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3 Mistakes to Avoid After a Brain Injury

3 Mistakes to Avoid After a Brain InjuryThe top three mistakes to avoid after a brain injury are not getting medical care right away, accepting the insurer’s settlement offer too quickly, and not consulting a Long Island brain injury lawyer about your rights. You might still have a case if you make one of these or other mistakes, but the road to financial recovery would likely be much more difficult. Our legal team urges you to make things easier on yourself by getting support in the form of legal representation as soon as possible.
Edward Friedman
REVIEWED BY Edward Friedman November 18, 2025
In This Article
Reading time: 5 minutes
  1. Mistake #1: Not Getting Treatment for Your Injury
  2. Mistake #2: Accepting a Settlement Too Quickly After a Brain Injury
  3. Mistake #3: Not Hiring a Brain Injury Lawyer
  4. Other Mistakes to Avoid After a Brain Injury
  5. We Will Ensure You Avoid These Mistakes After a Brain Injury

Mistake #1: Not Getting Treatment for Your Injury

Brain injuries should always be taken seriously. Whether you suffered a concussion (which is classified as a mild traumatic brain injury) or were denied oxygen for a period of time (as often happens in swimming pool accidents), the only way to know for sure if you have brain damage is by consulting a physician who will:
  • Run diagnostic tests
  • Monitor you for changes in symptoms
  • Recommend treatments to address, minimize, or prevent symptoms
  • Create a long-term treatment plan
With brain injuries, it is often best to go to the emergency room directly from the accident scene. As the National Institute of Neurological Disorders and Stroke (NINDS) explains, some brain injuries do not become apparent until days or weeks after the fact, so you might not realize how badly you are injured right away. The sooner you are under a doctor’s care, the better. Once you see a doctor, it is very important that you continue treatment for as long as they say it is necessary. With brain injuries, treatment might include:
  • Occupational therapy, physical therapy, and other forms of therapy
  • Surgery
  • Hospital stays
  • Psychiatric care
Stopping treatment too soon or ignoring your doctor’s suggestions could put your health at risk. It could also convince an insurance company that your injuries are not that severe and that you do not deserve as much compensation. If you are concerned about the cost of treatment, know that you have the right to seek reimbursement through a legal action.

For a free legal consultation, call (516) 932-0400

Mistake #2: Accepting a Settlement Too Quickly After a Brain Injury

Insurance companies are known for acting quickly after an accident, especially if that accident resulted in catastrophic, potentially costly injuries. This is not because they are looking out for your interests. Their goal is to:
  • Pay as little as possible
  • End your case quickly
  • Get you to settle before you understand your case’s real value
You should not accept any settlement offers or even speak with the insurer until we have had a chance to:
  • Look into your case
  • Assess how serious your injuries are
  • Determine what effect your traumatic brain injury and other losses will have on the rest of your life
This way, you will be confident that you are asking for—and accepting—an appropriate amount. If you do accept an early settlement, and if it turns out that the settlement is not enough to cover all of your medical and other needs, you probably will not be able to ask for more money. This is why it is so important to understand your case’s value up front before having any serious discussions with the insurer.

Mistake #3: Not Hiring a Brain Injury Lawyer

Whether you suffered a brain injury or are trying to assist an injured loved one, it is often hard to focus on legal matters after an accident. Brain injuries make it especially difficult to represent yourself because they often cause:
  • Confusion
  • Memory problems
  • Difficulty concentrating
When you are in pain or distracted by a loved one’s suffering, it is all too easy to make one of the mistakes to avoid after a brain injury. Fortunately, there is a straightforward way to avoid unnecessary errors, and that is by hiring an attorney. It is our legal team’s job to take care of everything for our clients, including:
  • Keeping you updated on your case’s progress
  • Identifying all liable parties, whether they are a vehicle driver, a property owner, a company, or someone else
  • Communicating with all other parties, which includes receiving phone calls, sending demand letters, and negotiating for a settlement
  • Collecting evidence like police reports, witness testimony, and medical records
  • Determining your case’s worth by considering past, present, and probable future losses

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Other Mistakes to Avoid After a Brain Injury

The errors discussed above are potentially the most serious mistakes you could make. Other missteps include:
  • Not collecting evidence from the scene: Accident scenes change quickly, so taking photos of your injuries and the hazards at the scene could support your case. So could getting the at-fault party’s contact and insurance information and, in a motor vehicle accident case, most importantly, their license plate number.
  • Not saving relevant materials: Do not throw away bills, receipts, communications from the insurer or your employer, or anything else that has a bearing on your case.
  • Posting about the accident on social media: Even a seemingly innocent picture or phrase could give the insurance company material to use against you, so do not post anything without approval from your legal representative.
While you should avoid making these errors if possible, there could be ways to work around them:
  • Our team will still collect evidence from the scene and obtain important information from the police’s accident report.
  • We will reach out to other parties you communicated with, such as your doctor, to see if they have copies of their correspondence with you.
The earlier in the legal process you get legal assistance, the less likely it is that you will make a serious mistake, and the easier it might be to secure the damages you need.

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We Will Ensure You Avoid These Mistakes After a Brain Injury

While no two cases are the same, all too many accident victims make the same mistakes, and it ends up costing them. To learn more about what mistakes to avoid after a brain injury, call Friedman & Simon, L.L.P., today for a free consultation. We will pursue your case aggressively yet compassionately.

Call or text (516) 932-0400 or complete a Free Case Evaluation form