If You Have a Personal Injury Claim, Avoid Making These Common Mistakes.

Personal Injury

Every year, in fact every day, people are injured through the negligence of another. Car accidents, work injuries, defective products, slips and falls, medical malpractice—the myriad ways in which accidents happen and people get injured is seemingly endless.

Unfortunately, it is also true that quite often after the accident, the accident victim will make some mistakes that negatively impact their personal injury claim.

Many times, these mistakes can prevent a personal injury victim from receiving full compensation for his/her injuries.

In today’s post, we will discuss some of the more common mistakes that you will want to avoid making if you have a personal injury claim.

Waiting Too Long to File a Personal Injury Claim

One common mistake people make when it comes to their personal injury claim is waiting too long to file their claim.

If you have been injured through the negligence of another, it is essential that you speak with an experienced personal injury attorney in the state where you live and that you do so right away.


Because each state in the union has its own statute of limitations governing personal injury actions. In Georgia, for example, with minor exceptions, the statute of limitations is 2 years from the date of the injury.

If you fail to file your action within the 2-year timeframe, you will be barred from bringing your action. Again, there may be some exceptions to this, so be sure to speak with an experienced personal injury attorney about your particular situation. However, generally speaking, you don’t want to “sit on your rights,” because if you miss the deadline, you will not be able to file a legal action in court.

Refusing Medical Attention at the Scene, Not Seeking Medical Attention Later,  Not Following the Doctor’s Orders, or All of  the Above

This next common mistake can actually be three separate mistakes that people make all the time—especially in car accident cases.

If the police are called to the scene, it is a serious mistake to refuse medical attention when you are experiencing pain, or to tell the police officer that you are “fine” or “not hurt”—when you actually are, or if you do not actually know whether or not you are injured.


Because it will be on record (in the police report) that you are not injured.

Keep in mind that immediately after a car accident you may not actually know whether you are injured or not. Sometimes it can take days for injuries to present.

Which is why you should always seek medical attention: either at the scene or immediately after if need be.

Failing to seek medical attention, or not following a doctor’s prescribed treatment plan if you have sought medical attention, can prevent you from getting fully compensated for your injuries.


Because if you don’t seek medical care or you don’t follow the doctor’s orders, no one ——not the judge, not the jury, and certainly not the insurance company —is going to believe that you were injured, or that your injuries were serious.

What they will believe is that if you were indeed seriously injured, you would have sought medical attention and you would have followed the doctor’s orders.

So, telling the police you are not injured when you are, or failing to seek medical care, or not following doctor’s orders, are all mistakes you do not want to make.

Talking Too Much and To the Wrong People

Another common mistake that can prevent you from receiving full compensation (or in some cases, any compensation at all) for your injuries is talking about your case with someone other than your attorney.

This is not to say that you should not exchange information with the other driver if you are in a car accident, for example, or the police, —you should.

What you should NOT do, however, is get into an argument with the other driver about who caused the accident, or admit you were not paying attention, etc., etc.

If your injury was caused by something other than a car accident, again, for example, a slip and fall, again, except for relaying the facts when necessary you should not talk about it with the other person involved or with their insurance company’s representative.

Why not?

Because you simply do not know what admissions you may be making that could hurt your case. Instead, seek the advice of experienced personal injury counsel and talk to your lawyer.


Personal Injury Attorneys in Cumming, Georgia. 

The personal injury attorneys at the Law Offices of Mark Weinstein, P.C., are here to help you. We serve clients in Atlanta, and in several counties throughout Georgia, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others.  To find out how we can help you, call us at: 770-888-7707. Or contact us here.

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