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 Impact of Work History on Social Security Disability Eligibility

February 19, 2026
When applying for Social Security Disability Insurance (SSDI) benefits, your work history plays a crucial role in determining your eligibility. SSDI is designed to provide financial assistance to individuals who are unable to work due to a disabling condition, but unlike other forms of disability assistance, SSDI is not a needs-based program. Instead, it’s an insurance program funded through payroll taxes, and your work history determines whether you qualify for benefits. This blog will explore how your work history impacts your eligibility for SSDI, how work credits are calculated, and what happens if you have gaps in your employment history. Understanding these factors can help you better navigate the application process and improve your chances of receiving the benefits you need. Understanding Work Credits The Social Security Administration (SSA) uses a system of work credits to determine your eligibility for SSDI benefits. Work credits are earned based on your income and the amount of Social Security taxes you’ve paid over the years. To qualify for SSDI, you must have accumulated a sufficient number of work credits, and the exact number required depends on your age at the time of your disability. How Work Credits Are Earned: In 2024, you earn one work credit for every $1,640 in earnings, up to a maximum of four credits per year. The dollar amount required to earn a credit is adjusted annually based on average wage levels. Total Work Credits Required: Generally, you need 40 work credits to qualify for SSDI, with 20 of those credits earned in the 10 years immediately preceding your disability. However, younger workers may qualify with fewer credits. For example: Under Age 24: You may qualify with as few as six credits earned in the three years before your disability. Age 24-31: You may qualify if you have credit for working half the time between age 21 and the time you become disabled. Age 31 and Older: You typically need at least 20 credits earned in the 10 years prior to becoming disabled, with a total of 40 credits overall. Work Credits and Disability Onset: It’s important to note that your work credits must be recent. The SSA looks at your work history leading up to the onset of your disability, and you must have earned the required credits within a specific time frame before you became disabled. The Importance of Recent Work History Your recent work history is particularly important when applying for SSDI. The SSA uses your recent work credits to determine whether you were actively contributing to the Social Security system before your disability began. This is known as the "recent work test." Recent Work Test: To meet the recent work test, you generally need to have worked at least five out of the 10 years prior to becoming disabled. This ensures that you were engaged in substantial gainful activity (SGA) and paying into the Social Security system before you were unable to work due to your condition. If you have a strong and consistent work history leading up to your disability, you are more likely to meet the recent work test and qualify for SSDI benefits. However, if you have gaps in your work history or have not worked recently, it may be more challenging to qualify. What If You Have Gaps in Your Work History? Gaps in your work history can complicate your SSDI application, but they do not automatically disqualify you from receiving benefits. There are several reasons why someone might have gaps in their work history, such as: Caring for a Family Member: If you took time off work to care for a sick or elderly family member, this may result in gaps in your work history. Unemployment: Periods of unemployment due to economic downturns or layoffs can also create gaps in your work history. Part-Time Work or Low Earnings: If you worked part-time or had periods of low earnings, you may not have earned enough credits during those years to meet the SSA’s requirements. If you have gaps in your work history, you may still qualify for SSDI if you meet the following criteria: Medical Evidence: You must provide strong medical evidence that demonstrates the severity of your disability and the impact it has on your ability to work. Alternative Work Credits: If you do not meet the standard work credit requirements, the SSA may consider alternative credits, such as those earned in the years prior to the gap in your work history. Younger Workers: If you are a younger worker with fewer work credits, the SSA has different requirements for eligibility, as mentioned earlier. Younger workers may qualify with fewer credits based on their age at the time of disability. Special Considerations for Self-Employed Workers Self-employed individuals also pay into the Social Security system through self-employment taxes, and their work credits are calculated based on their net earnings. However, self-employed workers may face additional challenges when applying for SSDI, such as: Fluctuating Income: Self-employed individuals often have fluctuating income, which can affect their ability to earn consistent work credits. Record Keeping: Self-employed workers must maintain accurate records of their income and expenses to ensure that they receive proper credit for their contributions to the Social Security system. If you are self-employed and considering applying for SSDI, it’s important to ensure that your