Common Mistakes to Avoid After a Personal Injury Accident: What a Texas Personal Injury Lawyer Wants You to Know

The Critical First Steps: Prioritizing Your Health and Your Claim

After an accident, your top priority is your well-being. Seeking immediate and consistent medical attention is not only essential for your physical recovery but also for establishing a clear and undeniable record of your injuries.

Mistake #1: Delaying or Discontinuing Medical Treatment

One of the most damaging mistakes you might make is failing to get prompt medical care or stopping your treatment plan prematurely. Even if you feel your injuries are minor at first, some serious conditions, like internal bleeding or traumatic brain injuries, may not present symptoms right away.

Why gaps in treatment weaken your claim

Insurance companies scrutinize medical records for any inconsistencies. If there are long gaps between your doctor visits or if you stop physical therapy before being medically released, an adjuster will likely argue that your injuries were not severe or that some other event must have caused your pain. This tactic is designed to devalue your claim.

Following medical advice

Following your doctor’s prescribed treatment plan is crucial. Attend every appointment, take all prescribed medications, and participate fully in any recommended therapy. This creates an official, unbroken record that links your injuries directly to the accident and demonstrates your commitment to recovery.

Communication: Who to Talk to and What to Say

Shortly after an accident, you may receive a call from an insurance adjuster representing the at-fault party. This conversation is a critical moment where a simple, well-intentioned statement can be used against you later.

Mistake #2: Giving a Recorded Statement to the Other Party’s Insurer

The adjuster may sound friendly and helpful, claiming they just need to get your side of the story to process the claim. However, you are not obligated to provide a recorded statement. In fact, doing so without consulting an attorney is a significant risk.

The adjuster's true role

The adjuster works for the insurance company, and their primary duty is to protect the company's financial interests. They are trained to ask leading questions designed to get you to downplay your injuries, admit partial fault, or provide information that can be taken out of context.

Insurance adjusters are skilled negotiators who may use specific phrasing to build trust while gathering information that could ultimately harm your claim. Their questions are rarely as simple as they seem.

Here are some common tactics an adjuster might use during a call.

• "We just need a quick recorded statement to get things moving."
• "If you don't mind, let’s get your version of events on the record."
• "We can resolve this much faster if you work with us directly."
• "How are you feeling today? A little better, I hope?"
• "We are accepting liability, so we just need to get some details."

These seemingly innocent phrases are strategically designed to lock you into a story before the full extent of your injuries is known or to get you to make statements that suggest you are recovering quickly. The safest response is to politely decline to provide a statement until you have sought legal counsel.

Preserving the Truth: The Power of Evidence in a Texas Personal Injury Case

A successful personal injury claim is built on a foundation of strong, clear evidence. In the immediate aftermath of an accident, you are in the best position to gather and preserve crucial details that may disappear over time.

Mistake #3: Failing to Document Everything

Do not rely on your memory alone. The stress and trauma of an accident can make it difficult to recall important details later. Document everything you can, as soon as you can. If you are able, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries.

Keeping a pain and recovery journal

Begin keeping a daily journal. This is a powerful tool for documenting how your injuries affect your life. Note your daily pain levels, any physical limitations, sleepless nights, missed work, and appointments with doctors or therapists. 

This personal record helps illustrate the full scope of your suffering. According to research from institutions like the University of Texas at Austin, expressive writing can also be a valuable tool in processing traumatic events.

The Influence of Social Media and Digital Communication

In today's connected world, it is natural to want to share updates with friends and family online. However, after a personal injury accident, your social media accounts can become a source of evidence for the opposing side.

Mistake #4: Posting About Your Accident or Injuries Online

The safest course of action is to refrain from posting anything about your accident, your injuries, or your daily activities on any social media platform. Even changing your privacy settings is not a foolproof protection, as posts can be shared or subpoenaed.

Insurance companies frequently hire investigators to review claimants' public social media profiles. They are searching for any information that contradicts your injury claim.

An investigator will look for specific types of content to use against you.

• Photos or videos showing you engaged in physical activities.
• Posts where you "check in" at a gym, a concert, or on vacation.
• Comments to friends where you say you are "doing fine" or "feeling better."
• Any discussion about the accident itself that might differ from your official report.

An innocent picture of you smiling at a family barbecue might be used to argue that you are not suffering as much as you claim. It is best to assume that everything you post will be seen by the insurance company.

The Financial Aspect of Your Claim

After an accident, you may be facing unexpected medical bills and lost wages, making a quick settlement offer seem very appealing. However, accepting the first offer is almost always a mistake that can leave you with significant uncovered expenses down the road.

Mistake #5: Accepting the First Settlement Offer

Insurance companies often make a low, initial offer to resolve a claim quickly and for the smallest amount possible. They know you are under financial pressure and hope you will accept the offer before you understand the full, long-term cost of your injuries.

Why the first offer is almost always too low

The first offer rarely accounts for future medical needs, such as surgery or ongoing physical therapy. It also fails to adequately address your non-economic damages, like pain and suffering. Once you accept a settlement, you waive your right to pursue any further compensation for that accident, even if your injuries worsen.

The Legal Framework: Texas Laws Every Injured Person Should Know

The legal process for a personal injury claim is governed by specific state laws and deadlines. A lack of awareness of these rules can jeopardize your ability to recover compensation.

Mistake #6: Waiting Too Long to Seek Legal Counsel

Evidence disappears, witness memories fade, and legal deadlines approach quickly. Contacting a personal injury attorney soon after your accident allows them to begin a thorough investigation immediately and take steps to preserve crucial evidence.

Texas's statute of limitations for personal injury

In Texas, the law provides a limited window of time in which to file a lawsuit. According to the Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, a court will almost certainly dismiss your case, regardless of its merit.

The concept of modified comparative fault

Texas follows a "modified comparative fault" rule, also known as the 51% bar rule. This means that you can still pursue compensation even if you were partially at fault for the accident, as long as your share of the blame is 50% or less. However, your final compensation award will be reduced by your percentage of fault.