Common Mistakes to Avoid When Filing a Personal Injury Claim

November 6, 2025

Filing a personal injury claim can be a complex and stressful process, especially when you are dealing with physical pain, emotional distress, and financial burdens resulting from an accident. Whether you were injured in a car accident, a slip and fall, or another type of incident, it’s crucial to approach your personal injury claim with care and attention to detail. Unfortunately, many people make mistakes during the claims process that can significantly reduce their chances of receiving fair compensation.

This blog will explore some of the most common mistakes to avoid when filing a personal injury claim. By understanding these pitfalls and taking proactive steps to avoid them, you can strengthen your case and improve your chances of obtaining the compensation you deserve.

1. Failing to Seek Immediate Medical Attention

One of the most common mistakes people make after an accident is failing to seek immediate medical attention. Even if you feel fine or believe your injuries are minor, it’s essential to see a doctor as soon as possible. Some injuries, such as concussions or internal injuries, may not show symptoms right away but can become serious if left untreated.

Additionally, seeking medical attention promptly creates a clear record of your injuries and establishes a link between the accident and your condition. This documentation is crucial for your personal injury claim, as it provides evidence that your injuries were caused by the accident and not by some other event.

Tip: Always visit a healthcare professional after an accident, even if you think your injuries are minor. Follow your doctor’s advice and attend all follow-up appointments to ensure your medical records are complete and up to date.

2. Not Reporting the Accident Immediately

Another critical mistake is failing to report the accident to the appropriate authorities. Whether it’s a car accident, a slip and fall, or another type of incident, it’s important to report the accident as soon as possible. In the case of a car accident, this means calling the police and filing an accident report. For other types of accidents, such as those that occur on someone else’s property, you should inform the property owner or manager and request that an incident report be created.

Reporting the accident promptly helps establish a record of the event and ensures that important details are documented. This can be vital evidence in your personal injury claim.

Tip: Always report the accident to the appropriate authorities as soon as it happens. Keep a copy of the accident or incident report for your records.

3. Admitting Fault at the Scene

In the aftermath of an accident, it’s natural to feel shaken and disoriented. However, it’s important to be cautious about what you say at the scene, especially when speaking with other parties involved or with law enforcement. Admitting fault, even if you believe you were partially responsible, can seriously jeopardize your personal injury claim.

Mississippi follows a comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault. Admitting fault at the scene could be used against you later in the claims process.

Tip: Be honest and factual when describing the accident, but avoid making any statements that could be interpreted as an admission of fault. Let the investigation determine who was at fault.

4. Failing to Gather Evidence at the Scene

Collecting evidence at the scene of the accident is crucial for building a strong personal injury claim. Unfortunately, many people fail to do so, either because they are too shaken up or because they don’t realize the importance of this step. Evidence gathered at the scene can include photographs, witness statements, and any other documentation that supports your version of events.

Tip: If you are physically able, take photographs of the accident scene, your injuries, and any damage to vehicles or property. Get contact information from any witnesses and ask them for written statements if possible. If you are unable to gather evidence due to your injuries, ask a trusted friend or family member to do so on your behalf.

5. Delaying the Filing of Your Claim

Time is of the essence when it comes to filing a personal injury claim. In Mississippi, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, waiting too long to file your claim can lead to a loss of evidence, fading memories, and other challenges that can weaken your case.

Tip: Don’t wait to file your personal injury claim. Contact a personal injury attorney as soon as possible after the accident to begin the process and ensure that your claim is filed within the statute of limitations.

6. Not Keeping Detailed Records of Expenses

A successful personal injury claim not only compensates you for your medical bills but also for other expenses related to the accident, such as lost wages, property damage, and pain and suffering. Failing to keep detailed records of these expenses can result in a lower settlement or judgment.

Tip: Keep a detailed record of all expenses related to the accident, including medical bills, repair costs, travel expenses for medical appointments, and any other costs you incur as a result of your injuries. Save all receipts, invoices, and pay stubs to support your claim for compensation.

