How to Lose Your Personal Injury Case Before You Even File

 Posted on February 11, 2026 in Personal Injury

Every year, thousands of people accidentally damage their personal injury claims before they even hire a lawyer. These early mistakes can cost you tens of thousands of dollars in compensation, or even destroy your case completely. If you were injured in an accident in 2026, what you do next could make the difference between getting what you need and walking away with nothing at all.

Many people make these errors without realizing the damage they are causing to their own case. This makes understanding what not to do just as important as knowing what you should do. Our Woodbridge, VA personal injury lawyer works with all kinds of personal injury cases, no matter the value. We are here to help. 

What Early Mistakes Do People Make in Their Personal Injury Cases?

The period right after an accident is the most important for finding evidence and information that supports a personal injury case. Unfortunately, this is also when people are most likely to make mistakes that hurt their claim. Three mistakes stand out as the most damaging to personal injury cases.

Giving a Recorded Statement to the Insurance Company

The other driver's insurance company will often call you within hours or days of your accident. They sound friendly and concerned. They say they just need to get your side of the story, and may even apologize for the accident. Then they ask if you can give a recorded statement about what happened.

This is a trap. Insurance adjusters are trained to ask questions designed to get you to say things that hurt your case. They might ask how you’re doing or how you feel, hoping you will say you feel fine even though your injuries have not fully developed yet. 

You have no legal obligation to give a recorded statement to the other driver's insurance company. You only need to cooperate with your own insurance company as required by your policy.

Choosing the Wrong Type of Lawyer

Not all lawyers handle personal injury cases the same way, and some attorneys don’t handle personal injury cases on a regular basis. When an attorney specializes in personal injury cases, they are generally going to have the knowledge and experience that is most beneficial to potential clients.

Family friends, lawyers who practice in other areas, and even people you trust who are attorneys don’t necessarily know what they need to know to win a personal injury case. Personal injury cases have tight deadlines, including the two-year statute of limitations under Code of Virginia § 8.01-243. Each case requires a strategic plan to maximize compensation. A far better option is to work with an experienced personal injury attorney who can guide you throughout your case. 

For example, our personal injury attorney prepares our clients on how to testify in court, including what to wear and how to behave. We know how to evaluate injuries so we can ask for the right amount of money. We will help you handle complicated aspects of your case, like during the discovery process, as well as the simple parts, like showing up to court on time. 

Not Handling Your Medical Treatment Correctly 

How you handle your medical care after an accident directly affects your claim's value. Going to the emergency room once and then waiting weeks to see a doctor creates obvious gaps in your treatment. These gaps let insurance companies argue that your injuries were not serious or that something else is causing you pain.

Telling your doctor you feel fine when you actually hurt also damages your case. This is not the time to be tough just for the sake of being tough. Your medical records need to accurately reflect your pain, limitations, and symptoms. If your records say you are doing well, the insurance company will use those records against you even if you were just trying to stay positive.

What Can You Do to Improve the Odds of Your Personal Injury Case's Success?

Say No to Recorded Statements

Politely decline to give any recorded statement to the other driver's insurance company. You can just say you want to talk to a lawyer first. 

Get Immediate Medical Care

See a doctor as soon as possible after your accident, even if you do not think you are seriously hurt. Many injuries like whiplash, concussions, and soft tissue damage do not show symptoms right away. Early medical documentation creates a clear link between the accident and your injuries.

Follow all of your doctor's treatment recommendations. Go to every appointment. Be honest about your pain and limitations. Ask your doctor to note everything in your records.

Document Everything

Take photos of your injuries, vehicle damage, and the accident scene if possible. Keep all medical bills, pharmacy receipts, and records of missed work. Write down how your injuries affect your daily life. This evidence becomes crucial when proving your damages. 

Choose a Personal Injury Lawyer Who Goes to Court

Find a lawyer who has actually tried personal injury cases in front of juries. Insurance companies pay more when they know your lawyer is willing and able to take your case to trial. 

Contact a Prince William County, VA Personal Injury Attorney Today

The decisions you make in the hours and days after an accident can determine the outcome of your personal injury case. Avoid simple, common mistakes by working with a Woodbridge personal injury lawyer who knows what to do. 

Whitlock Law has recovered over 50 million dollars for clients and is willing to take your case to court if the insurance company will not offer a fair settlement. Call Whitlock Law at 703-576-5005 for a free consultation about your case.