What to Avoid—and What to Do Instead—After a Life-Changing Injury
A catastrophic injury, whether it has happened to you or someone you love, is a life-changing event. In the days, weeks, and months that follow, you’ll face countless decisions that will greatly impact your future. Some will have long-term consequences for your recovery, your finances, and your personal injury lawsuit.
At Constant Legal Group, we’ve represented many clients who were seriously injured through no fault of their own, and we’ve seen how certain early mistakes can delay justice, reduce compensation, or even jeopardize an otherwise strong case. Whether you’ve been injured in a car accident, had a fall, or were hurt by a defective product or medical negligence, this guide walks you through common mistakes victims make at each stage of a personal injury claim, and what you should do instead.
The Aftermath of the Injury Is Important
In the immediate aftermath of a serious injury, most people are in shock. That’s understandable, but decisions made in those first hours or days can affect your ability to recover physically and financially. Here are the most common errors we see:
Not Seeking Immediate Medical Attention
Some people delay going to the doctor, hoping the pain will pass or assuming they’ll “tough it out.” Others worry about cost. But failing to seek prompt medical care gives insurance companies a reason to question your injuries or claim they weren’t serious.
Get medical attention as soon as possible, even if your injuries seem minor at first. Follow all medical advice and attend every appointment. This creates a medical record that links your injuries to the incident, which is critical for your case.
Failing to Document the Scene
Whether it’s a car crash, construction accident, or fall in a store, failing to gather evidence can make your case harder to prove later.
If you’re able, take photos of the scene, your injuries, any hazards or vehicles involved, and get contact information for witnesses. If you’re too injured to do this yourself, ask someone you trust to do it for you. The more evidence you have, the stronger your case will be.
Giving Statements to Insurance Adjusters
Insurance companies often call quickly after an accident, asking for a recorded statement. Victims, trying to be polite or honest, may downplay their injuries or say things that can be taken out of context.
Instead, politely decline to give a recorded statement and tell them you’re consulting with an attorney. You are under no legal obligation to speak with the other party’s insurance company, and doing so may hurt your claim.
Don’t Do These Things When Looking for an Attorney or Filing a Lawsuit
Once the initial crisis is over, your focus may turn to the legal side of your recovery. But here too, mistakes can cost you time, money, or even your right to sue.
Waiting Too Long to File a Lawsuit
Every state has a statute of limitations—a deadline for filing personal injury claims. If you miss it, you may lose your right to recover anything at all, no matter how strong your case is.
It’s important to speak with an attorney as soon as possible. Even if you’re not sure whether you want to file a lawsuit, a legal consultation can help you understand your options and deadlines. In some catastrophic injury cases, evidence can disappear or degrade quickly, so time is critical.
Choosing the Wrong Lawyer
Not all personal injury lawyers are equipped to handle serious personal injury or catastrophic injury claims. Some law firms are focused on fast settlements, not long-term results. Others may not have the resources to take on large companies or insurance giants.
Choose a law firm with experience in catastrophic injury litigation, like spinal cord injuries, brain injuries, and other areas of personal injury law. Look for a team that’s willing to go to trial if necessary, and that has a track record of securing strong results. Ask about their experience with similar cases before hiring them.
Posting on Social Media
Victims sometimes post updates, photos, or even jokes online that contradict the seriousness of their injuries, or that the insurance company uses to downplay their pain and suffering. Stay off social media or limit your activity while your case is ongoing. Even a smiling selfie can be twisted by a defense attorney to suggest you’re not in pain. Assume anything you post could end up in court.
Mistakes Made When Working with an Attorney
Even after you’ve hired a qualified legal team, there are still pitfalls that can weaken your case if you’re not careful.
Not Being Honest with Your Attorney
Some clients are embarrassed about past injuries, previous legal claims, or facts surrounding the incident, and they may withhold information. But if something comes out later in discovery or trial, it can seriously hurt your credibility.
Tell your attorney everything, even if you think it’s irrelevant or might hurt your case. A good lawyer can prepare for challenges, but only if they know about them upfront. Your conversations with your attorney are confidential and protected by law.
Missing Medical Appointments or Ignoring Treatment
Failing to follow through with medical care is one of the biggest mistakes clients make. It not only affects your health, but insurance companies use gaps in treatment as a reason to reduce your compensation.
Make sure go to every appointment, follow through with physical therapy, take your prescribed medications, and keep a journal of how the injury impacts your daily life. Consistent care strengthens your case and your recovery.
Settling Too Early
Some victims are tempted to accept the first offer from an insurance company or defense lawyer. They may be overwhelmed by bills or desperate to move on. But early settlements often don’t account for future medical costs or lost earning capacity.
Before you settle, let your attorney fully evaluate your future needs and the offer itself. This may include expert input on future surgeries, long-term care, and vocational rehabilitation. Once you settle, you can’t go back and ask for more.
Protect Yourself from the Start
Suffering a catastrophic injury is overwhelming. Unfortunately, the legal process can make it even more confusing. But avoiding the mistakes above can help protect your rights and maximize your recovery.
At Constant Legal Group, we work with seriously injured clients every day. We know the challenges you’re facing, and we’re here to guide you through every step, from medical referrals and investigations to settlement or trial. You don’t have to figure this out alone. Get in touch with us today to talk about your case.