7. Accepting the First Settlement Offer

Insurance companies are often quick to offer settlements in personal injury cases, but these initial offers are typically lower than what you may be entitled to. Many people make the mistake of accepting the first offer without fully understanding the extent of their injuries or the long-term costs associated with their recovery.

Tip: Don’t accept the first settlement offer without consulting with a personal injury attorney. An experienced attorney can help you evaluate the offer and negotiate for a fair settlement that adequately compensates you for your injuries and losses.

8. Posting About Your Accident on Social Media

In today’s digital age, it’s common for people to share updates about their lives on social media. However, posting about your accident or injuries on social media can be detrimental to your personal injury claim. Insurance companies and defense attorneys often monitor social media accounts for evidence that can be used against you.

For example, a photo of you engaging in physical activity, even if it’s unrelated to your injury, could be used to argue that your injuries are not as severe as you claim.

Tip: Avoid posting anything related to your accident, injuries, or legal case on social media. Adjust your privacy settings to limit who can see your posts, and be mindful of what you share online.

9. Not Following Your Doctor’s Orders

Failing to follow your doctor’s prescribed treatment plan can have serious consequences for your personal injury claim. Insurance companies may argue that your injuries are not as severe as you claim or that you are not doing everything possible to recover. This can result in a lower settlement or denial of your claim.

Tip: Follow your doctor’s orders carefully, attend all scheduled appointments, and complete any recommended treatments or therapies. Keep a record of your medical treatment and any symptoms or complications you experience.

10. Not Hiring an Experienced Personal Injury Attorney

Perhaps the most significant mistake you can make in a personal injury case is attempting to handle it on your own without legal representation. Personal injury law is complex, and insurance companies have teams of attorneys working to minimize payouts. Without an experienced personal injury attorney on your side, you may be at a disadvantage when negotiating with insurance companies or presenting your case in court.

Tip: Hire an experienced personal injury attorney who can guide you through the claims process, gather evidence, negotiate with insurance companies, and represent you in court if necessary. An attorney can help you avoid common pitfalls and maximize your chances of receiving fair compensation.

Conclusion

Filing a personal injury claim can be a daunting process, but by avoiding common mistakes and taking proactive steps to protect your rights, you can improve your chances of a successful outcome. Remember to seek immediate medical attention, report the accident, gather evidence, and keep detailed records of your expenses. Most importantly, consider hiring an experienced personal injury attorney to help you navigate the complexities of the claims process.

At Wood & Carlton, P.C., we have extensive experience handling personal injury cases in Mississippi. Our team is dedicated to helping you recover the compensation you deserve for your injuries and losses. Contact us today to schedule a consultation and learn more about how we can assist you with your personal injury claim.

The Role of Independent Medical Examinations (IME) in Workers' Compensation Cases

