Common Mistakes That Kill Injury Claims in Indiana

If you’re injured in Indiana because someone else was careless, you may assume the claim process is straightforward: get treatment, file paperwork, and get compensated. In reality, many valid cases are weakened or outright derailed by preventable mistakes. 

Insurance companies look for any excuse to reduce or deny payouts, and Indiana law has a few traps that can catch people off guard. Below are the most common errors that “kill” injury claims in Indiana—and what to do instead. 

1. Waiting Too Long to Get Medical Care

Delay is one of the fastest ways to damage a claim. If you wait days or weeks to see a doctor, insurers argue your injuries weren’t serious or weren’t caused by the accident. Even if you think you’re “just sore,” get checked out right away. Some injuries—concussions, internal bleeding, soft-tissue tears—can worsen quietly. Prompt medical records also create a clean timeline tying your injuries to the incident.

What to do instead:

• Seek care the same day if possible.
  
  

• Follow up consistently.
  
  

• Stick to the treatment plan.
  
  

• Gaps in care look like you recovered—or that something else caused your condition.
  
  

2. Missing Indiana’s Filing Deadlines

Indiana generally gives injury victims two years from the date of the accident to file a lawsuit. Miss that window and your claim is usually dead, no matter how strong the evidence is. There are special rules for claims involving government entities, minors, or medical malpractice, and those deadlines can be much shorter.

What to do instead:

• Treat the clock like it’s ticking from day one.
  
  

• Don’t rely on a “maybe we’ll settle” mindset.
  
  

• You want legal leverage available before any deadline closes.
  
  

3. Giving a Recorded Statement Too Early

After an accident, insurers often ask for a recorded statement. They may sound friendly, but their goal is to lock you into wording they can later use against you. People frequently downplay pain, guess at details, or say things that sound like blame. Once it’s recorded, it’s hard to take back. If you are unsure, just direct the insurance company to speak to your Indianapolis personal injury lawyer. 

What to do instead:

• Don’t give a recorded statement without advice.
  
  

• Wait until you understand your injuries and have reviewed the facts.
  
  

• Your words matter more than you think.
  
  

4. Posting on Social Media

A smiling photo at a family event or a casual post like “feeling better today” can be twisted into evidence that you’re not really hurt. Private accounts aren’t safe either; insurers can subpoena content or see what friends share.

What to do instead:

• Go quiet online while your claim is active.
  
  

• Ask friends not to tag you or post about your recovery.
  
  

• If it can be screenshot, it can be used against you.
  
  

5. Failing to Document the Accident and Recovery

Indiana claims are evidence-driven. If you don’t capture the scene, collect witness info, and preserve records, your case becomes your word versus theirs. Over time, memories fade, footage gets deleted, and physical evidence disappears.

What to do instead:

• Take photos and video if you’re able.
  
  

• Get witness names and numbers.
  
  

• Keep every bill, receipt, prescription record, and missed-work note.
  
  

• Track symptoms and limitations in a simple daily journal.
  
  

• The clearer the paper trail, the harder it is to deny.
  
  

6. Accepting the First Settlement Offer

Early offers are rarely fair. Insurers often lowball before the full extent of injuries is known, hoping you’ll take quick cash. Once you sign a release, you can’t go back for more—even if you later need surgery or long-term rehab.

What to do instead:

• Don’t settle until your doctor can predict future care needs.
  
  

• Make sure your damages include long-term risks and costs.
  
  

• Quick money can become expensive regret.
  
  

7. Skipping Follow-Up Care

People stop going to therapy because they’re busy, copays pile up, or they’re frustrated. Insurers love this. They argue that if you quit treatment, you must not be that hurt—or you’re choosing not to recover.

What to do instead:

• If treatment isn’t helping, talk to your provider and adjust.
  
  

• Don’t just stop showing up.
  
  

• If cost is an issue, discuss options with your legal team.
  
  

• Consistency is credibility.
  
  

8. Underestimating Comparative Fault

Indiana uses a modified comparative fault rule: if you’re found 51% or more at fault, you recover nothing. Even if you’re under that threshold, your compensation drops by your percentage of blame. Insurers aggressively push fault onto victims to shrink payouts.

What to do instead:

• Don’t apologize or speculate at the scene.
  
  

• Be careful with how you describe what happened.
  
  

• Fault is a legal conclusion, not a reflex.
  
  

9. Misjudging What Your Claim Is Worth

Many people focus only on hospital bills. But Indiana law can allow recovery for pain and suffering, lost future earning ability, disability, disfigurement, and changes to daily life. If you don’t know what’s compensable, you may accept far less than you need.

What to do instead:

• Get a complete damage assessment that includes future impact.
  
  

• Today’s bills are only part of the story.
  
  

10. Trying to Handle Everything Alone

You’re healing, working, juggling family, and fighting an insurance machine built to outlast you. Claims die because people miss deadlines, overlook evidence, or negotiate while still hurting and stressed. Adjusters do this every day; most injury victims don’t.

What to do instead:

• Get guidance early, before minor errors snowball.
  
  

• Even a short consult can prevent a fatal misstep.
  
  

How Eskew Law Helps You Avoid These Traps

Eskew Law approaches injury claims with one goal: to protect the evidence, preserve your rights, and drive the claim based on facts—not insurance pressure. From coordinating medical documentation to pushing back on fault-shifting tactics, the right legal support keeps your case on track and positioned for a fair outcome. 

If you’ve been injured, the safest move is to talk to someone before the insurer defines the story for you. The earlier you avoid these mistakes, the stronger your claim will be.