9 Common Mistakes to Avoid in a Personal Injury Claim

A serious injury can change every aspect of your life. Medical bills pile up, time off work leads to lost wages, and dealing with insurance companies only makes the stress worse. A personal injury claim can help you recover compensation, but one misstep can weaken your case and reduce your settlement.

Protect your injury claim by avoiding mistakes that reduce compensation and delay recovery.

Here at Southern Maryland Law, our Waldorf personal injury attorneys have helped accident victims for over 40 years. We know what it takes to win cases and have seen how small mistakes can cost victims thousands in lost compensation.

This guide explains seven common mistakes to avoid in a personal injury claim and how a skilled Maryland personal injury lawyer can help you navigate the process effectively. And if you want to learn everything you need to know about Maryland car accident claims, see our Free Legal Guide to Car Accident Cases here. Then call us for a free consultation.

9 Common Mistakes to Avoid in a Personal Injury Claim

Even a simple misstep can damage a claim. Understanding these 9 common mistakes will help ensure the best possible outcome.

1. Failing to Seek Medical Attention Immediately

Seeing a doctor after an accident is critical for your health and legal case. Many injuries—such as concussions, internal bleeding, and soft tissue damage—do not appear immediately. Delaying treatment allows insurers to argue your injuries are not serious, that another event caused your condition, or that proper treatment could have prevented the severity.

Some people delay treatment because they cannot afford it. That should not be your top concern either, because of something called PIP (the Personal Injury Protection benefits mentioned above, and linked to here). Read this post about how to pay for medical care after a car accident in Maryland.

Keep in mind it is illegal to be refused care at a hospital based on inability to pay. They have to help you even if you have no money and no insurance. You should know your rights if you are injured and wind up in an emergency room.

But if you are injured in a car accident in Maryland, you will have up to $2,500 of health coverage through your own car insurance that applies regardless of whose fault it is. This is called PIP, and stands for Personal Injury Protection. (Technically, you can waive this coverage, but almost nobody does – and nobody should! It’s cheap.)

Getting immediate medical care is essential. Seeking medical attention right away does two crucial things:

• Protects your health. Injuries that seem minor can develop into serious conditions if left untreated. Concussions, whiplash, and internal injuries often worsen over time; and
• Strengthens your case. Medical records serve as key evidence in personal injury claims. If you delay treatment, insurance companies may argue that your injuries are unrelated to the accident or not severe enough to warrant compensation.

Be careful about what you say to your doctor, as it will all be recored and used as evidence in your case. Always follow your doctor’s recommendations and attend all follow-up appointments. Failure to complete prescribed treatment may weaken your claim.

2. Not Reporting the Accident Right Away

Failing to report an accident promptly makes it easier for the other party to dispute what happened. Without an official record, insurance companies may claim the accident never occurred, suggest your injuries are exaggerated, or argue that another event caused your condition.

Depending on the type of accident, report the incident to:

• Law enforcement—for car accidents, police reports establish fault and document injuries;
• Property owners or managers—for slip and falls, filing an incident report ensures the event is officially documented; and
• Employers—for workplace injuries, immediately notifying your employer is necessary for workers’ compensation eligibility.

A formal accident report creates a paper trail and ensures accurate details are recorded while evidence is fresh.

However, be careful about what you say, and never give a recorded statement without talking to a lawyer first. See below.

3. Admitting Fault or Apologizing

Many instinctively say “I’m sorry” after an accident, even when they did nothing wrong. However, insurance adjusters use apologies as admissions of fault. Statements like, “I didn’t see them coming,” “I should have been more careful,” and “It happened so fast—I must have done something wrong” can be used against you. Insurance companies may:

• Use your words as evidence to reduce or deny compensation;
• Claim you were partially or entirely responsible for the accident; and
• Offer lower settlements, arguing that your negligence contributed to the incident.

Instead, stick to neutral statements such as:

• “I prefer to wait until all facts are gathered”; and
• “I will provide details through my attorney.”

Avoid discussing fault with anyone at the scene, including witnesses. There is a very good reason to do that in Maryland.

Maryland follows a legal doctrine called “contributory negligence.” That means that if you are found to have any fault for your accident – even 1% – you lose the right to make any claim for anything. That is a very harsh law and can lead to very unfair outcomes. This is why it is very important for you not to admit to any fault at the scene of a car accident.

