What are the pitfalls in personal injury claims?
Worker's Compensation
29 April 2026
min read
There are a number of pitfalls to avoid in personal injury claims.
Personal injury claims are very complicated and there are a number of things you need to know and to watch out for. Some of these limitations include: statutory limitations, insurer investigations, incomplete medical records, social media activity, and legal costs.
Read on to find out how these pitfalls might impact on your personal injury claim.
Personal injury claims are complicated. Look out for these common pitfalls to give your claim the best chance of success.
Statutory Limitation
Statutory limitations are time frames within which a claim must be commenced. There are many different time frames for different types of injuries. For example, for workplace injuries you must notify the employer within 6 months of the injury. For motor vehicle accidents an injured person must notify the Police within 28 days of the accident and complete an Application for Personal Injury benefits claim form though SIRA within 28 days. If they fail to do this they may not be able to make a claim.
Most people believe they have a few years to make a claim so they wait until they are ready to progress with a claim. This is not the case, there are many different time limits in which to commence a claim, in fact there are too many to comment on, they range from 28 days to 12 years!
If you are not sure what time limitation applies to your claim you should contact an accredited specialist in personal injury law.
Insurer Investigations
The Insurer will appoint an investigator to speak to you and any other witnesses about your claim. The investigator is not on your side and is not impartial. They are selected and paid for by the insurer. The investigator will often only ask questions that benefit the insurance company, or they will structure your answer so it benefits the insurer and not your claim. In short, the investigators job is to “investigate” you to obtain as much dirt on you as possible.
You should never provide a signed statement to an investigator without having an experienced personal injury lawyer review the statement and approve it before it is sent to the insurer.
Treatment Providers
The insurance company will obtain a copy of your medical records. If your doctor has failed to record all details in relation to your injury, including the type of injury and its symptoms the insurance company may use this lack of information against you.
It is important to check that your doctor has thoroughly recorded details of:
- How the accident occurred
- The injuries and symptoms you have experienced
- As well as the symptoms you are currently experiencing
If your symptoms and injuries change during the life of your claim you must discuss the changes with your doctor. It is important that any changes are recorded by your doctor as the medical notes will act as evidence to support your claim.
You need to make sure your doctor understands from the beginning that the insurer will review their notes and that they should be detailed. A failure to record an injury or a gap in the notes can often prove fatal to a personal injury claim.
Beware of Social Media
Insurance companies keep tabs on your social media activity. You may inadvertently post pictures and make comments which the insurance may use against you. Posts on your social media can have a negative impact on your case. In order to be safe rather than sorry you should avoid social media during the life of your claim.
Legal Costs
It is important for you to fully understand the amount of legal costs you will be charged before you sign a cost agreement with a lawyer.
All experienced personal injury lawyers will agree to act on a “no win – no fee” conditional costs agreement basis. This means that you do not pay any legal costs until the conclusion of your claim. Under a “no win-no fee” agreement if your claim is unsuccessful you will not need to pay legal costs.
A “no win – no fee” costs agreement allows all Australian’s access to justice. “No win – no fee” legal service allows an injured person access to the justice that they rightly deserve. If your lawyer does not offer “no win – no fee” you should consider whether you should continue with them.
You might also be
interested in
Worker's Compensation
29 April 2026
min read
SIRA - Who Are They And What Do They Do?
SIRA – Who are they, and what do they do? How does SIRA help me? One of their objectives is to ensure insurers comply with their schemes' obligations.
Worker's Compensation
3 February 2026
How to Maximise Your Workers’ Compensation Claim After a Building-Site Accident in NSW
Have you suffered a
serious injury
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients
Are Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.