Towson Personal Injury Claims: Avoid These Costly Errors

1) Waiting too long to document what happened

Evidence can become harder to obtain quickly (for example, a business’s security video may be overwritten on a routine schedule, vehicles get repaired, and witnesses may be difficult to locate later). A common mistake is assuming a police report or an insurance adjuster will capture everything important.

What to do instead

• Photograph the scene, hazards, vehicle positions, and visible injuries.
• Get names and contact information for witnesses.
• Preserve relevant items when feasible (for example, shoes after a slip-and-fall, damaged property, packaging for a suspected defective product).
• Write down what you remember while it’s fresh (pain/symptoms, weather, lighting, what was said).

2) Giving a recorded statement (or signing authorizations) too early

Insurers commonly request recorded statements soon after an incident. People may speak before they fully understand their injuries or the key facts. Later, small inconsistencies can be used to dispute fault or minimize damages. Another frequent issue is signing very broad medical record authorizations that allow the insurer to request large volumes of unrelated history.

What to do instead

• Provide basic identifying information and cooperate reasonably, but consider getting legal advice before giving a recorded statement.
• Be cautious with blanket authorizations; targeted, relevant records are often enough.
• If you do speak, stick to facts you know and avoid guessing or speculating.

3) Downplaying injuries or delaying medical care

Some injuries (including concussions and certain neck/back or soft-tissue injuries) may not feel severe immediately. Delays in treatment can create arguments that you were not seriously hurt or that something else caused your symptoms.

What to do instead

• Get evaluated promptly if you have pain, dizziness, numbness, head impact, or limited motion.
• Follow recommended treatment and keep appointments (or document why you could not).
• Be accurate and consistent about symptoms—avoid both exaggeration and minimizing.

4) Not tracking medical bills, lost wages, and out-of-pocket costs

A strong claim typically requires proof of damages. People often focus on the first ER/urgent-care visit and overlook later costs like prescriptions, copays, mileage, medical devices, and time missed from work.

What to do instead

• Keep one folder (digital or paper) for bills, receipts, and visit summaries.
• Ask your employer to document missed time and lost earnings.
• Keep notes on day-to-day impact (sleep, driving, childcare, hobbies), which may matter when evaluating non-economic damages.

5) Posting on social media (or letting others post for you)

Posts, photos, and comments can be taken out of context. In litigation, some social media content may become relevant and potentially obtainable through the legal process depending on the circumstances.

What to do instead

• Assume anything you post could be seen by the insurance company or used in a dispute.
• Avoid discussing the accident, your injuries, or your activity level while the claim is pending.
• Ask friends and family not to tag you or post about your condition.

6) Missing notice requirements or filing deadlines

Maryland has a general civil statute of limitations that applies to many personal injury cases, and separate, strict notice requirements may apply when a local government or the State may be involved. Missing these time requirements can jeopardize an otherwise valid claim.

Key Maryland sources

• General civil limitations period (often three years): Md. Code, Courts & Judicial Proceedings § 5-101.
• Local Government Tort Claims Act (LGTCA) notice requirement: Md. Code, Courts & Judicial Proceedings § 5-304.
• Maryland Tort Claims Act (MTCA) State notice requirement: Md. Code, State Government § 12-106.
• MTCA limitations provision: Md. Code, State Government § 12-104.

What to do instead

• Identify all potentially responsible parties early (drivers, employers, property owners/managers, contractors, and any governmental entities).
• Get legal guidance promptly when government property, a public employee, or a public vehicle may be involved.

7) Ignoring fault issues and making damaging admissions

Liability disputes are common. Even well-intended statements (apologies, “I didn’t see it,” “I’m fine,” or “It was my fault”) can be interpreted against you later. Maryland also follows the contributory negligence rule in many contexts, meaning certain findings of plaintiff fault can bar recovery.

Authority: Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013) (discussing Maryland’s contributory negligence doctrine).

What to do instead

• Be polite and cooperative, but avoid speculating about fault.
• If you are injured, say so and seek medical attention.
• Give accurate information to police and medical providers, sticking to observable facts.

8) Accepting an early settlement without understanding future needs

Early settlement offers can arrive before treatment is complete or the long-term impact is known. Once you sign a release, it commonly limits (and may end) your ability to seek additional compensation later for the same incident.

What to do instead

• When possible, avoid settling until the medical picture is clearer.
• Consider likely future care (therapy, follow-up imaging, specialist visits).
• Evaluate work impact beyond current missed time (restrictions, reduced capacity, job changes).

9) Failing to preserve key third-party evidence

Some of the strongest evidence may be controlled by others (business surveillance footage, incident reports, maintenance logs, vehicle data, or other records). If no preservation request is made, relevant materials may be lost in ordinary course.

What to do instead

• Promptly request preservation of video and incident records from businesses or property managers.
• Document where cameras were located and who controls them.
• If a product defect or dangerous condition is suspected, preserve and document it as safely as possible.

10) Trying to handle complex claims alone

Some matters are straightforward; others involve multiple defendants, disputed causation, serious injuries, or government-related procedures. In complex cases, self-management can lead to undervaluation or missed procedural steps.

What to do instead

• Get an early case assessment focused on liability theories, available insurance, and likely obstacles.
• If you do not hire counsel, at least seek guidance on documentation, communications, and evidence preservation.

When to talk to a lawyer

Consider getting legal advice promptly if any of the following apply:

• You were transported by ambulance, had a head injury, fracture, surgery, or persistent symptoms.
• Fault is disputed, or you were cited.
• A government entity or public property may be involved.
• The insurer requests a recorded statement or broad medical authorizations.
• You are offered a settlement before you finish treatment.

Next step: If you want help protecting evidence and understanding deadlines, contact us for a consultation.

FAQ

Do I have three years to file a personal injury lawsuit in Maryland?

Many Maryland personal injury claims are subject to a three-year limitations period, but exceptions can apply and shorter notice rules may apply for government-related claims. See Md. Code, Courts & Judicial Proceedings § 5-101.

What if a county, city, or other local government is involved?

Special notice requirements may apply. For example, the Local Government Tort Claims Act has specific notice rules. See Md. Code, Courts & Judicial Proceedings § 5-304.

What if the State of Maryland is involved?

Claims involving the State can have separate procedures and deadlines under the Maryland Tort Claims Act. See Md. Code, State Government § 12-106 and Md. Code, State Government § 12-104.

Can I recover if I was partly at fault in Maryland?

Maryland applies contributory negligence in many contexts, which can bar recovery if the injured person is found negligent. See Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013).

Maryland disclaimer

This article is general information, not legal advice, and does not create an attorney-client relationship. Deadlines and notice requirements can differ based on facts (including whether a local government or the State is involved). For advice about your specific situation in Maryland, consult a qualified Maryland attorney.