For all the details, read our post here explaining contributory negligence in detail.

4. Not Collecting Evidence at the Scene

Gathering strong evidence is essential for proving liability. Without supporting documentation, the case becomes one person’s word against another’s.

Common types of evidence you should gather include:

• Photographs—capture images of the accident scene, visible injuries, property damage, and road conditions;
• Witness statements—collect names and contact details of people who saw the accident; and
• Official reports—request copies of police or incident reports from the authorities or property owners.

If injuries prevent collecting evidence, ask a friend, family member, or attorney to help.

5. Speaking to Insurance Adjusters Without Legal Representation

After you have been in a Maryland car accident, it is very likely that an insurance adjuster will call you and ask for a recorded statement. Don’t do it! In Maryland, you must give consent to be recorded. Maryland is a 2 party consent state for audio recordings. They will have to ask you, and you should decline.

Would you go to a deposition without an attorney? Of course not! Going to a deposition without an attorney would be crazy. A recorded statement is essentially the same thing. It can and will be used against you later in your case. In fact, that is the whole point of it – no matter what the insurance adjuster tells you.

You have probably never given a recorded statement before. The insurance adjuster on the other end of the line has probably taken hundreds of them. Insurance companies train adjusters to settle claims for as little as possible. Their tactics include asking leading questions to make victims admit fault, pressuring claimants to accept low offers before full medical recovery, and requesting recorded statements to use against injured parties later. 

Do you think the insurance adjuster will allow you to take a recorded statement from their insured? No way!

A Waldorf car accident lawyer protects your case by handling all communication with insurance adjusters.

6. Posting on Social Media During an Active Case

Insurance companies monitor social media accounts for anything contradicting an injury claim. Insurers will often try to use social media against you, including:

• Photos or videos of physical activity. If you claim a back injury but post a hiking photo, insurers may argue you are exaggerating.
• Comments about the accident. Even saying “I’m fine” can be used to question the severity of your injuries.
• Location check-ins. Being at a gym, party, or vacation spot may suggest you are not as injured as claimed.

The safest approach? Stay off social media entirely until the case is resolved. If that is not reasonable, at least be mindful of what you post on social media. Remember that someone at an insurance company is going to be looking at it to try and deny or reduce your claim. 

7. Accepting the First Settlement Offer

Insurance adjusters will try to get you to accept a quick settlement check soon after the accident. They may offer it in the first phone call, or they may send you a check within days of your accident along with some document full of what looks like legal mumbo jumbo and instructions to just sign and return it.

Do not sign it! If you accept a check early, you lose the right to make any claim later. That legal mumbo jumbo is a “release.” By signing it, you release the other driver from liability in exchange for the money. That creates a binding contract and you cannot back out of it later without a legally sufficient reason (and “I didn’t know what I was doing” is not a legally sufficient reason).

This is such a common and serious mistake that Maryland passed a law to cut down on the practice by allowing you to rescind a release in the right circumstances. It doesn’t outlaw the practice, but builds in a period of time for you to change your mind after you accept the check.

Basically, the law allows you to void any release signed within 30 days after an accident, but you have to do it within 60 days of signing the release, and you have to jump through certain other hoops – like sending the money back.

If you think this may apply to you, you should pick up the phone right now and call a lawyer to so you can do this right. Don’t ever flirt with short deadlines like 60 days (which is really, really short in the legal world).

Even if they do not send you a check and release, they may send your some innocent looking forms to sign and return to them. Do not do sign any forms unless you consult with an attorney.

You should never take a quick settlement after a car accident because you do not yet know the extent of your damages. You should always wait to be absolutely sure you are not injured, or until you know the full extent of your condition after the accident.

Sometimes your pain won’t show up until days after the accident. Or, you may think your pain will go away but it doesn’t. Or, something you consider a minor pain may flare up into a major problem.

Only a doctor can accurately assess your medical condition. Do not try to do that on your own, and do not be too quick to pronounce yourself fully recovered.

Also, remember that a first offer is just a first offer. You can ask for more. Many victims accept low initial settlement offers, believing insurance companies will not increase them. Rushing into a settlement is a mistake because:

• Once you accept a settlement, you waive the right to future compensation;
• Some injuries worsen over time, leading to unexpected medical costs; and
• Insurance companies always offer less than what a case is truly worth.

