury can have a serious impact on the outcome of your case. At Jaroslawicz & Jaros, PLLC, our New York Personal Injury Attorneys have seen promising claims weakened by entirely avoidable mistakes. We want every injured New Yorker to be as informed as possible.
Waiting Too Long to Seek Medical Attention
This is one of the most common and costly mistakes injured people make. Even if you feel like your injuries are minor, delaying medical treatment gives insurance companies room to argue that you were not seriously hurt, or that your injuries were caused by something other than the accident. Seeing a doctor promptly after an accident creates a documented connection between the incident and your injuries, which is a cornerstone of any personal injury claim.
Giving a Recorded Statement to the Insurance Company
Insurance adjusters often contact accident victims shortly after an incident and ask for a recorded statement. Many people comply, assuming it is a routine part of the process. In reality, these statements can be used to find inconsistencies or admissions that work against your claim. You are generally not required to provide a recorded or any statement to the other party’s insurer, and it is always wise to speak with an attorney before doing so.
Posting on Social Media
It may seem harmless to post a photo or update your friends on how you are doing after an accident, but insurance companies and defense attorneys routinely monitor social media accounts during personal injury cases. A single photo or an offhand comment about your activities can be taken out of context and used to undermine your credibility or dispute the severity of your injuries. The safest approach is to stay off social media entirely while your claim is active.
Accepting a Quick Settlement
When an insurance company offers a fast settlement, it can feel like a relief, especially when medical bills are piling up. But early offers are almost always lower than what a claim is actually worth. Once you accept a settlement and sign a release, you typically cannot go back and ask for more money, even if your injuries turn out to be more serious than initially understood. Taking time to fully assess the extent of your damages and speaking to an attorney before agreeing to anything is critical.
Not Documenting Everything
Solid documentation is the backbone of a strong personal injury claim. Failing to photograph the accident scene, not keeping records of medical appointments, or throwing away receipts for out-of-pocket expenses can all create gaps in your case that are difficult to fill later. From the moment an accident happens, treat every piece of evidence as potentially important.
Missing Critical Deadlines
New York has strict time limits for filing personal injury claims. Missing the statute of limitations means losing your right to compensation entirely, regardless of how strong your case might be. Certain claims, such as those involving government entities, carry even shorter deadlines that can catch people off guard.
Contact Our Office for Legal Help Today
When the stakes are this high, having the right guidance matters. The attorneys at Jaroslawicz & Jaros, PLLC are here to help injured New Yorkers avoid these pitfalls and build the strongest possible case. Serving clients throughout New York City and Long Island, the firm is dedicated to protecting your rights every step of the way.