January 8, 2026
When you file a workers' compensation claim after a workplace injury, your medical condition and the extent of your disability are critical factors in determining the benefits you receive. While your treating physician’s reports play a significant role in this process, insurance companies often require injured workers to undergo an Independent Medical Examination (IME) to assess the injury from a neutral standpoint. The IME can have a substantial impact on the outcome of your workers' compensation case, making it essential to understand what it involves, how to prepare for it, and what to do if you disagree with the results. This blog will provide an in-depth look at the role of IMEs in workers' compensation cases and offer tips for navigating this important step in the claims process. What Is an Independent Medical Examination (IME)? An Independent Medical Examination (IME) is a medical evaluation conducted by a physician who is not involved in your treatment and is chosen by the workers' compensation insurance company. The purpose of the IME is to provide an unbiased assessment of your injury, your ability to work, and the necessity of further medical treatment. The IME doctor will review your medical records, ask you about your injury and symptoms, and conduct a physical examination. They may also order additional tests or imaging studies if needed. After the examination, the IME doctor will prepare a report that includes their findings and opinions regarding your injury and your capacity to return to work. The results of the IME can influence several aspects of your workers' compensation claim, including: The extent of your disability: The IME report will address whether you are partially or totally disabled and whether your disability is temporary or permanent. Your ability to work: The IME doctor will evaluate whether you can return to your regular job, perform modified duties (light duty), or if you are unable to work at all. The need for further treatment: The IME report will include recommendations for any additional medical treatment, therapy, or rehabilitation that may be necessary. Why Are IMEs Requested? Workers' compensation insurance companies request IMEs for several reasons, often when there is a dispute or question about your medical condition, the extent of your disability, or the treatment you are receiving. Common reasons for requesting an IME include: Clarification of Medical Issues: If there is conflicting information in your medical records or if your treating physician’s reports are unclear, the insurance company may request an IME to obtain a more definitive assessment of your condition. Evaluation of Work Capacity: The insurance company may want to assess your ability to return to work, particularly if your treating physician has placed you on restrictions or determined that you cannot work at all. Determination of Permanent Disability: If you are claiming permanent disability, the IME will help determine the extent of your impairment and whether it meets the criteria for permanent disability benefits. Assessment of Maximum Medical Improvement (MMI): The IME may be requested to determine whether you have reached Maximum Medical Improvement (MMI), which is the point at which your condition has stabilized and is not expected to improve further with additional treatment. How to Prepare for an IME Preparing for your IME is crucial to ensure that the examination accurately reflects your medical condition and the impact of your injury. Here are some tips to help you prepare: Review Your Medical Records: Before the IME, review your medical records so you are familiar with the details of your injury, treatment history, and any previous diagnoses. Being well-informed will help you answer the IME doctor’s questions accurately. Be Honest and Detailed: During the IME, provide honest and detailed answers to the doctor’s questions about your injury, symptoms, and how the injury has affected your ability to work and perform daily activities. Avoid exaggerating your symptoms, as this can undermine your credibility. Describe Your Pain and Limitations: Be specific when describing your pain and limitations. For example, if you have difficulty lifting objects or standing for long periods, explain how these limitations impact your work and daily life. Use examples to illustrate the challenges you face. Bring a List of Medications: Bring a list of any medications you are taking for your injury, including the dosage and frequency. The IME doctor may ask about your current treatment regimen. Arrive Early and Be Polite: Arrive early for your appointment to avoid any added stress. Be polite and cooperative during the examination, even if you feel anxious or frustrated about the process. Take Notes After the Exam: After the IME, take notes on what was discussed during the examination, including any tests performed and the questions asked by the doctor. These notes can be useful if you need to challenge the IME report later. What to Expect During the IME The IME will typically involve a review of your medical history, a discussion of your symptoms and limitations, and a physical examination. Here’s what you can expect during the IME: Review of Medical Records: The IME doctor will review your medical records, including your treatment history, diagnostic tests, and any reports from your treating physician. They may ask you questions about your treatment and the progression of your symptoms. Discussion of Symptoms: The doctor will ask you to describe your symptoms, including the type of pain you experience, its severity, and how it affects your ability to work and carry out daily activities. Be specific and detailed in your responses. Physical Examination: The IME doctor will perform a physical examination to assess your range of motion, strength, and any physical limitations resulting from your injury. They may also check for signs of pain, swelling, or other symptoms related to your condition. Additional Tests: In some cases, the IME doctor may order additional tests, such as X-rays, MRIs, or blood tests, to gather more information about your condition. Questions About Work Capacity: The doctor may ask questions about your ability to perform specific job tasks, such as lifting, bending, or standing. They may also inquire about your ability to perform light duty or modified work. After the IME: Understanding the Report After the IME, the doctor will prepare a report that includes their findings and opinions regarding your injury, work capacity, and the need for further treatment. This report will be sent to the workers' compensation insurance company and may be used to make decisions about your benefits. It’s important to understand that the IME report can significantly impact your workers' compensation claim. If the report is unfavorable, it could result in a reduction or termination of your benefits. However, you have the right to challenge the IME report if you believe it is inaccurate or unfair. What to Do If You Disagree with the IME Report If you disagree with the findings of the IME report, you have several options for challenging it: Request a Second Opinion: If you believe the IME doctor’s assessment is inaccurate, you can request a second opinion from another doctor. This may involve seeking an Independent Medical Examination from a doctor of your choosing. Gather Additional Medical Evidence: Provide additional medical evidence to support your claim, such as updated reports from your treating physician, new diagnostic tests, or statements from specialists who have treated you. File a Dispute: You can file a formal dispute with the workers' compensation board if you believe the IME report is biased or incorrect. This may involve attending a hearing where you can present evidence to challenge the IME findings. Consult with an Attorney: An experienced workers' compensation attorney can help you navigate the process of challenging an unfavorable IME report. They can assist with gathering evidence, filing disputes, and representing you at hearings. Conclusion The Independent Medical Examination (IME) is a critical component of the workers' compensation process, and its findings can have a significant impact on your benefits. By understanding the purpose of the IME, preparing thoroughly, and knowing your rights, you can ensure that the examination accurately reflects your medical condition and needs. If you’re facing an IME as part of your workers' compensation claim and need guidance on how to handle the process, the attorneys at Wood & Carlton, P.C. are here to help. With extensive experience in workers' compensation cases, we can provide the support and representation you need to protect your rights and secure the benefits you deserve. Contact us today to schedule a consultation and learn more about how we can assist you.

