Mistakes to Avoid in Personal Injury Claims: A Guide for New Jersey Residents

When you’re dealing with the aftermath of a personal injury, the stress and confusion can be overwhelming. If you’re considering filing a personal injury claim, it’s crucial to avoid common mistakes that could jeopardize your chances of receiving fair compensation. Rosengard Law Group is committed to helping New Jersey residents understand the process and protect their rights.

1. Failing to Document or Maintain Evidence

One of the most critical aspects of any personal injury claim is evidence. Without strong evidence, your claim may be dismissed or significantly undervalued.

Why it Matters: Evidence supports your version of events and proves the other party’s negligence. Photographs, videos, medical records, and witness statements all play a role in strengthening your case.

Action Steps:

• Take photos and videos of the accident scene, property damage, and visible injuries.
• Secure witness statements as soon as possible while their memories are fresh.
• Preserve all medical records and bills related to your injury.
• Keep a personal injury journal documenting your pain, emotional distress, and recovery timeline.

Failing to gather and maintain evidence can make it difficult for your attorney to prove fault, causation, and damages.

2. Failing to Follow Medical Advice

After an injury, it’s natural to want to resume your daily routine. However, ignoring your doctor’s advice can seriously affect your claim.

Why it Matters: Insurance companies often argue that a failure to follow medical advice shows that your injuries weren’t severe. This can reduce the amount of compensation you’re entitled to receive.

Action Steps:

• Attend all follow-up appointments and complete any recommended treatments.
• Follow prescribed therapies such as physical therapy or rehabilitation sessions.
• Document your recovery process and any ongoing pain or limitations you experience.

Ignoring medical advice can give insurance companies a reason to dispute your claim. Stay consistent with your treatment plan.

3. Filing After the Statute of Limitations

New Jersey’s statute of limitations for personal injury claims is two years from the date of injury, as outlined in N.J. Stat. §2A:14-2.

Why it Matters: If you miss this deadline, you forfeit your right to file a lawsuit and seek compensation, no matter how strong your case is.

Action Steps:

• Contact a personal injury lawyer immediately to ensure your claim is filed on time.
• Understand that the clock starts ticking from the date of the injury.
• Don’t delay the process — the sooner you act, the better your chances of success.

Exceptions to this rule are rare and limited to cases where the injury was not immediately discoverable, such as certain medical malpractice claims. If you’re unsure whether you’re within the deadline, seek legal advice as soon as possible.

4. Waiting Too Long to File a Claim

Even though New Jersey’s statute of limitations allows two years to file a claim, waiting too long to take action can be costly.

Why it Matters: Evidence may disappear, memories may fade, and witnesses may become harder to locate. Waiting also gives the insurance company more time to build a defense.

Action Steps:

• Consult with an attorney early to begin gathering evidence.
• Act quickly to collect records from police, hospitals, and other key sources.
• File your claim promptly to maintain leverage during settlement negotiations.

The earlier you get started, the stronger your case will be.

5. Posting on Social Media About the Accident

Social media can be a double-edged sword in a personal injury claim. While you may want to update friends and family, your posts can be used against you.

Why it Matters: Insurance adjusters and defense attorneys may monitor your social media activity to find evidence that contradicts your claims. This is demonstrated in the notable case of Gatto v. United Air Lines, Inc., where deleting his Facebook account was used to challenge the plaintiff’s claims.

Action Steps:

• Avoid posting about the accident or your injuries on social media.
• Don’t share photos or videos that show you engaging in activities that are inconsistent with your injury claims.
• Ask friends and family to avoid tagging you in posts or photos.

Even seemingly innocent posts can be misinterpreted. For example, an insurer might argue that you’re not in pain if you’re seen smiling in a photo.

6. Settling Without Consulting a Lawyer

Insurance companies often present quick settlement offers to injury victims. While accepting may be tempting, it’s rarely in your best interest.

Why it Matters: Early settlement offers are often much lower than what you’re entitled to receive. Once you accept an offer, you waive your right to seek further compensation.

Action Steps:

• Consult with a personal injury attorney before accepting any offer.
• Calculate your full damages — medical bills, lost wages, pain and suffering, and future care costs.
• Be patient and let your attorney negotiate for maximum compensation.

Final Thoughts

Avoiding these mistakes can significantly improve your chances of receiving fair compensation. Whether it’s documenting evidence, following medical advice, or seeking legal guidance, each step you take plays a critical role in the outcome of your case.

If you’re navigating a personal injury claim in New Jersey, Rosengard Law Group is here to help. Our experienced attorneys will guide you every step of the way, ensuring you don’t fall victim to these common mistakes. Contact us today for a free consultation to discuss your case.