Skip to main content

Common Mistakes to Avoid in a Personal Injury Claim

If you’ve been injured in a motor vehicle accident, which was not your fault, filing a personal injury claim to receive compensation with the assistance of counsel is the best way to proceed.  However, with so many things happening immediately after the accident, there are some common mistakes to avoid that can significantly affect the compensation you may receive.


The law offices of Edward P. Shamy Jr. have handled more than 1,500 personal injury cases. With the insight from a personal injury lawyer in New Brunswick, NJ, here are some common mistakes that you’ll want to avoid if you’re involved in an accident:

Avoiding or Delaying Medical Attention

It’s perfectly normal to seek medical attention after an accident. However, avoiding medical attention simply because you feel your symptoms will resolve on their own is not advised. There could be underlying injuries where the full severity of your symptoms are not yet apparent. It’s important, for your personal injury claim, to have your injuries documents on medical records that you sought out medical attention for the potential injuries sustained during the accident.

Lack of Accident Documentation

It’s important to document the damages and injuries immediately following an accident. Be sure to take images of the property damage, the overall scene, and any signs of injury, such as cuts, or bruises. This visual evidence could be very important in the pursuit of compensation for your injuries. Having insufficient evidence and documentation may hurt your claim.

Failure to Call the Police When You are Involved in an Accident

It’s important that everything is documented at the scene of an accident, including statements from you and the other parties involved.  The responding police officer will prepare a report of the motor vehicle accident which will become the starting point for determining liability between the parties.  If you fail to report the accident, the other driver could attempt to distort how the accident occurred.

Delaying the Filing of Your Claim

While there’s a lot to consider when you’re involved in an accident, you’ll also want to file your claim in a timely manner. In New Jersey the Statute of Limitations is 2 years, which means your lawsuit must be filed within two years of the date of the accident or you are barred from pursuing a claim. If your claim is against a public entity a Notice of Claim must be filed within 90 days of the date of the accident. It is critical to obtain counsel soon after the happening of your accident.

Posting About Your Injuries or the Accident on Social Media

Your social media posts can be used against you. Insurers may use these posts to demonstrate that your activities online contradict the severity of your injuries. To be safe, it may be a good idea to take a sabbatical from social media during your recovery process.

Not Hiring an Experienced Personal Injury Lawyer

It’s never wise to go through a personal injury experience alone. You’ll want someone with the necessary knowledge and experience that can effectively and efficiently navigate the complexities of these cases to ensure that your claim is heard and that you receive compensation for your pain and suffering, medical expenses, and property damage.

Partner with Edward P. Shamy Jr Today

If you’ve been involved in an accident and are in the process of filing your claim, it’s important to avoid the mistakes that are listed above. When the time comes, you can consult with Edward P. Shamy Jr to learn more about the process of filing your personal injury claim and begin the process with an experienced personal injury lawyer.  Cases are handled on a contingency fee basis which means if there is no recovery there is no fee.

Contact Edward P. Shamy Jr. today.