5 Common Mistakes That Can Harm Your Personal Injury Claim

Avoid These Costly Errors and Protect Your Right to Compensation

What mistakes should I avoid after a personal injury?

Many personal injury claims are weakened by avoidable mistakes such as delaying medical care, failing to preserve evidence, or leaving it too long to lodge a claim.

If you've been injured because someone else was negligent, in a car accident, at work, or in another place such as a cinema, you may be entitled to injury compensation. But even strong compensation claims can be weakened by simple, avoidable mistakes.

As a trusted specialist personal injury solicitor serving clients across Cheshire and the North West, Gavin Edmondson Solicitors helps clients every day who didn't know that one wrong move could jeopardise their claim.

To help you protect your rights and maximise your compensation, here are five common mistakes that could seriously harm your personal injury claim, and how to avoid them:

1. Delaying Medical Treatment

A common mistake injury victims make is waiting too long to seek medical care. Whether you're trying to "tough it out" or hope the pain will go away, delaying treatment sends the wrong message to insurance companies.

Why it matters: Insurers often argue that delayed treatment means you weren't hurt, or that something else caused your injuries.

What to do instead: Always seek prompt medical attention, even if your injuries seem minor. Follow all treatment recommendations and keep records of every appointment. Victims have to mitigate their losses. In other words, you must take reasonable steps to aid your recovery and prevent further harm.

2. Not Preserving Evidence

After an accident, evidence can quickly disappear. Skid marks fade, witnesses forget, and property is either repaired or discarded.

Why it matters: The strength of your claim often depends on the quality of the evidence. Photos, videos, witness statements, and physical items can all support your case.

What to do instead: Take photos at the scene and collect contact details from witnesses. Make sure you keep any damaged items, such as torn clothing or broken equipment. The more evidence you have, the stronger your case will be.

3. Not keeping an accurate account of your injuries

Ensure that you keep accurate records of your injuries and report all of your injuries to the Doctor or hospital. We have seen cases where clients have only reported their most serious injuries when attending the hospital or their GP. These are the injuries that may be bothering them the most in the first instance or on an ongoing basis, such as pain. Many clients fail to account for the psychological anguish or milder injuries that they also experience, believing these not to be as important.

Additionally, we see many cases where medical notes are not accurate and are subsequently disputed at trial. With this in mind, it is important to make sure that simple details like whether your injury was to your left or right hand are correct; because small inaccuracies like this can cause big issues in your case. Occasionally, a doctor can incorrectly record the facts in the medical records – which can cause problems for client. This means it’s paramount to ensure you accurately explain your injuries to any practitioners you see to reduce the likelihood of this happening.

Why it matters: Insurance companies will scrutinise medical records, treatment timelines, and symptom descriptions. If your account is vague, inconsistent, or there are aspects of your injuries missing altogether, it can weaken your case or reduce the amount of compensation awarded.

What to do instead: Maintain a personal injury journal from the outset. Record your symptoms, pain levels, mobility issues, emotional impact, and how the injury affects your work, daily routine, and social life. Save all correspondence with medical professionals, and keep receipts for any related expenses. This detailed record helps your solicitor build a stronger case and ensures nothing is overlooked.

4. Waiting Too Long to Commence Your Claim

It is essential to consider timeframes in personal injury claims. The time limit for you to bring about a claim in the UK is 3 years from the date the accident happened, or when you became aware of your injuries. The claims process takes time, and waiting too long can introduce time pressures that can make things more difficult and potentially seriously jeopardise your case.

Why it matters: If you miss the limitation deadline, you could lose your right to claim altogether, even if you are seriously hurt and clearly not at fault.

What to do instead: Speak to a personal injury lawyer as soon as possible after your accident. Early legal advice can help preserve key evidence, ensure all losses are accounted for, and ensure your claim is submitted on time.

5. Not Hiring a Personal Injury Solicitor

Many people try to handle their claim on their own, especially if the insurance company is offering a quick settlement. However, going it alone can be costly, confusing and stressful for you.

Why it matters: Insurers have experienced lawyers on their side. Without the expert advice of legal representation, you risk accepting a settlement that's far below what your case is truly worth.

What to do instead: Consult with a trusted personal injury lawyer as soon as possible. Having an experienced professional on your side levels the playing field. Most offer free consultations, and you don't pay unless they win your case. Enlisting the help of a solicitor takes the stress out of the process. You benefit from a wealth of legal knowledge and greater chances of maximising the amount of compensation you receive.

Don't Let a Mistake Derail Your Case

Apply the above best practice tips to avoid common pitfalls and maximise your case's chances of success.

If you've been injured due to someone else's negligence, our team at Gavin Edmondson Solicitors is here to help. We offer a free consultation and work on a No Win No Fee basis - so you don't pay anything unless we win.

Frequently Asked Questions