By Dustin S. Fox, Owner of DFox Law, PLLC

In my years of practicing personal injury law, 2024 has stood out as a year where I encountered several recurring legal mistakes that drastically impacted the outcomes of potential cases. These are mistakes that could have been avoided with the right guidance and knowledge. If you’ve been involved in a personal injury accident, understanding these common missteps can make all the difference in your ability to secure fair compensation. Here are the top five legal mistakes I saw in 2024 and what you can do to avoid them.

1. Settling the Case Without Knowing It

One of the most frustrating scenarios I’ve encountered is when potential clients come to me after unknowingly settling their case. Often, they’ve signed something from the insurance company before seeking legal advice, agreeing to a settlement far below what their case is worth. For example, I had one case where a client accepted $2,500 from the insurance company, even though the case was easily worth $30,000 or more. Signing these agreements without fully understanding the consequences can close the door to fair compensation. My advice: never sign anything from an insurance company without consulting a personal injury attorney first.

2. Seeking Legal Help Too Late

Another common issue is when clients wait too long to seek legal representation. Some have already paid their medical bills out-of-pocket instead of using a letter of protection (LOP), which allows medical providers to defer payment until the case is settled. Without an LOP, I can’t negotiate with medical providers to reduce the bills, which is a significant advantage of having an attorney. By delaying legal assistance, clients lose valuable opportunities to protect their finances and strengthen their case. The sooner you consult an attorney, the better your chances of a successful outcome.

3. Giving a Recorded Statement Without Legal Guidance

Recorded statements are another pitfall. Insurance companies often request statements from claimants shortly after an accident, and these statements can be used against them. Many potential clients unknowingly make statements that harm their case, downplaying their injuries or inadvertently admitting fault. Always remember that insurance adjusters are not on your side—they are trained to minimize payouts. Never provide a recorded statement without consulting a personal injury lawyer first.

4. Lacking Proper Insurance Coverage

The importance of adequate auto insurance cannot be overstated. Many potential clients either didn’t have uninsured/underinsured motorist (UM/UIM) coverage or lacked sufficient personal injury protection (PIP) coverage. In Texas, where the Texas Department of Motor Vehicles estimates that 20% of drivers are uninsured, UM/UIM and PIP coverage are essential. These policies protect you when the at-fault driver is uninsured or underinsured and can also cover medical expenses and lost wages. Reviewing and updating your auto insurance policy can save you significant financial and legal headaches in the future.

5. Failing to Seek Immediate Medical Treatment

Lastly, one of the most critical mistakes is failing to seek immediate medical attention after an accident. Potential clients often come to me weeks or even months after an accident, complaining of persistent pain but with no medical documentation to support their claim. This delay, known as a “gap in treatment,” weakens the case because medical records are the foundation of a personal injury claim. Without them, I have no evidence to substantiate the client’s injuries or tell their story effectively. If you’re injured, see a doctor immediately and follow through with recommended treatment to avoid gaps.

Avoiding These Legal Mistakes

The common thread in all these mistakes is a lack of knowledge about how the personal injury process works. At DFox Law, PLLC, we’re here to guide you every step of the way, ensuring you avoid these pitfalls and maximize your chances of a fair settlement. If you’ve been injured, don’t wait to seek legal help. Contact us today for a free consultation, and let’s work together to protect your rights and secure the compensation you deserve.