Common Mistakes in Personal Injury Claims in North Carolina

Why Personal Injury Claims Go Off Track

After an accident, most people are focused on healing, keeping up with work and family, and figuring out how to pay bills. It’s completely understandable to assume the insurance company will “do the right thing.” Unfortunately, personal injury claims often become more complicated than expected, and small missteps early on can significantly reduce the value of a claim—or even prevent recovery altogether.

In North Carolina, certain laws are especially strict, including the state’s contributory negligence rule and tight deadlines (statutes of limitation). The good news is that many common mistakes are avoidable with the right approach and timely guidance.

Below are frequent pitfalls we see in personal injury cases and practical steps you can take to protect yourself.

Mistake #1: Waiting Too Long to Get Medical Care

One of the most damaging mistakes is delaying medical treatment. People often try to “tough it out,” hoping pain will fade. Others worry about cost. But gaps in care can be used by insurers to argue:

• You weren’t really hurt, or your injuries were minor.
• Your injuries were caused by something else after the accident.
• You made your condition worse by not following medical advice.

Actionable steps:

• Get evaluated as soon as possible—urgent care, ER, or your primary doctor depending on severity.
• Tell the provider exactly what happened and where you hurt.
• Follow treatment recommendations (referrals, imaging, physical therapy).
• Keep copies of discharge instructions, diagnoses, and treatment plans.

If you’re worried about medical bills, an attorney may be able to discuss options such as health insurance, medical payment coverage (MedPay), or liens—depending on the facts of your case.

Mistake #2: Not Documenting the Accident and Your Injuries

Strong documentation can make the difference between a fair settlement and a low offer. When evidence is missing, the insurance company may dispute fault, downplay injuries, or argue that damages are speculative.

Helpful documentation includes:

• Photos/videos of the scene, vehicles, hazards, and visible injuries
• Names and contact information for witnesses
• Police or incident reports
• Medical records and bills
• Proof of missed work and lost income
• A journal describing pain levels, limitations, and recovery setbacks

Actionable steps:

• If safe, take photos immediately and again in the days after (bruising often develops later).
• Write down what you remember while it’s fresh.
• Save receipts related to the injury (medications, mileage to appointments, medical devices).

Mistake #3: Giving a Recorded Statement to the Insurance Company

Soon after an accident, an adjuster may call and ask for a recorded statement. They may sound friendly and say it’s “routine.” But recorded statements can be used to lock you into details before you fully understand your injuries or have all the facts.

Common traps include:

• Getting you to speculate (speed, distances, timing)
• Getting you to minimize symptoms (“I’m fine,” “just sore”)
• Asking questions designed to shift blame

Actionable steps:

• Politely decline to give a recorded statement until you’ve sought legal advice.
• Stick to basic facts when necessary (date, location, parties involved).
• Never guess—if you don’t know, say so.

Mistake #4: Accepting an Early Settlement Before You Know Your Prognosis

Early settlement offers can be tempting—especially when bills are coming in and you’re missing work. But early offers often fail to account for:

• Future medical treatment
• Specialist care, imaging, or surgery
• Ongoing therapy or pain management
• Lost earning capacity if you can’t return to the same job
• Long-term complications (back/neck injuries, concussions)

Once you sign a release, your claim is typically over—even if new symptoms appear.

Actionable steps:

• Wait until you have a clearer medical picture and your doctor can discuss prognosis.
• Consider whether you’ve reached “maximum medical improvement” (MMI).
• Have any release reviewed before signing.

Mistake #5: Posting on Social Media During Your Claim

Social media is one of the most underestimated risks in injury cases. Insurers and defense attorneys may monitor posts to argue you’re not as injured as claimed.

Even innocent posts can be misinterpreted:

• A smiling photo at a family event
• A short video at the gym (even if you left early due to pain)
• Comments like “Feeling better!”

Actionable steps:

• Set accounts to private, but don’t rely on privacy settings alone.
• Avoid posting about the accident, injuries, medical care, or activities.
• Don’t delete existing posts without legal guidance (deleting can create other issues).