How to Handle an Auto Accident in Mississippi: A Step-by-Step Guide

January 1, 2026
Being involved in an auto accident can be a traumatic and overwhelming experience. In the immediate aftermath, it’s easy to feel disoriented and unsure of what to do next. However, the actions you take immediately after the accident can have a significant impact on your safety, health, and any potential legal claims. This blog will provide you with a step-by-step guide on how to handle an auto accident in Mississippi. By following these steps, you can protect yourself, ensure you receive the necessary medical care, and strengthen your case if you need to file a personal injury claim. Step 1: Ensure Safety and Call for Help The first and most important step after an auto accident is to ensure the safety of everyone involved. Here’s what you should do: Check for Injuries: Assess yourself and others in your vehicle for injuries. If anyone is seriously injured, call 911 immediately to request emergency medical assistance. Move to Safety: If the vehicles are in a dangerous location, such as the middle of a busy road, and it is safe to do so, move them to the side of the road to avoid further accidents. If the vehicles cannot be moved, turn on your hazard lights to alert other drivers. Stay Calm: Auto accidents can be highly stressful, but it’s important to stay calm and composed. Take a few deep breaths and focus on the steps you need to take to handle the situation. Step 2: Call the Police In Mississippi, it’s required by law to report any auto accident that results in injury, death, or significant property damage to the police. Even if the accident seems minor, it’s a good idea to call the police to the scene. The police will create an official accident report, which can be crucial for your insurance claim and any potential legal action. When the police arrive: Provide a Statement: Give the officer a clear and factual account of what happened. Stick to the facts and avoid making assumptions or speculating about who was at fault. Request a Copy of the Accident Report: Ask the officer how you can obtain a copy of the accident report once it’s available. This report will be important for your insurance claim and any legal proceedings. Step 3: Exchange Information with the Other Driver After ensuring that everyone is safe and the police have been called, exchange information with the other driver(s) involved in the accident. This information should include: Full Name and Contact Information Driver’s License Number License Plate Number Insurance Company Name and Policy Number Make, Model, and Color of the Vehicle It’s also helpful to note the location of the accident, the time it occurred, and the road conditions. Be polite and cooperative, but avoid discussing the details of the accident or admitting fault. Step 4: Document the Scene Thorough documentation of the accident scene can be crucial for your insurance claim and any legal action. Here’s how to document the scene effectively: Take Photos: Use your phone or camera to take photos of the vehicles involved, any visible damage, skid marks, traffic signs, road conditions, and any other relevant details. Be sure to take photos from multiple angles and distances. Record Witness Information: If there were any witnesses to the accident, ask for their contact information and if they would be willing to provide a statement. Witnesses can provide valuable third-party perspectives on what happened. Make Notes: Write down your recollection of how the accident occurred, including the sequence of events leading up to the collision. Include details about the weather, traffic conditions, and any unusual circumstances. Step 5: Seek Medical Attention Even if you feel fine after the accident, it’s important to seek medical attention as soon as possible. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately but can become serious if left untreated. When you see a doctor: Inform Them of the Accident: Let your doctor know that you were involved in an auto accident, so they can check for any accident-related injuries. Follow the Doctor’s Advice: If your doctor recommends treatment, follow their advice and attend all follow-up appointments. Keep detailed records of your medical visits, treatments, and any prescribed medications. Step 6: Notify Your Insurance Company After an auto accident, you need to notify your insurance company as soon as possible. Most insurance policies require you to report accidents within a certain time frame, so don’t delay. When you contact your insurance company: Provide Accurate Information: Give your insurance company a clear and factual account of the accident. Provide them with the details you documented, including photos, witness information, and the police report number. Understand Your Coverage: Ask your insurance company to explain your coverage, including any deductibles, rental car options, and the process for filing a claim. Avoid Speculation: Stick to the facts and avoid speculating about fault or the extent of your injuries. The insurance adjuster will investigate the accident and determine liability based on the available evidence. Step 7: Keep Track of Your Expenses Auto accidents can result in a variety of expenses, including medical bills, vehicle repairs, and lost wages. Keeping track of these expenses is essential for your insurance claim and any potential legal action. Medical Expenses: Keep all bills and receipts for medical treatments, prescriptions, and any other accident-related healthcare costs. Vehicle Repair Costs: Obtain estimates for vehicle repairs and keep receipts for any work done. If your vehicle is totaled, you’ll need documentation to support the claim for its value. Lost Wages: If your injuries prevent you from working, document the days you missed and any lost income. You may be entitled to compensation for lost wages as part of your claim. Other Expenses: Keep records of any other expenses related to the accident, such as transportation costs, home care, or modifications to your living space if needed due to your injuries. Step 8: Consult with a Personal Injury Attorney If you’ve been injured in an auto accident, consulting with a personal injury attorney can be a critical step in protecting your rights and securing fair compensation. An experienced attorney can help you navigate the complex legal process, negotiate with insurance companies, and ensure that you receive the compensation you deserve for your injuries and losses. When you consult with an attorney: Bring All Documentation: Provide your attorney with all the documentation related to the accident, including the police report, medical records, photos, and witness statements. Discuss Your Options: Your attorney will evaluate your case and discuss your legal options, including the possibility of filing a personal injury claim. They can help you understand the strengths and weaknesses of your case and what to expect moving forward. Let Your Attorney Handle Communications: Once you have an attorney, they can handle all communications with the insurance companies and any other parties involved. This allows you to focus on your recovery while your attorney works to secure the best possible outcome for your case. Step 9: Follow Up on Your Claim The claims process can take time, so it’s important to follow up regularly with your insurance company and attorney to check on the status of your claim. Be patient, but don’t hesitate to ask for updates or clarification if needed. Respond Promptly: If your insurance company or attorney requests additional information, provide it as soon as possible to avoid delays in processing your claim. Be Prepared for Negotiation: Insurance companies may initially offer a lower settlement than what you’re entitled to. Be prepared to negotiate with the help of your attorney to ensure you receive fair compensation for your injuries and damages. Conclusion Being involved in an auto accident is a stressful experience, but knowing what to do in the aftermath can make a significant difference in protecting your rights and ensuring a smooth recovery process. By following these steps, you can navigate the complexities of an auto accident with confidence, from the moment of the crash to the resolution of your claim. If you’ve been injured in an auto accident in Mississippi, the attorneys at Wood & Carlton, P.C. are here to help. With extensive experience in personal injury cases, we can guide you through the legal process, advocate for your rights, and work to secure the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can assist you with your auto accident claim.