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When you’ve been injured due to someone else’s negligence, filing a personal injury claim can help you recover the compensation you deserve. However, the legal process is full of pitfalls that can weaken your case or even lead to a complete loss of compensation. Many people make simple but costly mistakes that damage their claims, often without even realizing it.

Michael DeMayo, a seasoned attorney in personal injury law, has seen firsthand how small missteps can significantly impact a case. If you’re in the middle of a claim or thinking about filing one, understanding these common mistakes can make the difference between a successful outcome and a frustrating loss.

Delaying Medical Treatment

One of the biggest mistakes you can make after an accident is waiting too long to seek medical attention. Insurance companies are quick to argue that if you didn’t seek immediate care, your injuries must not have been serious. Even if you feel fine right after the accident, some injuries take time to manifest. Failing to see a doctor not only puts your health at risk but also gives the opposing party ammunition to downplay your claim.

Michael DeMayo always emphasizes the importance of proper medical documentation. A thorough medical record is crucial for proving the severity of your injuries and establishing a direct connection between the accident and your condition. Without it, your claim becomes vulnerable to disputes.

Talking Too Much to the Insurance Company

After an accident, you might feel pressured to give a recorded statement to the insurance company. While they may seem friendly and concerned, their goal is not to help you—it’s to protect their bottom line. Insurance adjusters are trained to get you to say things that could be used against you later.

A simple statement like "I feel fine" can be twisted to suggest you weren’t actually injured. Michael DeMayo advises clients to avoid discussing details of the accident with insurance companies without consulting an attorney first. Instead, let your lawyer handle communications to prevent any misinterpretation of your words.

Posting on Social Media

In today’s digital age, sharing updates on social media is second nature. However, posting about your accident, injuries, or daily activities can be a costly mistake. Insurance companies and defense attorneys often monitor social media accounts to find evidence that can undermine your claim.

For instance, if you post a picture of yourself smiling at a gathering, they might argue that your injuries aren’t as serious as you claim. Even something as simple as checking into a restaurant can be used to question your pain and suffering. ​Michael DeMayo Charlotte NC​ strongly advises clients to stay off social media until their case is resolved.

Ignoring Doctor’s Orders

Following your doctor’s treatment plan is not just important for your health—it’s also crucial for your case. If you skip physical therapy sessions or fail to take prescribed medications, the opposing party may argue that you’re not truly injured or that you’re not doing everything possible to recover.

Insurance companies use gaps in treatment as an excuse to reduce or deny compensation. Michael DeMayo stresses the importance of following all medical recommendations and keeping detailed records of your treatment. This ensures there is a clear and consistent history of your injury and recovery process.

Accepting a Quick Settlement

It’s tempting to accept an early settlement offer, especially when medical bills are piling up. However, insurance companies often offer lowball settlements hoping that accident victims will take the money and move on. The problem is, once you accept a settlement, you waive your right to pursue additional compensation—even if your injuries turn out to be worse than you initially thought.

Michael DeMayo warns against accepting any settlement without consulting an attorney. A legal professional can evaluate whether the offer truly covers your medical expenses, lost wages, and long-term suffering. In many cases, victims who accept quick settlements end up regretting their decision when unexpected complications arise.

Not Hiring an Experienced Attorney

Many people believe they can handle a personal injury claim on their own, but the legal system is complex, and insurance companies have teams of lawyers working against you. Without professional legal representation, you risk making critical mistakes that could cost you thousands of dollars in compensation.

Michael DeMayo and his team have extensive experience handling personal injury cases and fighting for fair settlements. Having an attorney by your side ensures that your case is handled properly, your rights are protected, and you get the best possible outcome.

Providing Inconsistent Statements

Your credibility plays a major role in your personal injury case. If your statements about the accident change over time, insurance companies will use that inconsistency to question your honesty. Whether it’s your testimony, medical records, or statements to the police, everything needs to be consistent.

Michael DeMayo advises clients to be truthful and careful when discussing their case. Any contradictions—intentional or not—can be used against you. Keeping detailed notes about what happened and consulting with your attorney before making any statements can help ensure your account remains consistent.

Waiting Too Long to File a Claim

Every state has a statute of limitations for personal injury cases, meaning there is a deadline for filing a lawsuit. If you wait too long, you may lose your right to seek compensation altogether. Many accident victims assume they have plenty of time, only to realize too late that they’ve missed the window for legal action.

Michael DeMayo urges victims to take action as soon as possible. Not only does filing early ensure you meet the legal deadlines, but it also allows for stronger evidence collection while details are still fresh. The sooner you start the process, the better your chances of a successful claim.

Conclusion

Filing a personal injury claim is not just about proving that you were injured—it’s about avoiding mistakes that can weaken your case. From delaying medical treatment to accepting an unfair settlement, even small missteps can cost you valuable compensation.

Michael DeMayo has built a strong reputation for helping clients navigate these challenges and maximize their claims. If you’ve been injured and need legal guidance, taking the right steps from the beginning can make all the difference. Don’t let simple mistakes jeopardize your case—seek professional help and protect your right to fair compensation.