Pursuing a personal injury claim in Missouri can be a complicated and emotional process. Whether you're dealing with the aftermath of a car accident, slip and fall, workplace injury, or medical malpractice, the actions you take—or fail to take—can significantly affect the outcome of your case. Unfortunately, many people make simple but costly mistakes that weaken or derail their claims.
To help you navigate the legal process with confidence, we’ve outlined some of the most common missteps to avoid when pursuing a personal injury claim in Missouri.
Delaying Medical Treatment
One of the most damaging mistakes you can make is putting off medical treatment after an injury. Some people downplay their symptoms or hope the pain will go away on its own. However, insurance companies often interpret delays in treatment as a sign that your injuries are not serious—or were not caused by the incident in question.
Tip: Seek medical attention immediately after an accident and follow all recommended treatments and appointments. This creates a documented link between the incident and your injuries.
Failing to Document the Accident
Strong documentation is key to a successful claim. Without solid evidence, it’s your word against the other party’s—and that can weaken your case significantly.
What to Document:
- Photos of the scene, injuries, and property damage
- Witness contact information
- Police or incident reports
- Medical records and receipts
- Correspondence with insurance adjusters
Tip: Start gathering documentation as soon as possible while details are still fresh.
Talking to the Insurance Company Without Legal Advice
Insurance adjusters may seem friendly, but their main goal is to minimize the amount their company has to pay. They may ask leading questions, twist your words, or pressure you into a low settlement.
Tip: Avoid making recorded statements or signing anything without first consulting a personal injury lawyer. A qualified attorney can communicate with the insurance company on your behalf to protect your rights.
Accepting a Quick Settlement
In the aftermath of an accident, it’s natural to want to resolve things quickly—especially if you’re facing medical bills or lost income. However, accepting the first offer from the insurance company is often a mistake. These initial settlements are typically much lower than what your claim is actually worth.
Tip: Be cautious and consult with a lawyer before agreeing to any settlement. Once you accept an offer, you typically waive your right to pursue further compensation—even if your condition worsens.
Posting on Social Media
Your social media posts can be used against you. Insurance companies and defense attorneys often scour social media accounts for anything that could contradict your claim. A photo of you smiling at a barbecue or participating in a physical activity could be taken out of context and used to question the severity of your injuries.
Tip: Avoid discussing your accident, injuries, or recovery online. Ask friends and family not to tag you or post about the incident either.
Missing the Filing Deadline
Missouri has strict statutes of limitations for filing a personal injury lawsuit. In most cases, you have five years from the date of the injury to file a claim (Section 516.120, RSMo). However, exceptions exist—for example, wrongful death claims must be filed within three years.
Tip: Don’t wait until the last minute. Consult an attorney early so you can gather evidence, assess damages, and avoid procedural errors.
Underestimating Future Damages
Injury victims often overlook the long-term consequences of their injuries—such as ongoing medical care, therapy, reduced earning capacity, or permanent disability. Accepting a settlement without fully understanding your future needs can leave you undercompensated.
Tip: Work with medical professionals and your attorney to calculate not just current costs, but also future expenses and impacts.
Giving In to Pressure
Whether it’s pressure from an insurance company, employer, or even friends and family, it’s important not to rush decisions. Every case is unique, and what worked for someone else might not apply to you.
Tip: Trust your instincts, take your time, and lean on professional guidance when needed. The right legal team will help you make informed decisions based on your best interests—not anyone else’s timeline.
Not Hiring an Experienced Missouri Personal Injury Attorney
Some people try to handle their claim on their own, assuming it will save money. But without legal training, it's easy to make errors that cost you far more in the long run. An experienced Missouri personal injury attorney understands state laws, local court rules, and how to negotiate with insurers.
Tip: Look for an attorney with a track record of success in cases similar to yours. Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing unless they win your case.
At Bishop & Hayes P.C., we understand how overwhelming the claims process can be, especially when you’re trying to recover from an injury. That’s why we’re here to guide you every step of the way.
From gathering crucial evidence to negotiating with insurance companies and, if necessary, representing you in court—we take on the legal burdens so you can focus on healing. Our team is committed to protecting your rights and maximizing your compensation. If you’ve been injured due to someone else’s negligence, let us put our experience and dedication to work for you.
Contact us today to schedule a free consultation with our experienced team.