Filing a personal injury claim can be overwhelming, especially if you’re unfamiliar with the Texas legal system. Even small errors can greatly impact your ability to secure fair compensation — something no one wants to risk.
We’ll reveal the 10 biggest mistakes that can weaken your case and explain how to avoid them.
While understanding these pitfalls is important, having an experienced attorney by your side can make all the difference — they can guide you through the complexities and protect your rights.
In fact, you can schedule a free consultation with No Bull Law from the get-go. We’re here to guide you through the process, help you sidestep costly mistakes, and work to maximize your compensation.
This Article Contains:
- 10 Common Mistakes to Avoid in a Personal Injury Claim in Texas
- Failing to Seek Immediate Medical Attention
- Admitting Fault
- Not Documenting and Preserving Evidence
- Neglecting to Report the Accident
- Not Consulting a Personal Injury Lawyer
- Overlooking Future Damages
- Missing Filing Deadlines
- Ignoring Your Doctor’s Advice
- Discussing Your Case on Social Media
- Accepting the First Settlement Offer
- Personal Injury Claim FAQs
The personal injury claim process can be long and stressful, making it easy to slip up. Here are some common mistakes to watch out for:
Your health comes first.
Delaying a doctor’s visit after an accident can jeopardize both your recovery and your personal injury claim. Even if you feel fine initially, some injuries may not show symptoms right away. For example, adrenaline and shock often mask injuries like whiplash or internal trauma. Medical records serve as evidence to support your claim for compensation, covering expenses like treatment costs, lost wages, etc. So, timely medical care not only protects your health but also provides a clear link between the accident and your injuries, giving less room for insurance companies and opposing attorneys to challenge your claim.
After an accident, it’s natural to want to explain or apologize.
But even a simple “I’m so sorry, I didn’t see you” can be seen as admitting fault (even if you weren’t) and is a common mistake that can hurt your claim. In states like Texas, where modified comparative negligence laws apply, admitting fault — even unintentionally — could reduce your settlement depending on your percentage of fault. And if you were found to be 51% or more at fault, you wouldn’t be able to claim any damages at all. So, it’s best to remain neutral and stick to factual statements when speaking to the other party or insurance adjusters. Ideally, you should let an experienced attorney handle communication to protect your rights.
Without strong evidence, it’s harder to prove what happened, who was at fault, or how the accident impacted your life. This makes it easier for insurance companies to dispute or deny your claim.
Here are some essential steps to document and preserve evidence:
- Document the accident scene: Take photos and videos of the accident scene, property damage, injuries, and hazards from multiple angles.
- Gather witness information: Collect the names and contact details of anyone who saw the incident.
- Write down key details: Record the time, date, location, weather, and conversations while the event is fresh in your memory.
- Obtain official reports: Secure police, workplace, or property incident reports for an objective account.
- Keep medical records: Save all your treatment and recovery documents to show the accident's impact.
- Save receipts and invoices: Retain bills for medical expenses, repairs, and other related costs to quantify your losses.
Whether it’s an auto accident, construction accident, work injury, pedestrian accident, or negligent security, reporting the incident creates an official record that helps substantiate your claim. Failure to do so can lead to disputes about the accident’s occurrence, who was at fault, or the severity of the damages. Insurance companies may even question your credibility and deny your claim.
A police report in an auto accident can help determine fault, and reporting to your insurance company keeps them in the loop to smoothen the claims process. Similarly, a workplace injury report notifies your employer and prompts them to take the necessary actions.
You're typically required to report an accident to your insurance company “within a reasonable time,” ideally within 24 hours. Texas law requires you to report an accident to the police if it involves injury, wrongful death, or property damage exceeding $1,000. While you have 10 days to do so, it’s always best to report it ASAP.
Here are a few tips to help you properly report an accident:
- Know who to notify: Report a car accident to the police and your auto insurance company, a work injury to your employer, and incidents involving premises liability, such as slip-and-fall accidents and negligent security, to the property owner or manager.
- Be accurate and honest: Stick to the facts without speculating or exaggerating.
- Request a copy: Always get a copy of the report for your records.
- Act quickly: Delays in reporting can raise doubts about the validity of your claim.
While you can legally handle a personal injury claim on your own, it often leads to costly mistakes. Personal injury law is complex, and insurance companies are skilled at exploiting legal loopholes, minimizing payouts, or denying it entirely. Without legal help, you might:
- Struggle to prove liability: Establishing fault requires you to gather and present strong evidence, which will be difficult without legal expertise.
- Miss important deadlines: Without legal help, you might miss critical deadlines such as the statute of limitations and others. (We’ll cover those in a bit.)
- Accept an unfair settlement: Insurers often offer low payouts to unrepresented claimants, and you might accept if you fail to assess current and future damages fully.
An experienced personal injury attorney can handle the tasks involving your claim, from assessing damages and managing paperwork to handling negotiations — while you recover from your injury. Their expertise ensures you’ll achieve far better case results than if you go at it alone.
According to the Insurance Research Council, you could get 3-3.5x more on average in the settlement if you consult an experienced car accident attorney.
If that sounds good, why not consult with No Bull Law?
We specialize in personal injury claims, and are dedicated to helping our clients win fair compensation. With free consultations, you can get our expert legal advice upfront. Besides, we don’t charge you anything unless we win.
When filing a personal injury claim, it’s easy for personal injury victims to focus only on immediate costs like property damage and medical bills.
However, overlooking future damages — such as ongoing medical treatment or lost earning potential — can leave you under-compensated, particularly in cases involving a catastrophic injury. Accidents often have lasting effects.
These can manifest in the form of months of physical therapy or emotional trauma like PTSD. In cases involving a catastrophic injury (such as a spinal or brain injury), the injury victim may face significant changes to their quality of life.
