6 Costly Mistakes to Avoid When Filing a Personal Injury Claim in New York

If you’ve been injured in a car accident, slip and fall, work accident, or any other type of personal injury incident, what you do in the days and weeks that follow can make or break your case. Insurance companies start working against you immediately — and many injured people unknowingly hurt their own claims before they ever speak to a lawyer.

At Collins & Collins Attorneys, LLC, we have spent over 70 years protecting injured New Yorkers across Western and Central New York. Below are the six biggest mistakes we see and how to avoid them.

1. Delaying or Skipping Medical Care

One of the most damaging mistakes is waiting too long to see a doctor. Even if your injuries don’t seem serious at first, adrenaline and shock often mask pain. Injuries like concussions, soft tissue damage, herniated discs, and internal injuries can take days to show symptoms.

Insurance companies use medical delays against you. They argue that:

• You weren’t really hurt

• Something else caused your injury

• You made it worse by waiting

Getting immediate medical care protects both your health and your legal claim.

2. Ignoring Your Doctor’s Treatment Plan

Once you start treatment, you must follow through. Skipping physical therapy, missing appointments, or stopping treatment early gives insurance companies ammunition to claim:

• You must be feeling better

• Your injuries are not serious

• You chose not to recover

We often see insurers cut settlement offers in half because of “gaps in treatment.”

Your recovery and your compensation depend on consistency.

3. Not Documenting Evidence

Personal injury cases are built on proof. Too many people rely on memory alone — and that’s not enough.

You should always document:

• Photos of the accident scene

• Visible injuries and bruising

• Damaged vehicles or property

• Medical records and bills

• Police or incident reports

• Witness names and phone numbers

The more documentation you have, the stronger your claim becomes.

4. Posting About Your Case on Social Media

This is one of the most dangerous mistakes people make today.

Insurance adjusters and defense lawyers look at Facebook, Instagram, TikTok, and even private messages. A smiling photo, a vacation post, or a gym selfie can be twisted to claim you’re “not really injured.”

Even innocent posts like “feeling better” can be used against you.

If you’re injured, stay off social media until your case is resolved.

5. Waiting Too Long to File a Claim

New York law has strict deadlines called statutes of limitations. If you miss them, your case can be permanently barred no matter how badly you were hurt.

Deadlines vary depending on:

• Whether the case involves a city, town, or state agency

• The type of injury

• Whether workers’ compensation is involved

Some cases have deadlines as short as 90 days.

Waiting too long can cost you everything.

6. Not Hiring a Personal Injury Attorney

Insurance companies are not on your side. Their job is to:

• Pay as little as possible

• Close claims quickly

• Protect their profits

They often rush injured people into cheap settlements before the full extent of injuries is known.

Once you accept, you can’t go back  even if surgery, long-term disability, or complications appear later.

A lawyer levels the playing field.

How Collins & Collins Protects You

At Collins & Collins Attorneys, LLC, we handle everything so you can focus on healing:

✔ We deal with the insurance companies

✔ We gather medical records and evidence

✔ We calculate the true value of your case

✔ We stop lowball settlement offers

✔ We fight for full compensation not quick payouts

From car accidents and slip & falls to workplace injuries and construction accidents, our team has helped thousands of New Yorkers get the justice they deserve.

Injured? Get Answers Before You Make a Mistake

If you or a loved one has been hurt, don’t risk your future by guessing what to do next.

Call Collins & Collins Attorneys, LLC today at 716-885-9700 for a FREE consultation.

There’s no fee unless we win  and the sooner you call, the more we can protect you.