At The Vance Law Firm Injury Lawyers, we work hard to give our clients as much peace of mind as possible after their injuries. That means taking on as much of the legal burden as possible so they can focus on healing.
However, it’s important for injured people in Montgomery to know that there are a few things they should—and should not—do after an injury to protect their health and right to compensation. By avoiding these mistakes, they can set themselves and their lawyers up for the greatest possible chance of success at the negotiation table or in the courtroom.
Keep reading to learn these seven common mistakes, and contact us anytime for a free consultation of your case. We’ll review the facts of what happened and set you on a path towards the compensation you deserve.
One of the most damaging mistakes an injured person can make is admitting fault, even casually or unintentionally. This can happen in many ways, whether it’s at the accident scene, during conversations with police, while speaking to doctors, or when talking with insurance adjusters.
In Alabama, this mistake is especially dangerous because of the state’s contributory negligence rule. If you are found to be even partially responsible for an accident, you may be barred from recovering compensation altogether.
People often apologize out of politeness or shock, saying things like:
These statements can later be used against you, even if they don’t accurately reflect what happened. The safest approach is to stick to the facts, cooperate with authorities, and avoid speculating or assigning blame. Let your attorney investigate the incident and determine how liability should be addressed.
Using social media is a normal part of life for many people, but after an injury, it can quickly become a liability. Insurance companies and defense attorneys routinely monitor social media accounts for posts they can use to undermine injury claims.
Even seemingly harmless posts like photos, check-ins, or casual comments can be taken out of context. For example:
It’s important to note that privacy settings and a “locked down” profile don’t necessarily protect you. Content you post or are tagged in may still be discoverable or obtained through others.
Avoid posting anything related to your accident, injuries, recovery, or physical activities while your claim is pending. The Vance Law Firm can give you clear guidance on how to protect yourself online during your case.
Honesty and consistency are extremely important in any personal injury claim. Exaggerating your injuries can jeopardize your case, and so can downplaying them. It’s important to be honest about exactly how they’re impacting your life throughout every stage of your claim.
Some people minimize their pain because they don’t want to complain, don’t realize the seriousness of their injuries, or hope the pain will go away. Others may unintentionally overstate symptoms out of fear or frustration.
Both can create problems because:
Insurance companies look for inconsistencies between what you say, what doctors document, and what surveillance or social media may show. Once credibility is damaged, it’s difficult to repair. The best approach is to be truthful, specific, and consistent when describing your symptoms and limitations both to medical providers and your legal team.
After an injury that wasn’t your fault, getting medical treatment isn’t just about healing. It’s also essential documentation for your injury claim. Missing appointments, delaying treatment, or failing to follow medical advice can significantly weaken your case at the negotiation table or in court.
When there are gaps in treatment, insurance companies may argue:
Even if you feel some improvement, it’s important to attend all scheduled appointments and follow your doctor’s recommendations. If you’re unable to attend an appointment, communicate with your medical provider and your lawyer to discuss why and to create plans for alternative treatment.
In Alabama, injury claims are subject to a statute of limitations of two years from the date the injury occurred. If that deadline passes, you may permanently lose your right to seek compensation, no matter how strong your case is.
In addition to legally losing the right to file a claim or pursue compensation, waiting too long to act can also mean:
Many people wait because they believe the insurance company will “do the right thing” or because they want to see how bad their injuries really are. Unfortunately, by the time they seek legal help, critical opportunities may already be gone.
Speaking with a Montgomery personal injury lawyer early allows your legal team to protect evidence, manage communications, and build your case properly from the start.
Insurance adjusters may seem friendly and helpful, but their job is to minimize payouts, not protect your interests or right to compensation. Anything you say to an insurance adjuster can and probably will be used against you.
Common tactics insurance adjusters use when speaking to claimants include:
Even innocent statements can be misinterpreted or taken out of context. Once you have legal representation, you should direct all insurance communications to your lawyer. Doing this protects you from manipulation and ensures your rights are preserved throughout the claims process.
After an accident, a settlement offer, especially an early one when you need money right away for car repairs, medical bills, and lost wages, can be extremely tempting.
However, early settlement offers are often far lower than what a claim is truly worth. Once you accept a settlement and sign a release, you typically give up the right to seek additional compensation even if your condition worsens or future treatment becomes necessary.
An experienced personal injury lawyer can evaluate whether a settlement offer fairly reflects your:
Check out some of the verdicts and settlements we’ve achieved for past clients here.
At The Vance Law Firm, we help injured people in Montgomery and throughout Alabama avoid these costly mistakes every day. Our role is to guide you, protect you, and advocate for you at every stage of your case.
You can count on us to:
Our goal is to reduce your stress, provide peace of mind, and allow you to focus on healing. Here’s what one recent client had to say:
“The entire Vance team has been an absolute pleasure to work with. Raevyn and Amber are truly the best in the business. They are professional, compassionate, and always on top of every detail. The attorneys at The Vance Law Firm are unmatched in their skill and commitment to their clients. Highly recommend!” -Alex Sallas
If you’ve been injured in an accident, what you do next matters. Avoiding common mistakes can make a significant difference in the outcome of your claim, and having the right legal team can help ensure your rights are protected throughout every step of the process.
At The Vance Law Firm, we proudly serve Montgomery and communities throughout Alabama with knowledgeable and compassionate personal injury representation. Contact us today to schedule your free consultation. Let us help you protect your claim, your recovery, and your future.