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Advice from a Personal Injury Attorney on Choices that will KILL your claim
If you want to torpedo your personal injury claim after a car accident, congratulations — follow these steps and you’ll make it much harder (sometimes impossible) to recover fair compensation.
A successful personal injury claim depends on credible evidence, consistent medical documentation, and disciplined conduct after the collision. As a personal injury attorney who sees the aftermath of careless choices every day, I’ve put together the most common and destructive mistakes people make. Don’t be this person!
#1
Delay or Skip Medical Treatment
Why it ruins your claim:
Insurance companies use gaps in treatment to argue your injuries are minor, preexisting, or unrelated to the crash.
What people do wrong:
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Wait days or weeks to see a doctor because you “feel fine.”
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Treat symptoms with over-the-counter meds only.
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Stop treatment early because you feel a little better. Missed appointments, gaps in care, and disregarding medical advice allows insurers to argue you failed to mitigate your damages which will affect your claim.
What to do instead:
Seek prompt medical care (ER, urgent care, or your primary doctor) and follow the treatment plan. A same-day exam will document your injuries and link them to the collision.
Adhere to prescribed treatment plans, follow medical recommendations regarding follow-up care, therapy and restrictions.
#2
Admit fault — out loud, in messages, or online
Why it ruins your claim:
A casual “my bad" or “I didn’t see you there” or even an “I’m sorry” can be used against you as an admission of liability.
What people do wrong:
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Telling the other driver “It was my fault” at the scene.
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Texting or emailing the other driver or witnesses that you think you caused the crash.
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Posting a social update saying you were at fault.
What to do instead:
Be polite but don’t admit fault. Exchange necessary information, take photos, and let the police and insurers sort liability. Do NOT speculate about speed, distances, or right-of-way at the scene or after the fact.
#3
Overshare on social media
(or let friends post for you)
Why it ruins your claim:
Insurers comb social media for posts that contradict your injury claims (photos of hiking, partying, lifting heavy objects, etc.). Public posts, photos, check-ins, and comments can be discovered and used to impeach credibility or minimize claimed limitations.
What people do wrong:
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Posting details about the accident or injuries. Posting about the case or negotiations.
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Uploading photos or videos showing activity inconsistent with claimed injuries.
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Allowing friends/family to post about your activities without thinking of the claim.
What to do instead:
Immediately set profiles to private, avoid posting anything about the accident or your health, and ask friends not to post about you. Do NOT delete existing content without legal advice regarding preservation.
#4
Give a recorded statement to the insurer without counsel
Why it ruins your claim:
Adjusters are trained to ask questions that minimize liability and damages; a short answer out of context can be twisted.
What people do wrong:
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Agreeing to or accepting a recorded statement from the at-fault party’s insurer.
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Answering questions about prior accidents, health history, or specifics before consulting counsel.
What to do instead:
Tell the adjuster you’ll provide information through your attorney or give only basic contact/insurance details. Speak to a lawyer first.
#5
Sign releases, paperwork, or medical authorization without reading & understanding
Why it ruins your claim:
A release can end your legal rights; a broad medical authorization can let the insurer review unrelated medical history.
What people do wrong:
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Signing “settlement” paperwork at the hospital or from the adjuster.
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Authorizing release of all medical records without limits. Signing broad medical authorizations that may expose unrelated medical history that can be used to dispute causation.
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Signing forms that waive future claims.
What to do instead:
Never sign a release or settlement check without consulting an attorney. Limit medical authorizations to records related to the crash.
#6
Give inconsistent statements or forget details
Why it ruins your claim:
Contradictions provide ammunition to defense counsels to attack credibility.
What people do wrong:
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Saying different things about how/when/where the crash happened.
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Forgetting to mention prior symptoms or follow-up care that later emerges.
What to do instead:
Write down everything you remember as soon as possible: timeline, damage, weather, conversations, and witness names. You think you will remember, you won’t! Keep a continuously updated injury and treatment journal.
#7
Ignore evidence preservation
Why it ruins your claim:
Lost or destroyed evidence weakens your case.
What people do wrong:
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Discarding damaged clothing or vehicle parts.
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Letting the other driver repair their vehicle before pictures are taken.
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Not obtaining a copy of the police report.
What to do instead:
Photograph the scene, injuries, and vehicles; keep damaged items; get the police report number and copies; collect witness contact info. Vehicles, even if they are totaled, should be kept until inspected, do not authorize repairs or disposal before documenting damage. Keep all correspondence, estimates, and communications with insurers; avoid altering or discarding any potential evidence.
#8
Fail to document expenses and impacts
Why it ruins your claim:
Without proof, insurers discount or deny claims for lost wages, medical bills, and non-economic losses (pain and suffering).
What people do wrong:
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Tossing receipts, bills, or invoices.
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Failing to report missed work or reduced earning capacity.
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Not recording how injuries affect daily life (sleep, parenting, hobbies).
What to do instead:
Keep organized records—medical bills, receipts, pay stubs showing missed work, medical and other mileage logs, and a daily log describing your pain and life changes. If you are applying for disability or workplace leave, make sure your claims are consistent and accurate, your attorney can help you with this.
#9
Try to negotiate alone if your case is complex or serious
Why it ruins your claim:
You might accept a low, “fast” settlement that doesn’t cover future care or lost earning capacity.
What people do wrong:
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Taking the first settlement offer from the insurer.
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Not understanding long-term medical needs before signing a release. Early offers are usually undervalued claims that precede full diagnosis and prognosis.
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Trusting the at-fault insurer to be fair.
What to do instead:
Consult a personal injury attorney who can value current and future damages, negotiate, and advise you whether a settlement offer is fair.
#10
Lie about prior injuries or health conditions
Why it ruins your claim:
Inconsistencies between your claim and prior medical records can destroy credibility and lead to denial of your claim(s).
What people do wrong:
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Hiding old back, neck, or concussion history.
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Claiming injuries are worse/newer than records show.
What to do instead:
Be honest about prior injuries—your lawyer can explain how they affect the claim and how to present the facts. Be accurate and consistent across medical records, employment documents, forms and testimony regarding your injuries, past medical conditions, and limitations.
Final note (a little legal common sense)
If your goal is to protect your claim, avoid these 10 all too common pitfalls and seek prompt medical care, document everything, preserve evidence, avoid admitting fault, limit social media, and consult an experienced personal injury attorney before signing anything or giving recorded statements.
If you or a loved one has been injured in a car accident in Kentucky, contact Hurst & Hurst Law located in Danville, KY today for a free consultation. Our experienced attorneys are here to help you avoid killing your claim and get you the compensation you deserve.
