Mistakes that can hurt your personal injury case - Diamond and Diamond Lawyers

Mistakes that can hurt your personal injury case


There are a number of ways in which you could suffer an injury through no fault of your own. People refer to them as accidents, but in many instances, they are the result of someone’s negligent conduct. Whether it’s a car accident, a slip and fall on someone’s property, a defective product or doctor’s failure to properly diagnose and treat an illness or injury, you could be entitled to receive compensation from the negligent party. There are some common mistakes people make that inevitably hurt a personal injury case.

Failing to be evaluated by a physician

Insurance companies are not in business to give away money, so they will jump on anything that might show you are not as seriously injured as you claim to be. Not seeking medical treatment immediately after the accident is something insurance adjusters love to see.

You could be injured and not know it right away, so getting an examination by a doctor is essential. Whiplash can be a debilitating and serious injury, but you might not realize how severely you are injured for several days.

Telling police and people at the scene of an accident that you are not hurt

Slipping and falling on debris left on the floor in a supermarket is always embarrassing, and all you want to do is get up and pretend nothing happened. When asked by store employees if you are all right, you respond by telling them you are fine. Unfortunately, you failed to mention how your head hit the floor, so the serious head injury that was discovered that evening when you went to hospital conflicts with the store’s accident report.

Trying to negotiate with the insurance company on your own

Insurance companies are notorious for trying to settle cases quickly for significantly less than the claim is actually worth by negotiating directly with the accident victim. Insurance company representatives might say they are concerned about your wellbeing, but their primary focus is saving money for their companies.

Do not under any circumstances discuss your claim with an insurance company representative without first speaking to a personal injury lawyer. Unlike the insurance company, your lawyer is focused solely on your welfare.

Lying about how the accident happened or the extent of your injuries

Insurance companies go to great lengths to investigate claims involving serious injuries. It is common for them to hire investigators to film you as you go about your daily activities. A video taken by an investigator of you lifting bags of groceries out of the trunk of your car can prove you exaggerated the extent of your disability following an accident. The best thing you can do is be honest and truthful with your doctor and your lawyer about your claim and the extent of your injuries. 

Waiting too long to hire a personal injury lawyer

Personal injury claims must be filed within a certain period of time, or you could lose your right to compensation. The general limitation period for a personal injury claim is two years, but if you are injured in a fall on a public sidewalk in Toronto, you could jeopardize your claim by waiting more than 10 days to speak to a lawyer.

Claims against municipalities require notice to the city within 10 days of the date of the accident. Once the 10 days passes, you could lose your right to file a claim for compensation. The best thing you can do is seek legal advice from a personal injury lawyer immediately after an accident

Ontario personal injury lawyers

The personal injury lawyers at Diamond & Diamond have years of experience successfully handling all types of claims for compensation. Learn more about how we can help by contacting our 24/7 injury hotline at 1-800-567-HURT or by visiting our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.

Leave a Reply


Get the help you deserve


Call NOW for a free consultation


Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 103, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More


168 Bayfield Street


1331 Macleod Trail SE, Suite 645


2713 14 St SW


600 Crowfoot Crescent NW #240


4246 97 Street NW, Unit 103


256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200


50 Richmond Street E, Unit # 108 B


955 Green Valley Crescent, Unit 315


31 Larch Street, Unit 300


1104 – 13737 96 Ave, Surrey, BC V3V 0C6


255 Consumers Road, 5th Floor


1678 Bloor Street, Suite 302


1727 West Broadway, Suite 400


13158 Tecumseh Rd. E. Unit 3B