Updated January 2026
Filing a personal injury claim can feel overwhelming, especially when you’re dealing with pain, medical appointments, and financial stress. While no attorney can guarantee a specific outcome, understanding factors that can influence a claim can help you avoid costly mistakes that may reduce your compensation—or even lead to a denied claim.
Below are eight important things to know during the claims process.
Many people delay hiring a lawyer because they believe they can’t afford one. The truth is, most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. They only get paid if they secure a settlement or verdict in your favor.
An experienced personal injury lawyer protects your rights, gathers and evaluates evidence, manages deadlines, and handles communication with insurance companies—taking the burden off your shoulders so you can focus on healing.
Your attorney can only protect you if they know the full truth. It is their job to present the facts in your favor without misrepresenting what happened. Avoid exaggerating or withholding information. Misrepresenting facts—especially to insurance companies—can result in:
Honesty is essential to building a strong case.
Delaying medical care is one of the most common mistakes injury victims make. Do not postpone or neglect obtaining treatment, as it:
Insurance companies often challenge claims with little or no medical documentation. If you are hurt, get evaluated and follow all recommended treatment plans.
Be upfront about any pre-existing conditions or prior injuries. These conditions may have been aggravated by your accident, and failing to disclose them can harm your case. If the defense discovers undisclosed medical history, they may argue your injuries were not caused by the accident—potentially reducing or eliminating your compensation.
Questions? Contact us at (877) 284-6600.
There is a limited time to file a lawsuit. Every state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. Missing this deadline usually means losing your right to pursue compensation.
The statute of limitations is basically a time limit on how long you have from the date of an injury to file your personal injury claim.
For instance, in Missouri, if you plan to file a personal injury claim, the statute of limitations requires that it be done within five years, starting from the date of the injury.
Because these deadlines vary by state and case type, it’s important to speak with an attorney as soon as possible.
Social media can seriously damage your claim. Insurance adjusters routinely monitor posts looking for anything they can use against you.
Avoid posting about:
Ask friends and family not to post about you, either. Even innocent posts can be taken out of context and used to question your credibility.
You can talk with your personal injury attorney, just do not do it through social media.
Insurance companies often push quick, low settlements that may not cover:
Never sign a release, waiver, or any legal document without your attorney reviewing it first. Also, do not agree to recorded statements—they can be used against you later.
The safest approach is simple: Do not discuss your case with anyone except your lawyer. Your attorney will handle all communication with insurance companies, investigators, and opposing counsel to protect your claim from unnecessary risks.
A full-service, experienced law firm like Nash & Franciskato can manage your case from start to finish.
When you need a personal injury attorney, contact us at (877) 284-6600.
If you have been seriously injured, you deserve a legal team that will:
Call (877) 284-6600 or contact our office online for a free, no-obligation review of your case. We have a successful track record of helping accident victims collect the compensation they deserve. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.
SCHEDULE A FREE REVIEW OF YOUR CASE
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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Editor’s Note: This post was originally published September 20, 2021. It was reviewed and updated on August 2, 2023; and on January 29, 2026 and republished.
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