6 Costly Mistakes That Can Hurt Your Personal Injury Claim

Just one poor decision following an accident can lead to a world of trouble far beyond the point where the bruises heal up. While you have medical bills and insurance concerns to think about, it is easy to miss things that might impact your personal injury claim. 

Making the wrong move, such as putting off medical care, destroying important evidence, or even accepting a settlement too early, can complicate matters. Knowing the mistakes to avoid can be very helpful for people who live in the Wilmington area.

A Wilmington, NC, personal injury attorney can also explain the process and help you understand your options before you move forward with a claim.

The following are some of the most common mistakes you can make when trying to make a personal injury claim.

1. Delaying Medical Treatment 

One of the most damaging blunders is waiting too long to see a doctor after an accident. Some injuries do not produce extreme symptoms immediately, particularly when adrenaline temporarily masks pain.

A hesitation can give an insurance company an opportunity to argue that the injury was unrelated to the accident or that it was not as serious as claimed.

Seeking proper medical attention creates a record of the symptoms, diagnosis, treatment recommendations, and progression of the injury. It is also necessary to follow reasonable medical instructions and attend necessary follow-up appointments.

2. Failing to Preserve Evidence 

Evidence can disappear quickly after an accident. A damaged vehicle may be repaired, surveillance footage may be overwritten, and hazardous property conditions may be corrected.

Photographs and videos can preserve essential details about the accident scene. These may include vehicle damage, road conditions, property hazards, visible injuries, traffic signs, and surrounding conditions.

Witness contact information should also be preserved. An independent witness may later provide important information about how the accident happened.

3. Giving Inconsistent Statements 

Insurance adjusters may ask an injured person questions about the accident and injuries. Giving inaccurate or exaggerated information can develop unnecessary problems.

People sometimes make inconsistent statements because they are confused, frightened, or do not yet understand the extent of their injuries. Even an innocent difference between statements can become a problem during negotiations.

It is best to provide accurate information and avoid guessing about facts that are not known. If a person does not remember something clearly, saying so is better than providing an uncertain answer as though it were definite.

4. Accepting a Settlement Too Quickly 

An insurance company may offer a settlement soon after an accident. A quick payment can seem attractive when medical bills and other expenses are accumulating.

However, serious injuries may need treatment that continues for months or years. A person may not yet know whether they will need surgery, rehabilitation, medication, or long-term care.

Accepting a settlement typically involves resolving the claim for the agreed amount. Once the claim is settled, obtaining further compensation later may be difficult or impossible. Before accepting an offer, an injured person should understand the full extent of the injuries and losses involved.

5. Ignoring North Carolina’s Legal Deadlines 

Every personal injury claim has deadlines that can impact the right to pursue a lawsuit. In North Carolina, the general statute of limitations for many claims arising from an injury is found in North Carolina General Statutes § 1-52.

The actual deadline can differ depending on the nature of the claim and the parties involved. Certain cases can also have additional notice requirements or various limitation periods. Waiting until the deadline is approaching can leave little time to investigate the accident, collect evidence, identify responsible parties, and prepare a case.

Key Takeaways

• Delaying medical treatment can give insurers an opportunity to question the cause or severity of an injury.
• Failing to preserve photographs, videos, witness information, and other evidence can weaken a claim.
• Inconsistent or inaccurate statements may create unnecessary disputes.
• Accepting a settlement before understanding long-term losses can limit future recovery.
• North Carolina personal injury claims are subject to legal deadlines, including the statute of limitations under N.C. Gen. Stat. § 1-52 for many claims.
• Organized documentation can help establish liability, injuries, and the full value of a personal injury claim.

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