Imagine losing thousands of dollars—money you’re rightfully owed—just because of a simple misstep after your accident. At the Marc Lopez Law Firm, we see this all the time. Whether it’s a car crash, a dog bite, or a slip and fall, one mistake can make a major difference in your Indiana injury case.
If you’ve been hurt and someone else is to blame, don’t make these common errors that can tank your case before it even gets started. Below, we’ll walk you through the top six mistakes that could wreck your injury claim.
Mistake #1: Delaying Medical Treatment
After any accident, time is not on your side. If you wait to get medical attention, the insurance company will use that delay against you. Even a few days can be enough to raise red flags. Some law firms won’t even consider cases where treatment was delayed more than 14 days.
You might feel okay right after the crash—adrenaline has a way of masking pain. But if you wake up sore the next day and just try to “tough it out,” you risk hurting both your body and your injury claim. The longer you wait, the harder it is to link your injuries to the incident.
Pro tip: Even sending a message to your doctor through MyChart or other doctor communications apps can help. Something as simple as, “I was in a crash—feeling banged up, may need to be seen,” creates a paper trail. If your doctor can’t see you quickly, don’t wait a month. Go to urgent care. Go to the ER if necessary. Just go.
Prompt treatment shows that your injury is real and serious. It helps document your condition and protects your right to fair compensation. If you delay, you give the insurance company exactly what they’re looking for—an excuse to pay you less.
Mistake #2: Talking to the Other Driver’s Insurance Company
This one is tricky. The other party’s insurance adjuster might sound friendly and helpful. But once they ask for a recorded statement, it’s time to pump the brakes.
They’re not calling to help you—they’re calling to protect their bottom line.
Insurance adjusters are trained to box you in. They’ll ask questions designed to make you say something that weakens your case:
- “You’ve had back pain before, right?”
- “You said you were running late that morning?”
- “Would you agree that everyone could have driven a little safer?”
In the moment, you might answer casually—but those words can haunt your case. Even saying something like, “I’m not too banged up,” can be used later to argue your injuries aren’t that serious.
Remember: You do have to cooperate with your own insurance company. But you’re under no obligation to help the at-fault party’s insurer. That’s what your Indiana injury lawyer is for.
Mistake #3: Ignoring Your Doctor’s Orders
Getting treatment is step one—following through is step two. If your doctor or therapist tells you to come back next week, do it. If they recommend home exercises or physical therapy, follow through.
Life gets busy. We understand. But blowing off appointments or missing therapy sessions can give the insurance company an easy out. They’ll argue you didn’t do your part to get better. And in Indiana, the law expects injury victims to mitigate their damages—in other words, make a real effort to recover.
We’ve seen cases go from solid to shaky just because someone skipped too many appointments. It’s not just about the treatment—it’s about showing that you’re taking your recovery seriously.
Mistake #4: Exaggerating or Misrepresenting Injuries
Pain is real. But overselling your injuries can backfire in a big way.
If you walk into the doctor’s office on your own and rate your pain as “10 out of 10,” it may not match the reality of your condition. Someone at a 10 out of 10 pain scale would likely not be able to walk under their own power for a doctor visit. That kind of disconnect can be picked apart in court—or used by the insurance company to claim you’re not credible.
Jurors want to help people who are trying. They respect honesty. If your pain is a six, say it’s a six. If it’s constant but manageable, be clear. Stick to the facts. Don’t minimize—but don’t exaggerate either.
Consistent, honest reporting builds trust and strengthens your case. Inflated pain scales, dramatic language, or contradicting your medical records? That does the opposite.
Mistake #5: Accepting a Quick Settlement
This one breaks our hearts. People call us all the time saying, “I signed something, took a check, and now I need more treatment. Can I reopen the case?” The answer is usually no.
Insurance companies know that the first few days after an accident are when you’re most vulnerable. You’re confused, hurting, maybe missing work—and they wave a check in your face. $3,000 or $5,000 might sound like a lifeline. But if you sign that release form, your case is done.
Even worse, sometimes they’ll say, “Take this money, and we’ll keep paying for treatment.” But a month later, they start pushing back:
- “We didn’t expect this many chiropractor visits.”
- “Looks like you had a pre-existing back issue.”
- “This treatment feels excessive.”
They control the purse strings—and they’ll slam them shut.
Before you agree to anything, talk to an Indiana injury lawyer. We can evaluate the offer, review your medical bills, and protect your future.
Mistake #6: Not Hiring an Indiana Injury Lawyer
You might think you can handle the claim on your own—and in minor cases, that might be true. But once the bills pile up, once you miss work, once the pain doesn’t go away—you need backup.
An experienced Indiana injury lawyer will:
- Maximize your total recovery
- Collect all the right medical records (often three or more from one ER visit!)
- Negotiate medical liens and reduce what you owe
- Protect you from signing something you’ll regret
Insurance companies have lawyers. You should too. You don’t pay us unless we win—that’s what a contingency fee means. We only get paid when we put money in your pocket.
And that’s what we’re focused on: your bottom line. Not just a settlement, but a settlement that makes sense for you and your family.
Make the Right Call
If you’ve been hurt in an Indiana injury accident—car crash, slip and fall, dog bite—don’t go it alone. Avoid these six costly mistakes, protect your rights, and get the compensation you deserve.
Call the Marc Lopez Law Firm today at 463-238-4579. Let us turn your frustration into compensation.