Mistake #6: Missing Deadlines Under North Carolina Law

North Carolina has strict deadlines for filing lawsuits. In many personal injury cases, the statute of limitation is three years from the date of injury. In many wrongful death cases, it is two years from the date of death. Certain claims may have different deadlines depending on the circumstances.

If you miss the applicable deadline, you can lose the right to recover compensation—no matter how strong the facts are.

Actionable steps:

• Don’t assume you have “plenty of time.” Investigations and negotiations take time.
• Consult a lawyer early to identify the correct deadline for your situation.
• Preserve evidence promptly (videos can be overwritten; witnesses move).

Mistake #7: Underestimating North Carolina’s Contributory Negligence Rule

North Carolina is one of the few states that follows pure contributory negligence. In practical terms, this means if you are found even 1% at fault, you may be barred from recovering damages from the other party.

Insurance companies know this and often look for ways to argue:

• You were distracted
• You “should have seen” the hazard
• You didn’t act carefully enough
• You contributed to the crash or fall in some way

Actionable steps:

• Be careful about apologizing or making statements that could be interpreted as admitting fault.
• Avoid speculation when discussing the accident.
• Gather evidence that supports your version of events (photos, witnesses, reports).
• Get legal help early if fault is disputed.

Mistake #8: Not Following Medical Advice or Skipping Appointments

Insurance companies frequently argue that a person who misses appointments or stops treatment must not be injured. Even if the real reason is cost, scheduling issues, or transportation problems, gaps in treatment can weaken your claim.

Actionable steps:

• Attend appointments and keep a calendar of visits.
• If you can’t attend, reschedule promptly and document the reason.
• Tell your provider if treatment isn’t helping—don’t just stop going.
• Ask about alternative options if cost is a concern.

Mistake #9: Overlooking Damages Beyond Medical Bills

Many people assume a claim is limited to hospital bills and car repair. But depending on the case, damages may include:

• Lost wages and reduced future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent impairment or disability
• Out-of-pocket expenses (travel, prescriptions, assistive devices)

In serious injury cases, future damages can be substantial. The claim should reflect the full impact of the injury—not just what’s been billed so far.

Actionable steps:

• Track how the injury affects daily life (sleep, driving, childcare, hobbies).
• Save pay stubs and employer documentation of missed work.
• Keep receipts for all injury-related expenses.

Mistake #10: Trying to Handle a Complex Claim Without Legal Support

Some claims can be resolved without a lawsuit, but even “simple” cases can become complicated when:

• Fault is disputed
• Injuries are significant or ongoing
• Multiple vehicles or parties are involved
• A commercial vehicle or employer is involved
• The insurer raises contributory negligence
• You’re pressured to settle quickly

A lawyer can help evaluate the claim, calculate damages, gather evidence, negotiate with insurers, and—when necessary—file suit to protect your rights.

Actionable steps:

• Get a case evaluation early, especially if you suffered significant injuries.
• Bring key documents: medical records, bills, photos, report numbers, insurance info.
• Ask how the attorney will handle communication with insurers and preserve evidence.

A Practical Checklist After an Accident

If you’ve been injured in Charlotte or anywhere in North Carolina, these steps can help protect both your health and your claim:

1. Get medical care immediately and follow up as directed.
2. Report the incident (police report for crashes; incident report for premises injuries when appropriate).
3. Document everything: photos, witnesses, notes, symptoms, expenses.
4. Be cautious with insurance calls and avoid recorded statements without advice.
5. Limit social media activity and avoid posting about your condition.
6. Don’t rush to settle before you understand your prognosis.
7. Track lost wages and daily limitations to capture full damages.
8. Consult a personal injury attorney early to avoid deadline and contributory negligence pitfalls.

How Vasquez Law Firm Can Help

When you’re hurt, you deserve clear answers, responsive communication, and a plan tailored to your situation. At Vasquez Law Firm, we help clients in Charlotte and across North Carolina pursue compensation while minimizing stress—so you can focus on recovery.

If you were injured and you’re unsure what to do next, don’t wait until a mistake becomes irreversible.

Call to Action

Contact Vasquez Law Firm today to schedule a confidential consultation about your personal injury claim. We can help you understand your rights under North Carolina law, avoid common pitfalls, and take the next step toward the compensation you deserve.