earnings are accurately reported and that you have sufficient work credits based on your self-employment income. What If You Don’t Have Enough Work Credits? If you do not have enough work credits to qualify for SSDI, there are other options you may consider: Supplemental Security Income (SSI): SSI is a needs-based program that provides financial assistance to individuals with disabilities who have limited income and resources. Unlike SSDI, SSI does not require a specific work history, and eligibility is based on financial need rather than work credits. Spousal or Survivor Benefits: If you are married or the widow(er) of a deceased worker who paid into the Social Security system, you may be eligible for benefits based on your spouse’s work history. This can be an option if you do not have enough work credits of your own. State Disability Programs: Some states offer their own disability benefits programs, which may have different eligibility requirements than SSDI. It’s worth exploring state-level programs if you are not eligible for federal benefits. Tips for Strengthening Your SSDI Application Whether you have a strong work history or gaps in your employment, there are steps you can take to strengthen your SSDI application: Gather Comprehensive Medical Evidence: Medical evidence is critical to your SSDI claim. Ensure that you have detailed and up-to-date medical records that document your condition, treatment history, and how your disability affects your ability to work. Provide a Detailed Work History: Include a detailed work history with your application, listing all jobs you’ve held, the duties you performed, and the dates of employment. This information helps the SSA assess your eligibility based on your work credits. Work with an Attorney: An experienced SSDI attorney can help you navigate the complexities of the application process, gather the necessary documentation, and present a strong case for benefits. They can also assist you with appeals if your initial application is denied. Consider Alternative Benefits: If you do not qualify for SSDI, explore other benefits programs, such as SSI or state disability benefits, to ensure that you receive the financial support you need. Conclusion Your work history is a critical factor in determining your eligibility for Social Security Disability benefits. Understanding how work credits are calculated and how recent work history impacts your claim can help you better prepare your application and improve your chances of approval. If you’re considering applying for SSDI and have questions about your work history or eligibility, the attorneys at Wood & Carlton, P.C. are here to help. With extensive experience in Social Security Disability cases, we can guide you through the application process, address any concerns about your work history, and advocate for your right to benefits. Contact us today to schedule a consultation and learn more about how we can assist you.

The Importance of Seeking Legal Representation After a Workplace Injury in Mississippi

February 5, 2026
The Importance of Seeking Legal Representation After a Workplace Injury in Mississippi Suffering a workplace injury can be a life-altering experience. The pain and stress of dealing with an injury are often compounded by the complexities of the workers' compensation system. Navigating this system alone can be challenging, and even minor mistakes can lead to delays or denials of benefits that are crucial to your recovery. This is where the importance of seeking legal representation comes into play. In this blog, we’ll explore why hiring an experienced workers' compensation attorney after a workplace injury in Mississippi is essential, how an attorney can help you secure the benefits you deserve, and what to consider when choosing the right legal representation for your case. Why Legal Representation Matters The workers' compensation system in Mississippi is designed to provide financial and medical benefits to employees who are injured on the job. However, the process of obtaining these benefits is not always straightforward. Here are some key reasons why legal representation is crucial: Understanding Complex Laws and Procedures: Workers' compensation laws can be complex and vary from state to state. Understanding the specific requirements and procedures in Mississippi is essential to filing a successful claim. An experienced attorney is well-versed in these laws and can guide you through the process, ensuring that you meet all deadlines and comply with all legal requirements. Protecting Your Rights: After a workplace injury, it’s common for insurance companies to attempt to minimize their liability by offering lower settlements or denying claims outright. Without legal representation, you may not fully understand your rights and may accept an offer that doesn’t cover all your expenses. An attorney will protect your rights and advocate on your behalf to ensure you receive the full benefits to which you are entitled. Handling Denied Claims: Unfortunately, not all workers' compensation claims are approved on the first attempt. If your claim is denied, you have the right to appeal the decision. However, the appeals process can be complicated and time-consuming. An attorney can help you gather additional evidence, file the necessary paperwork, and represent you at hearings to improve your chances of a successful appeal. Maximizing Your Benefits: Workers' compensation benefits can include medical treatment, wage