Content Reviewed by:
Tucker Clagett •
February.8.2025
Vertified Content
Feb 8, 2025
| Read Time: 5 minutes
At Southern Maryland Law, our 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.
Article Contents
7 Common Mistakes to Avoid in a Personal Injury Claim
Even a simple misstep can damage a claim. Understanding these 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.
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.
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.
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, police officers, or insurance adjusters.
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
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.
A Maryland personal injury 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
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.
Common Mistakes & How to Avoid Them
| Mistake | Why It Hurts Your Case | How to Avoid It |
| Delaying medical care | Insurance may claim injuries are minor or unrelated. | Seek immediate treatment and follow all medical recommendations. |
| Not reporting the accident | No formal record means insurers may deny liability. | Call the police or notify the responsible party right away. |
| Admitting fault | Insurers use apologies as proof of liability. | Stick to facts and do not apologize. |
| Failing to collect evidence | Lack of proof makes winning harder. | Take photos, gather witness details, and keep medical records. |
| Speaking to insurers alone | Adjusters may pressure claimants into low settlements. | Have an attorney handle all communications. |
| Posting online | Defense lawyers use social media posts against claimants. | Do not discuss your case or post injury-related updates. |
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 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.
