Filing a personal injury claim in New Jersey can be a daunting process, especially if it’s your first time dealing with legal matters. Whether you’ve been in a car accident, experienced a workplace injury, or suffered from a slip and fall, avoiding common mistakes can be the difference between receiving fair compensation and walking away empty-handed.
In this guide, we’ll discuss the top mistakes to avoid to ensure you’re protecting your rights and maximizing your compensation.
1. Delaying Medical Treatment
One of the biggest mistakes people make after an accident is delaying medical care. Even if you feel your injuries are minor, it’s important to seek medical attention immediately. Some injuries, such as concussions or internal damage, may not show symptoms right away but could worsen over time.
Delaying medical treatment can harm your personal injury case because insurance companies may argue that your injuries are not as serious as you claimed or were caused by something other than the accident. Always see a doctor promptly after your accident and follow through with all recommended treatments to ensure proper documentation of your injuries.
2. Failing to Document Evidence
A strong personal injury claim relies on solid evidence. Failing to collect or properly document evidence is a common mistake that can weaken your case. If possible, gather evidence immediately after the accident. This includes:
- Photos and videos of the accident scene, your injuries, and any damage to property.
- Contact information for witnesses who saw what happened.
- A police report or incident report from the scene, if applicable.
Keeping all related documents such as medical records, repair bills, and pay stubs that show lost wages will support your claim for damages.
3. Not Reporting the Accident Immediately
In New Jersey, it’s essential to report the accident to the proper authorities as soon as possible. If you were involved in a car accident, you are legally required to notify the police. For workplace injuries, you must report the incident to your employer right away.
Failing to report the accident in a timely manner can hurt your claim. Insurance companies may deny your claim or argue that the accident didn’t happen as you described. To protect yourself, always file a report and obtain a copy for your records.
4. Giving Statements Without Legal Advice
After an accident, you may be contacted by the at-fault party’s insurance company. While you may feel pressured to give a statement, it’s critical to avoid doing so before consulting with a personal injury lawyer.
Insurance adjusters are trained to ask leading questions that can later be used to reduce or deny your claim. Statements made in the heat of the moment could be misinterpreted. Even minor inconsistencies can be used against you. Let your lawyer handle all communication with the insurance company to ensure your rights are protected.
5. Admitting Fault
In the aftermath of an accident, it’s natural to want to apologize, but admitting fault—either to the other party, witnesses, or insurance adjusters—can seriously jeopardize your personal injury case. New Jersey follows a modified comparative negligence rule, meaning you can’t collect compensation if your share of the damages is greater than the other driver.
Avoid making any statements, verbal or written, that could be interpreted as an admission of guilt. Even casual remarks like “I didn’t see the car coming” or “I could have been more careful” can harm your claim.
6. Settling Too Quickly
After an accident, the financial pressures of medical bills and lost wages can be overwhelming. It’s tempting to accept the first settlement offer from the insurance company to get quick relief, but this can be a costly mistake.
Initial settlement offers are often much lower than what you deserve. Once you accept a settlement, you waive your right to pursue additional compensation, even if your injuries worsen or additional expenses arise. Before accepting any offer, consult with a personal injury lawyer who can evaluate whether the settlement is fair and advocate for a higher amount if necessary.
7. Misunderstanding the Statute of Limitations
In New Jersey, you have a limited time to file a personal injury lawsuit. The statute of limitations is generally two years from the date of the injury. If you miss this deadline, you could lose your right to seek compensation entirely.
While two years may seem like a long time, it’s important to act quickly. Waiting too long to file your claim can result in lost evidence, faded memories, and witnesses who are difficult to locate. Start the process as soon as possible to ensure your lawyer has time to build a strong case.
8. Not Hiring a Personal Injury Lawyer
Attempting to handle a personal injury case on your own can be overwhelming, especially when dealing with insurance companies and legal deadlines. Many people make the mistake of thinking they can manage the process without a lawyer, only to find themselves settling for far less than they deserve or having their claim denied altogether.
A personal injury lawyer has the experience and knowledge necessary to negotiate with insurance companies, gather evidence, and represent your interests in court if needed. They can guide you through the legal process, ensuring your rights are protected and helping you secure the maximum compensation for your injuries.
9. Overlooking Long-Term Damages
When calculating damages, it’s easy to focus on immediate medical bills and property damage. However, personal injury claims should take into account long-term damages such as:
- Ongoing medical treatments
- Future loss of income due to reduced work capacity
- Pain and suffering
- Emotional distress
A lawyer can help you assess the full impact of your injuries and ensure that your claim reflects both current and future losses. Without proper legal guidance, you risk settling for less than you might need, leaving you vulnerable to financial hardship down the line.
10. Posting on Social Media
In today’s digital age, social media can play a surprising role in personal injury cases. Insurance companies and defense attorneys often monitor claimants’ social media accounts for evidence that could undermine their claim.
Posting photos, updates, or comments about your accident or your recovery can be taken out of context and used against you. Even seemingly innocent posts can be used to argue that your injuries aren’t as severe as you claim. To protect your case, it’s best to avoid discussing the accident or your injuries on social media until your claim is resolved.
Contact Corradino & Papa to File a Personal Injury Claim in New Jersey
If you’ve been injured due to someone else’s negligence in New Jersey, don’t make the mistakes that could cost you your rightful compensation. Corradino & Papa is here to help you navigate the legal process, avoid common pitfalls, and maximize your settlement.
For immediate legal assistance in and around Clifton, Rutherford, and Little Falls, call us at
973-381-1706 or fill out our secure contact form. Let us help you secure the compensation you’re seeking so you can focus on your recovery.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.