Start 2026 Right: Common Personal Injury Mistakes to Avoid

As we enter a new year, it’s the perfect time to reflect on what we’ve learned and how we can move forward smarter and safer. If you were injured in an accident in 2025, or if you find yourself in that unfortunate situation in 2026, then knowing the most common mistakes people make can help protect your rights and your recovery.

Personal injury claims can be complicated, and even small missteps can significantly impact the outcome of your case. Here are the most common mistakes we saw in 2025 and how you can avoid them in the year ahead:

Waiting Too Long to Seek Medical Attention

One of the biggest mistakes accident victims make is delaying medical care. Maybe you feel okay immediately after the accident, or you think your pain will go away in a few days. Unfortunately, insurance companies view gaps in medical treatment as evidence that your injuries aren’t serious.

Even if you feel fine, some injuries like whiplash, concussions, or internal injuries, don’t show symptoms right away. Concussions are especially known for showing delayed signs, and often referred to as the ‘silent brain injury’. Waiting days or weeks to see a doctor creates doubt about whether your injuries were truly caused by the accident. While we hope you stay safe and accident-free this year, if you are involved in an accident, make it a priority to seek medical attention immediately, even if you think you’re okay.

Not Documenting the Accident Scene

In the chaos following an accident, documentation is often the last thing on your mind. But failing to gather evidence at the scene can hurt your case later. Take photos of vehicle damage, road conditions, traffic signals, and any visible injuries. Get contact information from witnesses. If possible, file a police report. You can read more about the specific photos you should take after a car accident in this article.

This evidence becomes critical when memories fade and details become disputed. What seems clear today may be questioned months down the road. Your future self will thank you for taking those extra few minutes to document everything.

Giving Recorded Statements Without Legal Advice

After an accident, insurance adjusters often contact you quickly, and sometimes within hours. They may seem friendly and helpful, asking you to give a recorded statement about what happened. But this is a trap.

Insurance adjusters are trained to ask questions that can minimize your claim or get you to say something that contradicts your case later. You might downplay your injuries because you’re trying to be tough, or you might forget important details because you’re still shaken up. These statements can be used against you for months or even years.

You’re typically only required to speak with your own insurance company. Before giving any recorded statement, especially to the other party’s insurer, consult with an attorney at The Floyd Law Firm who will protect your interests.

Posting About Your Injury on Social Media

We live in a world where sharing our lives online feels natural. But if you’re pursuing an injury claim, your social media accounts are being watched. Insurance companies routinely monitor Facebook, Instagram, and other platforms looking for ANYTHING that contradicts your injury claims.

A photo of you smiling at a family gathering can be twisted to suggest you’re not really in pain. A check-in at the gym might be used to argue your injuries aren’t limiting your activities—even if you were just accompanying a friend or doing gentle physical therapy exercises.

The safest approach? Stay off social media entirely until your case is resolved, or at minimum, make your accounts private and avoid posting anything related to your activities or physical condition. Your digital footprints can make or break your injury claim.

Accepting the First Settlement Offer

Insurance companies often make quick, lowball settlement offers hoping you’ll accept before you understand the full extent of your injuries. They’re betting that you need money now and won’t wait to see how your recovery progresses.

The problem is that some injuries require ongoing treatment, physical therapy, surgery down the road, and missed work. Once you accept a settlement and sign a release, you typically can’t go back for more money even if your medical bills pile up later.

Take time to fully understand your injuries and treatment needs before accepting any offer. At The Floyd Law Firm, we can help you determine whether an offer is fair based on your actual damages.

Not Following Through With Treatment

Missing medical appointments or stopping treatment early sends a message to insurance companies: your injuries must not be that bad. If you were really hurt, they argue that you’d be keeping every appointment and following your doctor’s orders.

We understand that life gets busy, and medical appointments can be inconvenient and expensive. But inconsistent treatment gives insurance companies ammunition to deny or reduce your claim. Follow your treatment plan, attend all appointments, and if cost is an issue, discuss payment options with your providers or your attorney.

Trying to Handle Serious Claims Alone

Many people try to handle their own injury claims, especially if the accident seems straightforward. But insurance companies have teams of lawyers and adjusters working to minimize what they pay out. Going up against them alone often means leaving significant money on the table.

You might miss filing deadlines, fail to properly value your claim, or agree to terms that aren’t in your best interest. Personal injury attorneys at The Floyd Law Firm work on contingency, meaning you don’t pay unless you win. Studies show that injured people typically recover more WITH an attorney than without one, even after legal fees.

Missing Important Deadlines

In Missouri, the statute of limitations for most personal injury cases is five years from the date of injury. Miss that deadline, and you lose your right to pursue compensation entirely, no matter how strong your case is.

Other deadlines matter too. Insurance policies have strict reporting requirements, and certain types of claims have shorter time limits. Don’t assume you have unlimited time to decide whether to pursue a claim. Make your move right away.

Moving Forward in 2026

As you start this new year, remember that protecting your rights after an injury starts with the decisions you make in those crucial first hours and days. Seek medical care immediately, document everything, avoid social media, and consult with an experienced personal injury attorney at The Floyd Law Firm before making any statements or accepting any offers.

If you were injured in an accident, protect your rights and contact The Floyd Law Firm today. We’ll review your case, explain your options, and fight to get you the compensation you deserve. Your recovery matters. Don’t let a mistake diminish what you’re owed.