replacement, and compensation for permanent disabilities. An attorney can help you accurately calculate the full extent of your benefits and ensure that you receive the maximum compensation available under the law. Navigating Employer Retaliation: Some employees worry about the potential for retaliation from their employer after filing a workers' compensation claim. It’s important to know that Mississippi law protects workers from being fired, demoted, or otherwise retaliated against for seeking workers' compensation benefits. If you experience retaliation, an attorney can help you take legal action to protect your job and secure additional compensation. How an Attorney Can Help with Your Workers' Compensation Claim An experienced workers' compensation attorney provides valuable support at every stage of the claims process. Here’s how an attorney can assist you: Initial Consultation and Case Evaluation: During an initial consultation, an attorney will evaluate the details of your case, explain your legal rights, and provide guidance on the best course of action. They will help you understand what benefits you are entitled to and whether you have a strong case for additional compensation. Filing the Claim: The process of filing a workers' compensation claim involves completing various forms, submitting medical documentation, and adhering to strict deadlines. An attorney will ensure that your claim is filed correctly and on time, reducing the risk of delays or denials due to paperwork errors. Gathering Evidence: Strong evidence is essential for a successful workers' compensation claim. An attorney will help you gather the necessary documentation, including medical records, accident reports, and witness statements. They can also work with medical experts to provide additional testimony or evidence to support your claim. Negotiating with Insurance Companies: Insurance companies often try to settle claims quickly and for as little money as possible. An attorney will negotiate on your behalf to ensure that any settlement offer is fair and covers all your medical expenses, lost wages, and other costs related to your injury. Representing You in Hearings and Appeals: If your claim is denied or if there is a dispute over your benefits, you may need to attend a hearing before the Mississippi Workers' Compensation Commission. An attorney will represent you at these hearings, presenting evidence and arguing your case to secure the benefits you deserve. If necessary, they can also help you file an appeal and continue the fight for your rights. Assisting with Permanent Disability Claims: If your injury results in a permanent disability, you may be entitled to additional compensation. An attorney can help you navigate the process of claiming permanent disability benefits, ensuring that your disability is properly assessed and that you receive the appropriate compensation. Choosing the Right Workers' Compensation Attorney Selecting the right attorney is a critical step in ensuring the success of your workers' compensation claim. Here are some factors to consider when choosing legal representation: Experience and Expertise: Look for an attorney with extensive experience in workers' compensation law, particularly in Mississippi. An attorney who specializes in workers' compensation will be familiar with the nuances of the law and the specific challenges that injured workers face. Track Record of Success: Consider the attorney’s track record in handling workers' compensation cases. Look for an attorney who has successfully secured benefits for their clients and has experience with cases similar to yours. Client Reviews and Testimonials: Client reviews and testimonials can provide valuable insight into an attorney’s reputation and the quality of their service. Look for positive reviews that highlight the attorney’s communication skills, dedication, and ability to achieve favorable outcomes. Personalized Attention: Choose an attorney who is committed to providing personalized attention to your case. You want an attorney who will take the time to understand your unique situation, answer your questions, and keep you informed throughout the process. Clear Communication: Effective communication is key to a successful attorney-client relationship. Look for an attorney who is responsive, transparent, and willing to explain legal concepts in a way that is easy to understand. Fee Structure: Most workers' compensation attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Be sure to discuss the attorney’s fee structure upfront and understand how they will be compensated for their services. Conclusion Seeking legal representation after a workplace injury in Mississippi is crucial to ensuring that your rights are protected and that you receive the full benefits you are entitled to. An experienced workers' compensation attorney can guide you through the complex legal process, handle negotiations with insurance companies, and represent you in hearings or appeals if necessary. If you’ve been injured at work and need help with your workers' compensation claim, the attorneys at Wood & Carlton, P.C. are here to assist you. With a deep understanding of Mississippi workers' compensation law and a commitment to securing the best possible outcomes for our clients, we can provide the legal support you need during this challenging time. Contact us today to schedule a consultation and learn more about how we can help you with your workers' compensation claim.