You were hit hard, possibly in a truck accident, car crash, fall, or another type of accident. Now you're dealing with symptoms that won’t go away: headaches, dizziness, memory lapses, mood swings, and more. You know something’s wrong, but you’re not sure what to do next, or how to make sure someone’s held accountable.
A Dallas brain injury lawyer can help you protect your rights from day one. But the wrong move—like skipping a doctor’s visit or talking to an insurance adjuster—can seriously damage your case. This guide breaks down the most common mistakes people make after a brain injury and how to avoid them.
Why Does What You Do After a Brain Injury Matter So Much?
Insurance companies don’t pay because something feels wrong. They demand documentation, consistency, and proof that someone else is to blame. Every missed appointment or careless social media post gives them a reason to say no.
Brain injuries often involve:
- Invisible symptoms. Unlike broken bones, brain trauma isn’t always visible on scans.
- Delayed effects. Some symptoms don’t appear until days or weeks later.
- Credibility issues. Victims may seem “fine” on the surface, making claims more challenging to prove.
That’s why minor missteps can snowball into big problems. Below are some of the most damaging ones.
Ten Common Mistakes in Brain Injury Cases
It can be difficult to predict how your actions may impact settlement negotiations or court proceedings. However, there are some common mistakes that you can avoid, including:
- Not seeing a doctor right away. Delaying medical care can make it look like you weren’t seriously hurt. If brain injury symptoms don’t show up immediately, go to the ER or urgent care as soon as you have a headache, notice changes in your memory, mood, speech, or coordination, or have any other symptoms.
- Not telling your doctor about all of your symptoms. Many people downplay symptoms like brain fog or emotional swings. But if they’re not documented, they don’t “exist” in your case. Be honest—even if it feels uncomfortable or embarrassing.
- Missing medical appointments. Failing to follow up with treatment can weaken your case. It tells the insurance company, “I must be better now.” Always attend appointments, follow your doctor’s instructions, and document everything.
- Talking to the at-fault party. Anything you say, including “I’m sorry,” can be twisted to sound like an admission of fault.
- Giving a recorded statement to the insurance company. Adjusters often sound friendly, but their job is to minimize payouts. They may ask misleading questions or take your words out of context. Never give a recorded statement without speaking to a brain injury lawyer first.
- Posting about your accident or symptoms online. Social media can destroy a case. A simple post about attending a party or event might be used to argue that you’re exaggerating your injury. Assume anything you post will be read—and twisted—by opposing counsel.
- Failing to gather evidence. Photos of the accident scene, your injuries, or damaged property can be lost forever if not captured right away.
- Returning to work too soon. Trying to “push through” pain may delay recovery and weaken your claim if it appears you’re functioning normally.
- Accepting the first settlement offer. Early offers are usually low. Once you accept, you lose the right to pursue additional compensation, even if your condition worsens.
- Not calling a Dallas brain injury lawyer soon after your accident. Your lawyer can serve as your guide through the process, help you take the necessary actions to protect your rights, value your case, help you avoid costly mistakes, and reduce your stress.
Don’t Let a Mistake Cost You the Compensation You Deserve
Brain injuries can change your life, but they don’t have to ruin it. With the proper legal guidance, you can protect your rights, recover fair compensation, and focus on what matters most: getting better.