If you’ve been injured because of someone else’s negligence, filing a personal injury claim is an important step toward getting the support you need, whether it’s for medical treatment, lost income, or the pain you’re dealing with day to day. But as New Jersey personal injury attorney Richard A. Stoloff knows from over two decades of experience, even small mistakes can make a big difference in how your case turns out.
Attorney Stoloff has guided countless South Jersey clients through the legal process with confidence, and one thing he always emphasizes is this: the actions you take early on can directly affect the outcome of your claim. From what you say to an insurance adjuster to whether you follow up with your doctor, every choice matters more than most people realize.
In this blog, we’ll walk through five common missteps that could hurt your personal injury claim in New Jersey – along with simple, practical ways to avoid them and protect your right to fair compensation.
1. Oversharing on Social Media Can Undermine Your Claim
In today’s digital age, it’s almost instinctive to share updates about your life on social media. However, posting about your personal injury case can have serious consequences. Insurance companies and defense lawyers often scrutinize claimants’ social media accounts to find evidence they can use to discredit the claim.
What Could Go Wrong?
- Posting photos of yourself at a family gathering, even if you’re seated and resting, can be misconstrued as evidence that your injuries aren’t as severe as you claim.
- Sharing details about your recent accident or venting your frustrations about the responsible party might seem harmless, but it can be taken out of context and used against you.
Your Best Course of Action
Avoid posting anything related to your accident, injuries, or recovery process. It’s best to temporarily pause social media activity altogether until your case is resolved.
2. Delaying Medical Treatment Weakens Your Case
After an accident, some people choose to "wait and see" if their injuries improve before seeking medical care. This delay can have devastating effects on your personal injury claim. Insurance companies may argue that your injuries aren’t serious or that they were caused by something other than the accident.
What Could Go Wrong?
You’re in a car accident on the Black Horse Pike in Egg Harbor Township and feel fine at first, but a week later, neck pain sets in. Delaying a doctor’s visit could give the insurance company a reason to question whether your injury is truly connected to the accident.
Your Best Course of Action
Seek medical attention immediately after the accident, even if you feel fine. Documenting your injuries early on creates a clear link between the accident and your medical condition, strengthening your claim.
3. Handling Your NJ Injury Claim Alone Is a Risk You Don’t Need to Take
Many people believe they can handle their personal injury claim without the help of a personal injury lawyer. While this approach might save you legal fees upfront, it often results in a lower settlement or, worse, a denied claim.
What Could Go Wrong?
- Accept a lowball settlement offer because you don’t know the true value of your claim.
- Miss critical deadlines for filing paperwork or providing evidence.
- Struggle to negotiate with the insurance company, which has teams of seasoned adjusters and legal professionals working against you.
Your Best Course of Action
Hire an experienced personal injury lawyer who understands New Jersey laws and can advocate for your best interests. A lawyer will ensure you receive fair compensation for your medical expenses, lost wages, and other damages.
4. Skipping Follow-Up Care Could Cost You Compensation
It’s not enough to seek initial medical treatment after an accident; you must also follow through with all recommended treatments and appointments. Ignoring follow-up care or discontinuing treatment prematurely can weaken your claim.
What Could Go Wrong?
If your doctor recommends physical therapy and you skip sessions, the insurance company might argue that your injuries aren’t as severe as you claim. Alternatively, they could suggest that your lack of follow-through contributed to a slower recovery.
Your Best Course of Action
Follow your doctor’s recommendations to the letter. Attend all appointments, complete prescribed treatments, and keep detailed records of your medical care. Consistency demonstrates the seriousness of your injuries and your commitment to recovery.
5. Speaking to the Insurance Company Without Legal Guidance Is Dangerous
After an accident, the at-fault party’s insurance company may ask you to provide a recorded statement. While this request might seem harmless, it’s a tactic often used to gather information they can use to reduce your payout or deny your claim altogether.
What Could Go Wrong?
You might unintentionally downplay your injuries or provide inconsistent details about the accident. Even seemingly innocent statements like, “I’m feeling better today,” can be used against you.
Your Best Course of Action
Politely decline to provide a recorded statement without consulting your lawyer first. Your personal injury lawyer can guide you on how to communicate with the insurance company and ensure that your rights are protected.
Bonus: Overlooked Errors That Could Hurt Your South Jersey Injury Claim
While the mistakes listed above are common, let’s consider some overlooked mistakes that could also harm your claim:
Misunderstanding Pain and Suffering Damages
Suppose you’re dealing with chronic pain and emotional trauma after an accident but fail to document these non-economic damages properly. Without medical or psychological records to back up your claim, you could miss out on significant compensation.
Failing to Preserve Evidence
Suppose you slip and fall at a crowded supermarket in Pleasantville on a rainy afternoon, but you don’t take photos of the hazard (like a wet floor) before it’s cleaned up. This oversight can make it harder to prove liability.
Talking to Multiple Adjusters
If you provide inconsistent information to different representatives from the insurance company, it could hurt your credibility and weaken your case.
Let The Law Offices of Richard A. Stoloff Help You Protect What Matters Most
Navigating a personal injury claim can be overwhelming, especially when you're focused on recovery. By avoiding common mistakes and working with The Law Offices of Richard A. Stoloff, you can feel confident that your case is supported by a dedicated legal team, working to achieve the best possible outcome for your claim.
Legal Guidance Can Help You Avoid Costly Missteps
With the right legal support, you can prevent errors that might jeopardize your claim. Our firm can help you:
- Steer clear of pitfalls such as accepting lowball offers or making statements that could negatively impact your case.
- Ensure all necessary deadlines are met and documentation is thorough.
- Advocate for your rights against insurance companies that may not have your best interests in mind.
Avoid Critical Errors in Your Injury Case – Let Richard A. Stoloff Help You Take the Right Steps Forward
Whether you were rear-ended on Route 9 in Galloway or hurt in a casino accident in Atlantic City, The Law Offices of Richard A. Stoloff is ready to fight for your rights. Our dedicated personal injury lawyers understand the challenges you’re facing and are committed to securing the compensation you’re seeking on your road to recovery.
Call us now at (609) 957-6810 or fill out our online contact form for a free consultation. We proudly represent residents in Atlantic City, Pleasantville, Egg Harbor Township, Galloway Township, and the surrounding areas.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact The Law Offices of Richard A. Stoloff directly.