If you've been injured in an accident, filing a personal injury claim is often the only way to recover the compensation you need for medical bills, lost income, and long-term recovery. But too many people make avoidable mistakes that can weaken—or destroy—their case.
At Kemp Law, we want you to know what to do, but just as importantly, what not to do. Here's a breakdown of people's most common missteps after an accident—and how you can avoid them to protect your rights and financial future.
1. Delaying Medical Treatment
One of the biggest mistakes injured victims make is waiting too long to seek medical care. Even if you feel okay after the accident, symptoms like pain, dizziness, or stiffness can take hours or days to appear. Insurance companies often use a delay in treatment to argue that your injuries aren't serious, or weren't caused by the accident.
How to avoid it: Always get checked out by a doctor as soon as possible. Follow through with recommended treatments and attend all follow-up appointments. Your medical records are crucial evidence for your case.
2. Not Reporting the Accident
Failing to report your accident—a car crash, slip and fall, or other injury—can seriously damage your claim. Insurance companies and courts rely on formal documentation, like police and incident reports, to verify what happened.
How to avoid it: Always report the accident to the appropriate authority right away. For car accidents, that means calling law enforcement. For other injuries, immediately notify the property owner, employer, or business manager and request a written report.
3. Admitting Fault at the Scene
In the chaos after an accident, it's natural to want to apologize or take some responsibility—even if you're not sure what happened. Unfortunately, anything you say can be used against you by insurance adjusters or opposing attorneys.
How to avoid it: Stay calm and stick to the facts. Don't admit fault, speculate about causes, or downplay your injuries. Just focus on getting help and documenting the scene.
4. Talking to the Insurance Company Without a Lawyer
Insurance adjusters may sound helpful, but their job is to protect the company's bottom line, not your best interests. Giving a recorded statement or accepting a quick settlement without legal advice can result in far less compensation than you deserve.
How to avoid it: Let an experienced personal injury attorney communicate with the insurance company on your behalf. At Kemp Law, we know their tactics and how to counter them.
5. Posting on Social Media
What you post online can come back to hurt your case. A simple photo or status update can be taken out of context and used to question the severity of your injuries or suggest you're not as hurt as you claim.
How to avoid it: Avoid posting about the accident, your injuries, or your recovery on social media. Ask your friends and family to do the same. It's better to be cautious until your case is resolved.
6. Waiting Too Long to File a Claim
Florida law limits the time you have to file a personal injury lawsuit. Under the updated statute of limitations, you must file most personal injury claims two years from the accident date. Waiting too long could mean losing your right to seek compensation altogether.
How to avoid it: Don't wait to speak with an attorney. The sooner you act, the better your chances of building a strong, well-documented case.
Let Kemp Law Help You Avoid Costly Mistakes
At Kemp Law, we've seen firsthand how avoidable errors derail otherwise strong cases. That's why we're committed to guiding our clients from day one—handling communication, protecting your rights, and ensuring every step is taken carefully.
If you've been injured, don't try to handle it all alone. Let us help you avoid the traps that insurance companies set and fight for the compensation you need to move forward.
Injured? Make the Right Moves. Contact Kemp Law Today.
