Avoid These Common Mistakes After an Injury – Advice from a Philly Lawyer

Suffering an injury (whether from a car accident, a slip and fall, a workplace incident, or another unexpected event) can turn your life upside down in seconds. While your focus should rightly be on healing, it’s just as important to avoid making decisions that could hurt your ability to seek justice and fair compensation later.

At Edelstein Martin & Nelson, we've seen far too many injury victims in Philadelphia make innocent mistakes that weaken their legal claims. Don’t let that be you.

Here are some of the most common post-injury mistakes and what you should do instead to protect your rights, your health, and your future.

Mistake #1: Not Getting Medical Attention Right Away

Even if you feel “okay” after an accident, failing to seek medical attention is one of the biggest missteps you can make. Some injuries (like internal bleeding, concussions, and soft tissue damage) aren’t immediately obvious. Don’t underestimate them. 

Why it matters:

• Delaying treatment gives insurance companies an excuse to say you weren’t really hurt.
• It weakens the connection between the accident and your injury.
• It could put your long-term health at risk.

What to do instead: Always see a doctor or go to the ER as soon as possible. Follow their treatment plan closely and attend all follow-up appointments.

Mistake #2: Talking to Insurance Companies Without Legal Guidance

You may get a friendly call from an insurance adjuster asking for a statement. It might seem harmless, but insurance companies are not on your side. Their goal is to pay as little as possible or deny your claim entirely. They may even offer a quick settlement that usually doesn’t reflect the true extent of your damages.

They may:

• Twist your words to downplay your injuries
• Pressure you into admitting fault
• Offer a lowball settlement before you know the full extent of your damages

What to do instead: Politely decline to give a recorded statement and speak to a personal injury lawyer first. A good attorney will deal with the insurance companies on your behalf.

Mistake #3: Admitting Fault or Downplaying the Incident

In the chaos following an accident, it’s natural to say things like:

• “I didn’t see them coming.”
• “I’m sorry.”
• “It’s not a big deal.”

Unfortunately, these innocent comments can come back to bite you. While it’s natural to want to apologize, know that anything you say could be used to argue that you were partially or fully responsible.

What to do instead: Stick to the facts. Don’t speculate, apologize, or guess what happened. Let the investigation determine the truth.

Mistake #4: Not Collecting Evidence at the Scene

Photos, witness contact info, and even your observations are crucial evidence. But many people are too shaken up (or simply don’t realize how important this step is) until it’s too late.

What to do instead: If you’re physically able, take photos of:

• The accident scene
• Vehicle damage or hazardous conditions
• Your injuries
• Any nearby signage, skid marks, or debris

Also, write down the names and phone numbers of witnesses and make a note of any surveillance cameras nearby.

Mistake #5: Posting on Social Media

We get it, you're in pain, you're frustrated, and you want to update friends and family. However, social media is one of the first places insurance adjusters and opposing attorneys look for ways to discredit your claim.

They may use your posts to argue:

• You’re not as injured as you say
• You’re enjoying life too much to be suffering
• You’re behaving in a way that contradicts your doctor’s orders

What to do instead: Stay off social media or keep it strictly private. Avoid posting about your accident, your recovery, or anything that could be misinterpreted.

Mistake #6: Waiting Too Long to Speak to a Lawyer

Some people assume they can handle their claim alone, or they wait until problems arise. Others think hiring a lawyer will cost too much. But time is not on your side. Evidence fades, witnesses forget, and legal deadlines approach quickly.

In Pennsylvania, the statute of limitations for personal injury claims is generally two years from the date of the incident. But depending on your case, there may be shorter deadlines, especially if a government entity is involved.

What to do instead: Reach out to a trusted Philadelphia personal injury lawyer as soon as possible. Most firms, including ours, offer free consultations, so there’s no risk in exploring your options.

Mistake #7: Accepting the First Settlement Offer

When bills are piling up and you’re missing work, that first settlement offer might look tempting. But accepting it without knowing the true value of your case can leave you covering future expenses out of pocket.

Once you accept a settlement, you typically give up your right to pursue more compensation, even if your injuries turn out to be more serious than expected.

What to do instead: Let your lawyer handle negotiations. A skilled attorney will evaluate your current and future damages to make sure any offer reflects what you truly deserve.

Mistake #8: Thinking You Don’t Have a Case

If your injury was minor or you blame yourself, you might assume you don’t have a legal case. However, Pennsylvania has comparative negligence laws, meaning that even if you were partly at fault, you could still recover damages (as long as you’re less than 51% responsible).

Also, injuries that seem minor at first can become chronic or costly down the road.

What to do instead: Get a professional opinion. A free consultation with a personal injury attorney will help you understand your rights and whether it’s worth pursuing a claim.

We’re Here to Help

With decades of combined experience in Philadelphia personal injury law, Edelstein Martin & Nelson has helped thousands of people recover compensation after life-altering injuries. We know how overwhelming this process can be, and we’re here to guide you every step of the way.

We offer:

• Free, no-obligation consultations
• Contingency-based fees, you don’t pay unless we win
• Personalized, compassionate legal representation
• A deep understanding of Pennsylvania’s legal system

Contact a Philadelphia Personal Injury Lawyer

The hours and days after an accident are critical, and you don’t have to navigate them alone. Avoiding the mistakes above can make a huge difference in the outcome of your claim.

If you need a personal injury lawyer to advocate for you, call us to receive a free consultation at 888-208-1810. 

We’ll evaluate your injury claim and let you know how we can help.