A personal injury lawyer negotiates for full compensation, ensuring you receive what you need for long-term recovery.

8. Getting too much Medical Care

The flip side to Mistake Number 1 is getting too much medical care. The insurance company will punish you if you do not see the doctor, or do not see the doctor as much as you should. But the insurance company will also punish you if you see the doctor too much!

I know it sounds unfair, and sometimes it is, but it is a fact. Going to the doctor too much can hurt your case. The details are where this gets sticky.

It is always wise to get a second opinion, and it is perfectly legitimate to change doctors if you need to. But if you are seen as “doctor shopping”, it will hurt your accident case. This is particularly true if it looks like you are “shopping” for the doctor that will give you more treatment that other doctors have rejected.

We cannot give you hard and fast guidelines on how many doctors are too many. Just be sure you have a good reason for any new doctor you see.

In the Washington and Baltimore region, we have the luxury of having some of the absolute best doctors and health care facilities in the entire world. You can always get a world class second opinion. If you have a medical problem (whether caused by an accident or not) you can get in to see a really top of the line doctor. We strongly encourage people to take advantage of that.

If you do not think your doctor is doing all the right things to fix you, you can find one for a second opinion that is tops in their field. We encourage you to do just that if you need to. This is the best thing for your health. It will also prevent some insurance company attorney from ever claiming you were doctor shopping or over-treating for your injury.

The best thing to do is pick a reputable doctor and follow their orders. That will always be easy to defend. An attorney experienced in personal injury cases can give you an idea of when your medical treatment may raise issues for your case, but a good attorney will make sure you get ALL the care you need to feel better, and will defend it later if the insurance company tries to make it a problem for you.

9. Seeing a Doctor who has a Side Deal with the Attorney

Have you ever heard of an attorney sending you to “their” doctor? It used to happen a lot more than it does now, but you still see it. It is a bad idea.

Some personal injury attorneys used to make deals with certain doctors. The general idea was to have a doctor friend who would run up a bill just high enough to make the accident case seem more valuable than it was, so both the doctor and the attorney made more money off the deal. Then they would go play golf together!

If this sounds unethical to you, you are absolutely right. An attorney is supposed to be a professional free of outside influence. They should only have your best interests at heart. If they are partially looking out for their doctor friend, how are they going to look out for your best interests?

Not only is it unethical, but this mistake hurts your accident case. Do you think a relationship like that between an attorney and a doctor is a secret?

No way. The insurance companies long ago got smart and started keeping records on attorneys. They look for problems like doctor-attorney relationships that are not ethical. They will know if your case is one of those, and they will treat you accordingly. You can expect an unfairly low settlement offer, and probably a fight in Court over whether or not the doctor “over-treated” you.

It may be perfectly legitimate for an attorney to refer you to a particular doctor, as long as there is no special relationship between them. At our firm, we prepared a list of local Orthopedic doctors because we found so many clients didn’t know one.

But we will always give you a list of several doctors, and we will encourage you to first ask your family doctor for a referral. That is the best way to get one.

If you contact us and ask us directly, we will tell you who we use for medical care, and who we send our family to. We can also give you the names of some excellent doctors in the DC or Baltimore area who are world class and renowned for their skills. We know the skills and styles of most of the local doctors because we have represented so many injured people.

But we do not have any unethical personal or professional relationships with any doctors in our area.

Common Mistakes & How to Avoid Them

Take the Right Steps—Call Southern Maryland Law Today

If you or a loved one suffered injuries due to someone else’s negligence, avoiding these common mistakes is essential. A strong case requires medical documentation, legal strategy, and an aggressive approach to dealing with insurance companies.

At Southern Maryland Law, our local, experienced car accident attorneys have been fighting for injured clients for over 40 years. Our deep knowledge of Maryland personal injury laws and local court systems ensures that every client receives the highest level of legal representation.

You do not have to face this alone. Contact us today for a free consultation, and let us help you build a winning case.

Author: This content was written and approved by Tucker Clagett, an attorney at Southern Maryland Law – Andrews, Bongar, Gormley & Clagett.