When someone is injured because of another person’s negligence, the last thing they need is for avoidable mistakes to weaken their personal injury claim. These cases often unfold during some of the most stressful chapters of a person’s life—painful recovery, missed work, mounting medical bills, and uncertainty about what comes next. At Bulman, Jones & Cook PLLC, we help injured people across Missoula and Western Montana understand their rights, avoid costly missteps, and pursue fair compensation with confidence.

What a Personal Injury Claim Really Is

A personal injury claim is a legal process that allows someone who was injured to seek compensation from the person or business responsible for causing harm. This can arise from car crashes, motorcycle collisions, pedestrian accidents, workplace incidents involving third parties, unsafe property conditions, defective products, and more.

At its core, a personal injury claim requires showing three things:

1. Duty of Care: The at-fault party had a responsibility to act safely or reasonably.

2. Breach of Duty: They failed to meet that responsibility (for example, by speeding, running a red light, leaving ice on a walkway, or manufacturing a faulty product).

3. Damages: You suffered physical, financial, or emotional harm as a result.

When these elements are supported with strong evidence, a claim is more likely to result in a fair settlement or trial verdict.

Why These Mistakes Matter

Too many people assume their case is straightforward because they “did nothing wrong.” Unfortunately, insurance companies work hard to minimize payouts, and even simple mistakes can undermine an otherwise solid claim.

Financial Impact: Mistakes can lead to denied claims, reduced compensation, or delays in receiving funds you may urgently need for medical care or lost wages.

Legal Impact: Evidence can be lost, deadlines can be missed, and statements made early in the process can be used against you later.

Personal Impact: Without guidance, people often feel overwhelmed by paperwork, insurance adjusters, and a system that feels stacked against them.

A lawyer’s job is to help you avoid these pitfalls and protect the long-term value of your claim.

Common Mistakes People Make After an Injury

1. Not Seeking Medical Treatment Right Away

This is one of the most damaging mistakes. Delaying care makes it easy for insurers to argue that you weren’t badly hurt—or that your injuries came from something unrelated.

Example: A driver feels stiff after an accident but doesn’t see a doctor for ten days. When back pain worsens, the insurer claims the injury must have happened later.

2. Not Following Medical Advice

Missing appointments, skipping physical therapy, or ignoring restrictions can weaken your claim. Insurers argue that you must not be as injured as you say if you’re not following treatment.

3. Giving a Recorded Statement to the Insurance Company

Adjusters often request recorded statements early—sometimes within hours of the crash. Their questions are designed to gather information that reduces your claim. You are not required to give a recorded statement to the other driver’s insurance company.

4. Posting on Social Media

Photos, comments, and even check-ins can be taken out of context. A simple picture of you attending a family event can be used to suggest you're not injured.

5. Admitting Fault Too Soon

Montana is a comparative negligence state. Even a casual apology at the scene of a crash can be used to argue you were partially responsible, reducing your compensation.

6. Failing to Document the Scene or Your Injuries

Evidence fades quickly. Without photos, witness contact information, and prompt documentation of injuries, it becomes harder to prove what really happened.

7. Waiting Too Long to Talk to an Attorney

The sooner you have guidance, the better protected you are. Delays can make it harder to collect evidence, negotiate with insurers, and meet important deadlines.

How These Mistakes Play Out in Real Cases

Car Accident Scenario: A Missoula resident is rear-ended and suffers whiplash but continues working through the pain. Two weeks later, symptoms worsen. The insurance company lowballs the settlement, arguing the injury must not have been serious since treatment was delayed.

Slip and Fall Scenario: A shopper slips on a wet grocery store floor but doesn’t take photos or report the incident. When pain shows up days later, there is no documentation tying the store to the hazard.

ATV Accident Scenario: A rider assumes the crash was their fault but later learns the machine had a mechanical defect. Because they didn’t preserve the ATV, crucial evidence is lost.

Issues Clients Commonly Face

Insurance Pressure: Adjusters may push you to settle quickly before you understand the full extent of your injuries.

Confusing Paperwork: Medical bills, claim forms, and insurance notices can pile up and feel overwhelming.

Unclear Timeline: Many people don’t know how long a claim should take or what they should be doing while they heal.

Fear of Costs: Some hesitate to hire a lawyer because they’re worried about legal fees, not realizing personal injury representation is often contingency-based.

Stress and Fatigue: Injury recovery is draining, and dealing with insurance companies at the same time can be too much to manage alone.

Step-by-Step Guidance to Strengthen Your Claim

1. Get Medical Care Immediately

Go to the ER, urgent care, or your primary provider as soon as possible. Make sure to report all symptoms, even if they seem minor.

2. Follow Through With Treatment

Attend all follow-up appointments, physical therapy sessions, and specialist visits. Consistency creates a clear medical record.

3. Document Everything

Strong documentation helps protect your case. This includes:

• Photos of the accident scene, vehicle damage, or hazardous conditions
• Photos of injuries over time
• Copies of police reports and incident reports
• Names and contact information of witnesses
• A journal of symptoms, pain levels, and limitations

4. Be Careful With Your Words

Do not apologize, speculate about fault, or discuss injuries publicly. Keep conversations factual and brief.

5. Avoid Social Media Posts

Insurers can and do examine online activity. Even innocent posts can be used to question the severity of your injuries.

6. Preserve All Evidence

Keep damaged clothing, property, vehicles, and receipts. If a product malfunctioned, do not throw it away.

7. Contact an Attorney Early

A personal injury lawyer can guide you through every step, communicate with insurers, protect timelines, and build a strong case while you focus on recovery.

How Bulman, Jones & Cook Helps You Avoid These Mistakes

Our firm has decades of combined experience helping injury victims across Missoula, the Bitterroot Valley, Flathead Lake region, Sanders County, and Western Montana. We understand the tactics insurance companies use and the stress people face after a serious accident.

Here’s how we support clients from the beginning:

• We handle all communication with insurance companies.
• We help you document injuries and gather critical evidence.
• We guide you on what to do—and what not to do—during recovery.
• We work with your medical providers to understand the full extent of your injuries.
• We identify all possible sources of compensation, including underinsured motorist coverage or third-party liability.
• We build strong cases that reflect the true impact of your injuries on your life.

Most importantly, we offer steady, practical guidance during a time that often feels overwhelming. You don’t have to navigate this alone.

Your Next Step: Get Answers Before Mistakes Hurt Your Claim

Every injury case is different, and the earlier you get legal guidance, the more protected your claim becomes.

If you’ve been injured in a car accident, motorcycle crash, slip and fall, ATV incident, workplace accident involving a third party, or any situation caused by negligence, we’re here to help you understand your options and avoid missteps that could cost you.

Ready to Protect Your Rights? We’re Here to Help

If you or a loved one has been injured, reach out to our team at Bulman, Jones & Cook PLLC for straightforward, compassionate guidance. We serve clients throughout Missoula and Western Montana, and we’re committed to protecting your rights with clarity, diligence, and experience.

Visit our website at www.bulmanlaw.com or call us at (406) 721-7744 to schedule a consultation.