5 Mistakes That Can Derail Your Personal Injury Case (And How To Avoid Them)
5 Mistakes That Can Derail Your Personal Injury Case
(And How To Avoid Them)
Suffering any type of injury following a car crash, dog bite, or a slip and fall, is already overwhelming enough. Between doctors visits, insurance calls, missed time at work, and the physical recovery process, it can feel impossible to keep your brain from spinning.
But if you're considering filing a personal injury claim, there are a few more things you must keep in mind-because the steps you take (or don't take) afterward can significantly impact the outcome of your case.
Even a couple of small errors have the potential to weaken your credibility and make it much tougher to secure the compensation you deserve.
At Langella & Langella, we've seen firsthand how simple mistakes can jeopardize a settlement or verdict, despite how avoidable they often are. So, here are five common pitfalls to steer clear of and what you can do instead to protect your rights.
1. Discussing Your Case Publicly
In 2025, you'd probably be hard-pressed to find someone who doesn't share at least some part of their life on social media. Posting personal updates is basically second nature nowadays. But after an accident, these posts can backfire, even if they're seemingly harmless.
Consider this: images of you hanging out with your friends, dining out at a restaurant, or visiting the gym can be seen (and misinterpreted) by insurance companies. Insurers are notorious for investigating digital footprints and using social posts to argue that victims are exaggerating their injuries or continuing to live a "normal" day-to-day life.
And just because your account is set to private doesn't mean you're safe. Even these posts can sometimes be accessed and introduced as evidence during litigation.
What You Should Do Instead:
Stay off of social media entirely, if you can. Or, at the very least, refrain from posting about your accident, injuries, or daily activities until your case is resolved. And ask friends and family not to tag or post about you, either. When in doubt, remember that anything you share online can potentially be used against you.
2. Failing To Complete Medical Treatment
It's not unusual for victims of accidents to stop seeing their doctors early. Sometimes, they start to feel better sooner than expected. Or, they begin skipping follow-up appointments due to cost, time, or frustration with the recovery process.
While this all might seem understandable, insurance companies will say otherwise. They may argue that you were never seriously injured if you were able to stop treatment, or that your pain isn't related to the accident you experienced.
So, by not following your doctor's advice, you won't just run the risk of prolonging your recovery; you also weaken your credibility in front of a judge or jury.
What You Should Do Instead:
Don't stray from your treatment plan. Attend all of your appointments, follow your doctor's recommendations, and keep records of your visits, prescriptions, and pain levels. This documentation will serve as powerful evidence proving the extent of your injuries and the impact they've had on your life.
3. Not Preserving Evidence
Evidence is the foundation of any legal case, including personal injury ones. Nonetheless, it can disappear fast if it's not thoughtfully preserved.
Skid marks at the scene of a crash will fade, and surveillance footage might get erased. Plus, on-site witnesses could forget key details about your accident. And without this proof, establishing who was at fault (as well as the full extent of your losses) becomes an uphill battle.
What You Should Do Instead:
Document everything immediately after the accident, as long as you're physically able to. Take photos and videos of the scene, your injuries, and any property damage. Then, gather the name and contact information of witnesses. Additionally, store copies of any police reports, medical bills, and communication with insurers. And make sure you contact a personal injury attorney early on before the evidence is no longer there.
4. Missing Important Deadlines
While laws differ state by state, New York has strict statutes of limitations that dictate how long victims have to file a personal injury claim after an accident. In most cases, you'll have three years from the date of the accident. However, in certain accidents, claimants may have as little as 90 days from the date of the accident to preserve their claims.
If you miss these dates, the court could dismiss your case entirely, regardless of how strong or compelling your evidence is.
What You Should Do Instead:
Get in touch with an attorney as soon as possible following your accident. An experienced personal injury attorney will handle these logistics for you, keeping track of filing deadlines and other necessary steps to ensure your claim remains valid.
5. Waiting To Hire An Attorney
Finally, some people delay contacting a lawyer right away because they believe they can handle the negotiations on their own. But make no mistake: insurance companies are not on your side. They will search for ways to deny your claim and minimize payouts, and by the time you realize you're not being treated fairly, you might've already made statements that can be used against you.
What You Should Do Instead:
Finding an expert who's experienced in handling these negotiations is critical, so hire a personal injury attorney right away. A skilled lawyer will gather critical evidence, deal with insurance companies, and guide you through every step of the process to prevent costly mistakes.
Handling a personal injury case on your own is an injustice to yourself. You cannot possibly know the value of your case. An experienced personal injury attorney is the only person that will be able to tell you what your case is worth.
At Langella & Langella, we're dedicated to advocating for your rights, gaining your trust, and securing the compensation you deserve.
Protect Your Case From The Start
The aftermath of accidents can feel chaotic, but avoiding these common mistakes can make all the difference in your physical, emotional, and financial recovery. Acting quickly, keeping up with treatments, and partnering with an experienced attorney will give you the best possible chance of recovering fair compensation.
For decades, Langella & Langella has guided countless clients through the personal injury process. We know how to stay one step ahead, so if you or a loved one has been injured, don't wait to get help.
Contact us today for a Free Consultation by calling (631) 348-9500.