Insurance companies frequently downplay these long-term consequences, offering settlements that only cover short-term costs, leaving personal injury victims financially vulnerable.
However, evaluating future damages isn’t easy, so having an accident lawyer help you figure that out is a good idea. They’ve seen many similar cases and will know what future costs will likely come your way.
Filing deadlines are crucial in a personal injury case, and missing them can mean losing your right to seek compensation.
While the timelines for filing insurance claims vary, most insurance companies require policyholders to notify their insurers ASAP.
As for filing a personal injury lawsuit, the statute of limitations begins on the date of the accident, giving you two years to file your claim in Texas. Exceptions, like cases involving minors or government entities, are rare and have specific conditions.
You might also miss responding to legal notices, timely submitting necessary court documents and more.
To avoid missing deadlines, act quickly and consult a skilled personal injury lawyer for guidance.
Following your doctor’s advice after an accident isn’t just essential for recovery; it’s crucial for your personal injury claim. Medical advice and treatment plans are key evidence, and skipping appointments or stopping treatment can signal to insurers that your injuries aren’t serious.
Insurance companies often use gaps in treatment or non-compliance to reduce compensation.
To avoid this mistake:
- Let your doctor know if a treatment isn’t working or you’re struggling with appointments.
- Disclose pre-existing conditions to distinguish them from accident-related injuries.
- If you’re unsure about treatment, consult another medical professional instead of stopping care.
Sharing case updates on social media might seem normal, but it’s a common mistake that can harm your credibility.
Insurance adjusters often monitor social media posts for anything that could undermine your personal injury claim, like photos suggesting your injuries aren't severe or comments that could be taken out of context.
To protect your claim:
- Avoid posting about the accident: Keep details about the personal injury case, including what happened or your injuries, offline.
- Set profiles to private: Tighten privacy settings to limit visibility.
- Skip posting updates: Even unrelated posts can be misinterpreted.
- Advise friends and family: Ask them not to post or tag you in ways that could misrepresent your condition.
- Check with your attorney: They can guide you on what’s safe to share.
It’s tempting for an accident victim to accept the first settlement offer, especially with bills piling up. But initial offers are often lowball attempts by insurance companies to save money, rarely reflecting the true value of your claim.
Once accepted, you typically waive your right to pursue additional compensation, even if new expenses arise.
Instead, ensure you’ve completed your medical treatment and understand the long-term prognosis before deciding. Consult a personal injury attorney, like No Bull Law, to help you evaluate the fairness of the offer.
Avoid Costly Mistakes with No Bull Law by Your Side
Navigating a personal injury claim can feel overwhelming, but avoiding the common mistakes can make all the difference. By staying informed, acting quickly, and seeking expert guidance, you’ll be better positioned to secure the compensation you deserve.
At No Bull Law, we’re here to help you every step of the way. With our experience and straightforward approach, you can feel confident your claim is in the right hands. Schedule a free consultation today, and let’s get started on your case—no hassle, no bull.
Here are the answers to some common questions about personal injury claims:
The statute of limitations (SOL) for filing a personal injury lawsuit for personal injury or wrongful death claims varies by state and depends on the type of claim and the nature of the injury:
- Time frame: Texas has a two-year SOL for these personal injury claims. For other states and the District of Columbia, it could be anywhere between 1 and 6 years after the accident.
- Type of claim: The statute of limitations may also vary depending on the type of claim, such as:
- Negligence: In most jurisdictions, the SOL for personal injury claims based on negligence is usually between 1 and 3 years from the date of the injury or when it was discovered.
- Medical malpractice: Due to their complexity, medical malpractice claims often have shorter time limits. In most cases, you’ll need to file within 1 to 3 years, but some jurisdictions may give you more time, depending on circumstances.
- Product liability: Where injuries are caused by a defective product, the SOL for product liability claims varies based on the details. Consult an experienced personal injury attorney to determine the time limits for your specific situation.
There are a few exceptions to the statute of limitations, including:
- The discovery rule: Some injuries aren't immediately noticeable. In this case, the SOL is "tolled" (paused) until you know, or should know, of your injury and its cause. The discovery rule mostly applies to medical malpractice cases, but it can apply to other types of claims as well.
- Minority: A minor (under 18) can’t file a lawsuit in their own name. As a result, many states extend the SOL to give minors a chance to file after they turn 18. Texas typically pauses the SOL until the accident victim turns 18, meaning the two-year limit begins on their 18th birthday.
- Mental incompetence: The SOL may be tolled if the injury victim is mentally incompetent, such as in cases involving a severe brain injury.
- The defendant is out of state or whereabouts unknown: If the defendant is out of state or their whereabouts are unknown, the SOL in many states may be tolled until the defendant returns or their location becomes known.
Here are the steps you should take to file a personal injury claim:
- Seek immediate medical attention to document your injuries and prioritize your health. This can have a big impact on your case results.
- Consult a personal injury attorney like No Bull Law to evaluate your case and understand your legal options.
- Report the incident to the appropriate authorities, such as the police and your employer, if applicable.
- With help from your car accident lawyer, gather evidence, including photos, witness statements, and official reports from the scene.
- Notify your insurance company about the accident and provide initial details of the incident.
- Organize all relevant documentation, such as medical records, repair estimates, and receipts for related expenses.
- Stick to your treatment plan.
- Work with your attorney to draft and submit a demand letter to the at-fault party’s insurance company.
- Negotiate with the insurance company for a fair settlement with your lawyer’s guidance.
- If you don’t get a fair settlement, file a lawsuit within the statute of limitations if a satisfactory settlement cannot be reached.
- Prepare for litigation by gathering additional evidence and attending all required court proceedings, if necessary.
