Avoid These Costly Mistakes in Your Personal Injury Claim

Top Mistakes to Avoid When Filing a Personal Injury Claim in New York

After an accident, most people feel extremely stressed out. You’re hurt, confused, and just trying to get through the day. But if you’re thinking about filing a personal injury claim in New York, it’s important to avoid mistakes that can hurt your chances. Even a small misstep, something that might seem harmless in the moment, can seriously reduce what you recover. Whether your injury happened in a car crash, a fall at a business, or a workplace accident, there are smart steps you can take to protect yourself.

At Horn Wright, LLP, we’ve seen what can go wrong when people try to handle claims on their own. Our New York personal injury attorneys help clients across the state avoid costly errors and maximize their compensation. If you’re feeling overwhelmed, we’re here to take that stress off your shoulders. You focus on getting better, and we’ll focus on justice.

Delay Reporting the Accident

Time matters. In New York, waiting too long to report an accident can put your claim at risk. If you were in a car accident, you’re required by law to file a report within 10 days. In slip and fall cases, notifying the property owner or business right away helps preserve evidence and keeps your version of events on record.

Failing to report can create gaps. Insurers often question why someone waited. That doubt can weaken your claim before it even starts.

Skip Medical Treatment or Ignore Follow-ups

You might feel okay after the accident. Maybe you think you’ll get better on your own. But skipping medical care or ignoring follow-ups can seriously damage your case.

New York’s no-fault insurance rules require early documentation of injury. If you wait, insurers may argue that your injuries aren’t related to the accident. Going to an emergency room at places like NYU Langone or Upstate University Hospital creates a paper trail. Following up with specialists or physical therapists shows consistency.

And more than that, it helps you heal. Treating your injuries early and often gives you the best shot at recovery.

Speak Directly to the Insurance Adjuster

Insurance adjusters seem helpful at first. They might call you quickly after the accident and sound friendly. But remember, they work for the insurance company, not for you.

In New York, adjusters may record your statements. If you downplay your pain or admit partial fault, they can use those words against you later. Even saying something like “I didn’t see the other car” could reduce your compensation. This is one way insurance companies exploit injury victims, especially those trying to handle claims alone.

Let your legal team handle communication. It keeps you protected and helps avoid misunderstandings.

Post About the Accident on Social Media

Social media may feel like a safe space, but it isn’t. Insurance companies in New York routinely monitor public posts. If you’re claiming serious injuries but post a photo walking outside or dining out, your case may take a hit.

Insurance investigators may:

• Take screenshots of your posts
• Look at comments for contradictory info
• Misinterpret images or captions

Even if your profile is private, be careful. Assume anything you share can be used in court.

Miss the Statute of Limitations

New York gives you three years to file most personal injury lawsuits. But some deadlines are much shorter. If a city agency or public transit is involved, you usually have just 90 days to file a notice of claim under General Municipal Law § 50-e.

Miss that window, and your right to recover damages may disappear entirely. This happens more often than you think, especially when people try to settle directly with insurers and don’t realize how fast the clock is ticking.

In cities where public agencies control many services, it’s especially important to know who might be legally responsible.

Accept a Quick Settlement Without Legal Advice

Getting an offer fast might feel like a win. The bills are piling up, and you want closure. But those first settlement offers usually fall far below what your case is worth.

In New York, once you sign a release, you can’t go back. If your injuries worsen or your recovery takes longer, you’re stuck with what you accepted.

Before you sign:

• Add up medical bills and estimate future care
• Consider lost wages or job changes
• Think about long-term pain or limitations

An experienced lawyer can help you calculate these damages accurately. They can also identify future costs you might not think about right away, like long-term therapy or adaptive home equipment. By building a detailed financial picture, your attorney ensures you don’t leave money on the table.

Miscalculate Lost Wages and Future Costs

Many injured people think only about the time they missed right after the accident. But in industries like construction, healthcare, or retail, your ability to return to work may be limited, even long-term. You might need job retraining or face missed promotions. Self-employed individuals may struggle more since they often lack formal documentation to back up income loss.

To strengthen your claim, gather key documents like tax returns, pay stubs, direct deposit records, and employer statements. These details help paint a full picture of your financial impact. Don’t leave future income off the table.

Forget to Track Expenses or Save Records

Injuries cost more than medical bills. Transportation, medication, childcare, and home modifications all add up. In New York, every dollar counts when it comes to proving damages.

Keep everything:

• Ride receipts (Uber, MTA fares)
• Parking costs near hospitals
• Prescription records
• Co-pays and out-of-pocket bills
• Emails related to missed work

Use a simple folder, paper or digital, to track it all. Don’t rely on memory alone.

Choose the Wrong Personal Injury Lawyer

Hiring a lawyer based on flashy ads or billboards isn’t always a wise move. In New York, experience with local courts and insurance companies matters.

The right lawyer will:

• Know the judges and procedures in county courts
• Understand how different insurers operate across the state
• Have real results in personal injury claims like yours

Look at client reviews. Ask about trial experience. Get a feel for how well they explain things.

Exaggerate or Misrepresent Injuries

Honesty is your best asset. If you overstate your pain or fake symptoms, the other side will find out. In New York, defense attorneys often request surveillance footage, review social media, and comb through your records to find contradictions.

Exaggeration doesn’t just weaken your case. It can destroy your credibility in front of a jury or insurance adjuster. Stick to the facts. Let your medical records tell the story.

Assume All Injuries Are Physical

Not all wounds leave bruises. In New York, emotional and psychological injuries can be just as real. Anxiety, PTSD, or depression after a serious accident are common.

You can support these parts of your claim with:

• Therapy notes
• Psychiatric evaluations
• Medication records

Seeking help shows you’re taking recovery seriously. And that matters when it comes to both healing and compensation.

Ignore How Comparative Fault Works in New York

New York follows a pure comparative negligence rule. That means even if you were 80% at fault, you can still recover 20% of your damages. Many people assume if they played a role in the accident, they can’t file a claim. That’s not true.

Examples:

• You tripped on a broken stair while distracted
• You were speeding, but the other driver ran a red light

It’s worth letting an attorney evaluate the details. You might still have a valid case.

Rely Only on Verbal Agreements

Insurance companies won’t honor what isn’t in writing. If someone says, “We’ll cover that,” get it confirmed by email or letter.

In the fast pace of New York, these promises get lost. Later, it becomes a dispute. Keep notes of phone calls, including names, dates, and what was said. Save every letter and email. It might save you thousands later.

File Without Understanding Case Value

Some people ask for too little. Others ask for far more than their case supports. Both mistakes can hurt your credibility.

Value depends on many factors:

• Injury type and severity
• Medical treatment timeline
• Court location
• Liability issues

Knowing what similar cases have settled for in New York can help you aim realistically. A lawyer can help you benchmark your claim.

Get Trusted Help with Your Injury Claim

You don’t have to do this alone. Horn Wright, LLP, helps injured New Yorkers avoid the traps that lower or block compensation. Our attorneys understand the law, the insurers, and what local courts expect. We’re ready to fight for your best outcome, whether that means negotiating a strong settlement or going to trial.

If you’re hurt and unsure what comes next, contact us today and let our team take the pressure off your shoulders so you can focus on healing.