5 Biggest Rochester Personal Injury Case Mistakes 

Accidents can turn your life upside down in a heartbeat. One moment, you're driving along the streets of Rochester; the next, you're facing injuries, mounting medical bills, and a whirlwind of emotions. It's overwhelming, to say the least. When that happens, you need to avoid certain pitfalls that could jeopardize your personal injury claim.  

At Horn Wright, LLP, our Rochester personal injury attorneys understand how difficult this time can be for you and your loved ones. Our experienced injury attorneys have helped countless clients in Rochester fight for the compensation they deserve. Whether you're dealing with medical expenses, lost wages, or pain and suffering, you deserve having one of the best law firms in America at your side. 

Insurance Companies Hope You'll Make These Errors—Don't Fall for It! 

Insurance companies are in the business of minimizing payouts. They have teams trained to find ways to reduce or deny your claim. By being aware of the common mistakes claimants make, you can protect yourself and ensure you receive the compensation you deserve. 

Failing to Seek Medical Attention Right Away 

After an accident, you might feel shaken but think you're uninjured. Maybe it's just the adrenaline masking the pain. However, some injuries aren't immediately apparent. Many require undergoing an MRI to fully diagnose. Delaying medical care can not only worsen your condition but also harm your claim. Insurance adjusters will try to argue your injuries aren't severe or weren't caused by the accident. 

Imagine you're driving down Monroe Avenue and suddenly another car runs a red light at the intersection with Alexander Street and collides with yours. You feel a bit sore but decide to go home and rest. Days later, the pain intensifies, and a doctor diagnoses you with a concussion and whiplash. Because you didn't seek immediate medical attention, the insurance company will absolutely question the severity and cause of your injuries. 

The Risks of Delayed Medical Treatment 

Failing to see a doctor right away doesn't just hurt your health. It also weakens your claim. Medical records serve as the main evidence in a personal injury case, linking your injuries directly to the accident. If there’s a gap between the incident and your first doctor’s visit, insurers may argue that something else caused your injuries. The longer you wait, the harder it becomes to prove your case. 

If you’re worried about costs, remember that in some personal injury cases like car accidents there is insurance designed to pay for your medical bills.  As an alternative, many healthcare providers may work with you on payment arrangements until your claim is resolved. 

Not Keeping Proper Documentation of Your Injuries 

Documentation is your best ally in a personal injury case. Without it, proving the extent of your injuries and their impact on your life becomes an uphill battle. 

Let’s say you slip on an icy sidewalk outside a local grocery store on Park Avenue. You visited your doctor, followed the treatment plan, but didn't keep records of your medical visits, prescriptions, or missed workdays. When you file your claim, you'll struggle to provide evidence of your expenses and the accident's impact on your daily life. 

To avoid that type of predicament: 

• Maintain a detailed journal of your symptoms, pain levels, and how the injuries affect your daily activities. 
• Keep all medical records, including doctor's notes, test results, and treatment plans. 
• Save receipts and bills for every expense related to your injury, from medical treatments to transportation costs for doctor visits. 
• Track any lost wages due to your inability to work. 

The more thorough and detailed your documentation, the stronger your claim. Without clear records, insurance adjusters will almost always try to downplay the severity of your injuries, offering less compensation than you deserve. 

Accepting the First Settlement Offer Too Quickly 

After an accident, especially with bills piling up, the first settlement offer from the insurance company might seem tempting. However, these initial offers often don't reflect the true value of your claim. 

Why Initial Offers Are Often Low 

Insurance companies rarely offer fair settlements upfront. Their goal is to resolve claims for as little as possible. These offers typically don’t account for: 

• Long-term medical costs 
• Rehabilitation expenses 
• Lost earning potential 
• Emotional distress 

Once you accept, you forfeit the right to pursue additional compensation, even if your condition worsens. This is regardless of whether you filed a claim or a lawsuit. 

Always consult a personal injury attorney before agreeing to a settlement. An experienced lawyer can evaluate whether the offer truly covers your damages and negotiate for a better outcome. 

Posting About Your Case on Social Media 

In today's digital age, sharing life events on social media is second nature. However, discussing your accident or injuries online can hurt your personal injury case if you post the wrong thing. Our Rochester attorneys always work to protect your case from every angle. 

Imagine posting a photo of yourself smiling at a family gathering in Highland Park shortly after your accident. The insurance company could use this as evidence to argue that your injuries aren't as severe as claimed. 

How Social Media Can Undermine Your Case 

Even innocent posts can be twisted to dispute your claim. A simple check-in at a gym or a post about a weekend getaway could be used as “proof” that you aren’t as injured as you say. Insurance adjusters and defense attorneys monitor social media activity, looking for anything that contradicts your statements. 

To protect your case: 

• Avoid posting about your accident, injuries, or legal proceedings. 
• Adjust your privacy settings. 
• Advise friends and family to avoid tagging you in posts related to physical activities or events. 

Missing the Statute of Limitations Deadline 

Time is of the essence in personal injury cases. New York law sets strict deadlines, known as statutes of limitations, for filing claims. Missing these deadlines can bar you from seeking compensation. 

In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. However, certain cases, like medical malpractice, have shorter timeframes, typically two years and six months from the date of the malpractice or from the end of continuous treatment rendered by the party you intend to sue. 

Exceptions to the Deadline 

Some situations have different filing time limits. If your claim is against a government entity, such as the City of Rochester, you may need to: 

• File a notice of claim within 90 days. 
• Start your lawsuit within one year and 90 days. 

If the injured party is a minor, the clock may not start until they turn 18. Understanding these nuances is incredibly important to making sure your right to compensation remains intact. 

Filing early is always the best course of action. Gathering evidence, negotiating with insurers, and preparing a solid case all take time. Waiting until the last minute can lead to rushed decisions or missed opportunities to strengthen your claim. 

Hire Horn Wright, LLP, to Protect Your Rights 

Trying to make it through a personal injury claim can be exhausting, but avoiding these common mistakes can make a significant difference. Seeking immediate medical attention, maintaining thorough documentation, consulting with professionals before accepting settlements, being cautious with social media, and adhering to legal deadlines are all steps that can protect your rights and strengthen your claim. 

At Horn Wright, LLP, our experienced attorneys are dedicated to guiding you through every step of the process. We're here to take the stress off your shoulders so you can focus on healing.  

If you've been injured in Rochester, contact our Rochester law office today for a FREE consultation to get started with your case.