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How to Avoid Sabotaging Your Claim for Compensation

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 5, 2026

Read Time: 5 mins

If you hire an attorney, they will do the heavy lifting of investigating and building your case. However, there are several mistakes that victims often make that can sabotage their claim for compensation.

Do Not Make These Mistakes

Not calling the police. Not only are you required by law to do so if anyone was injured, but when the police file an accident report, that helps establish what happened and which party was at fault. Not having a police report means the defendant can attack your claim for lack of credibility.

Not documenting evidence and details at the scene of the accident. Assuming you are physically capable of doing so in the aftermath of the accident, you need to document or take pictures of any injuries sustained by you or others. In addition, take photos of property damage, road or weather conditions, and road hazards. It is also helpful to gather the contact information for any eyewitnesses to the accident, as their account of what happened may help you prove your case.

Not immediately seeking medical attention. This is crucial, and many people fail to do this because they “feel fine” minutes after the accident. However, it is essential to realize that your body is filled with adrenaline after an accident, so you may begin feeling pain later that day, even if you feel fine now. If you delay seeking medical attention, the defendant will use that to call into question the veracity or severity of your injuries or even express doubt that your injuries were caused by this accident.

Admitting to the insurance company that you may have been partially responsible for the accident. Not only could this hurt the value of your claim, but it may turn out that you were not at fault at all. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we suggest you consult with a car accident lawyer before speaking with the insurance company.

Stopping medical treatment before you have been advised to do so by a medical professional. You may think you are better, or your physical therapy may be burdensome or inconvenient. But if you stop medical treatment before you are healed, the defendant will make the argument that you are no longer injured, which may limit the amount of your financial compensation.

Publishing information that may harm your claim on social media. This includes discussing your accident, your injuries, or the recovery process. It also includes posting updates, check-ins, pictures, or videos that may contradict what you are claiming about the severity of your injuries.

For example, you may be upset in the hours or days following the accident and may feel compelled to post details. One seemingly innocent word or phrase can easily be misconstrued. Another example is that you post an update that mentions feeling great three days after the accident. This might also contradict the alleged severity of your injuries.

Lastly, some victims will post pictures or videos–or be tagged in them– that show them out and about engaging in physical activities. If you claim that you can barely walk due to your neck and spine injuries, yet you post a video of you dancing with friends, you can rest assured that the defendant will attempt to use that against you.

Acting or behaving in ways that are contrary to what you are claiming. The more severe your injuries are, the more your case is potentially worth. It is also more likely the defendant will hire a private investigator to follow you. If you are frequently seen working out at the gym or going out with your friends, you can understand how quickly that can diminish your credibility.

Accepting the first settlement offer that is proposed. Our car accident attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. fully understand how tempting it can be to accept any offer and pocket some cash immediately, especially when your medical bills are piling up. However, your claim is likely worth much more than what that offer represents. If you accept this lowball offer, then you may be costing yourself and your family hundreds of thousands– or even millions– of dollars. An experienced New York car accident lawyer can help you determine what is a fair settlement.

Consult with an Experienced Attorney

If you are injured in an accident, it is important that you take the proper steps to ensure that you achieve justice and fair financial compensation. Since 1975, our personal injury attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have been standing up for our injured clients, and we have recovered millions of dollars on their behalf. We are big enough to do it all and small enough to care.

If you have questions about how to avoid sabotaging your claim for compensation, call us today to book a free case review. Our clients never receive a bill from us unless they win their case.

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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How to Avoid Sabotaging Your Claim for Compensation

Do Not Make These Mistakes

Consult with an Experienced Attorney

Why Trust Us?

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