Common Mistakes to Avoid in a Personal Injury Case

Unfortunately, many injured individuals unknowingly make costly mistakes that weaken their cases. Part of the reason why this happens is because injured people may not have experience with personal injury claims or even insurance claims, and may not know what to do. The emotional impact of a serious injury can also make it harder to figure out what to do.

At The Law Office of Mark A. Siesel, we’ve spent almost 40 years helping clients in Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties to protect their rights and recover fair compensation. We know how simple missteps can damage your case, which is why we offer a free consultation and get back to you quickly when you reach out. By consulting with you early, we can suggest ways you can avoid common mistakes that could hurt your claim. If you’ve been injured in New York City or the Hudson Valley, contact us to schedule a consultation.

Not Seeking Medical Treatment Immediately

One of the most common and damaging mistakes people make after an accident is delaying medical care. Whether you’re in a car crash, fall on someone else’s property, or suffer a traumatic brain injury (TBI), waiting to see a doctor can be dangerous. Even if you feel fine, if you have hurt your head or have sustained any serious injury, you need prompt treatment to have the best chance at healing. In cases of a TBI or internal injury, prompt medical attention can save your life.

Not seeking prompt medical treatment can also hurt your case. Insurance adjusters often argue that a delay in treatment means your injuries weren’t serious, or weren’t even caused by the accident. Getting checked out right away helps you recover physically while also creating a clear record linking your injuries to the incident.

Even once you have a medical evaluation, it’s important not to discontinue care. A common mistake people make is that they stop following their treatment plan or stop attending medical visits, especially if they feel better. This is a dangerous mistake. It can lead to complications and make your healing journey longer. It also gives insurers and defendants an argument for denying or minimizing your claim.

Giving a Statement to the Insurance Company Without Legal Advice

Shortly after an accident, it’s common to get a call from an insurance adjuster who sounds friendly and helpful. But be clear about this: their job is to minimize the amount the insurance company pays out. They are not obligated to protect your rights, even though you have been making premium payments.

Giving a recorded statement without legal guidance is a huge mistake. Innocent comments like “I’m feeling better” or “I guess I didn’t see them coming” can be twisted to make you seem less injured or more at fault than you actually are.

At The Law Office of Mark A. Siesel, we handle all communications with the insurance companies so our clients don’t have to worry about being taken advantage of.

Waiting Too Long to Contact an Attorney

New York law sets strict deadlines for filing personal injury lawsuits. In most cases, you have just three years from the date of the accident to take legal action. For wrongful death, that window is two years, and if your case involves a government entity, you may have only 90 days to file a Notice of Claim.

But beyond the legal deadlines, there’s another reason not to wait: evidence disappears. The sooner you contact an experienced attorney, the better chance you have of building a strong case.

As soon as you can, contact an attorney for a consultation. An attorney can tell you what you should do to protect your claim. You can always reach out to The Law Office of Mark A. Siesel to schedule a free consultation if you have been injured.

Talking About Your Case on Social Media

It might feel natural to update friends and family on your recovery through social media, but insurance companies and defense lawyers routinely monitor Facebook, Instagram, and other platforms for evidence that contradicts your claims. They may even be looking at the social media accounts of your contacts to find out more about you.

Even something as simple as posting old vacation photos or saying you “feel okay” can be used against you. The best rule is to avoid posting anything about your accident, injuries, or daily activities while your case is pending. If you have any questions about your online presence, your personal injury attorney can help you figure out what you can do to protect yourself.

Making Assumptions About Your Case

Many clients come to us after seeing billboards or online ads promising massive payouts for minor injuries. These promotions are misleading and often unrealistic.

On the other hand, some injured individuals mistakenly assume their case isn’t worth much and decide not to pursue a claim. They may decide to accept an initial offer from an insurer without considering long-term costs.

Your case is unique and it’s important not to make assumptions. Determining potential compensation involves a careful review of:

• The extent of your pain and suffering.
• Past and future medical expenses.
• Lost wages and loss of future earning capacity.
• The insurance policies involved.
• The assets of the responsible party.

Don’t assume you know the value of your case. Schedule a free consultation with a personal injury lawyer who can explain whether you have a claim.

Failing to Report a Car Accident

In serious motor vehicle accidents, leaving the scene or failing to report an accident is a violation of state law. Under Section 600 of the New York Vehicle and Traffic Law, failing to report a personal injury accident is a misdemeanor. Failing to report property damage is also punishable.

Not reporting your accident also creates a serious credibility issue if you later try to bring a personal injury claim.

If you’re unsure whether you need to file a report, contact us. We can help you understand your obligations and protect your rights.

Settling Too Early

After an accident, you may be facing financial pressure and it’s tempting to accept a fast settlement. But settling too early can cost you far more in the long run.

Injuries like TBI, spinal damage, and soft tissue trauma can take months or even years to fully understand. Once you accept a settlement, you typically give up the right to seek additional compensation, even if your condition worsens.

At The Law Office of Mark A. Siesel, we push back against lowball offers and make sure your case is evaluated with the full picture in mind, including:

• Long-term medical care.
• Future surgeries or rehabilitation.
• Any impact on your ability to work.
• Emotional and psychological harm.
• Loss of enjoyment of life.

Trying to Handle the Case Alone

We respect anyone trying to stand up for themselves, but personal injury law is too complicated for DIY. Without legal training and experience, it’s easy to overlook important details, miss deadlines, or undervalue your case.

Insurance companies have teams of adjusters and attorneys working against your interests. You deserve legal representation, too.

With nearly 40 years of legal experience, The Law Office of Mark A. Siesel offers strategic representation tailored to your unique circumstances.

Contact Us After Your Injury

If you’ve been injured in a motor vehicle accident, a DWI-related crash, a slip-and-fall, a dog bite incident, or have suffered another injury in Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, or Sullivan county, don’t risk making a mistake that could hurt your case.

We provide a free consultation to discuss your potential case in greater detail.

At The Law Office of Mark A. Siesel, we respond to all calls and emails within 24 business hours and often the same day. Let us help you take the right steps from the beginning and protect your right to fair compensation.