Filing a personal injury claim is one of the most important steps you can take after being injured due to someone else’s negligence. Whether it's a car accident, a slip and fall, or medical malpractice, seeking compensation can help cover your medical bills, lost income, and pain and suffering. However, many claimants unintentionally make mistakes that weaken or even jeopardize their cases.
In this article, we’ll cover the most common mistakes to avoid when filing a personal injury claim, so you can protect your rights and maximize your chances of a fair settlement.
1. Delaying Medical Treatment
After an accident, some people assume their injuries are minor and delay seeing a doctor. This can be a serious mistake.
Why it's a problem:
Insurance companies may argue that your injuries aren't serious.
Gaps in medical treatment weaken the connection between the accident and your injuries.
Untreated injuries can worsen over time.
What to do:
Seek medical attention immediately, and follow all prescribed treatments and follow-ups.
2. Not Reporting the Incident
Failing to report the accident to the appropriate parties can harm your claim.
Examples:
Not calling the police after a car accident
Not notifying a store manager after a slip and fall
Not informing your employer of a workplace injury
What to do:
Always report the incident formally and request a written report if applicable.
3. Talking Too Much to the Insurance Company
Many people make the mistake of giving detailed statements to insurance adjusters, not realizing their words can be used against them later.
Why it matters:
Insurance companies are trained to minimize payouts.
You might unintentionally admit fault or downplay injuries.
What to do:
Limit communication with insurers and never agree to a recorded statement without first consulting a personal injury lawyer.
4. Posting on Social Media
It might feel natural to share your recovery journey or accident story on social media—but doing so can damage your case.
Examples of posts that can backfire:
“Feeling better today!” (Can be used to argue your injuries aren’t serious)
Photos of physical activity or vacations
Comments that contradict your official statements
What to do:
Avoid posting about your accident, injuries, or activities until your case is resolved.
5. Not Gathering Evidence
Failing to collect and preserve evidence weakens your case, especially if it becomes a “your word vs. theirs” situation.
What you should collect:
Photos of the accident scene and injuries
Witness contact information
Medical records and bills
Police or incident reports
What to do:
Document everything immediately after the incident and continue collecting relevant records during recovery.
6. Accepting the First Settlement Offer
Insurance companies often make a low initial offer, hoping you'll accept it out of urgency or frustration.
Why it’s risky:
Early settlements rarely reflect the full extent of your medical bills, lost wages, or long-term effects.
Once you accept an offer, you usually can’t reopen the claim—even if your condition worsens.
What to do:
Consult a personal injury lawyer before accepting any offer to ensure it covers all your damages.
7. Exaggerating or Misrepresenting Your Injuries
Some claimants make the mistake of overstating their injuries or lying about their condition.
Why it’s a major issue:
If caught, you may lose your claim entirely.
It can damage your credibility and affect future legal matters.
It may even lead to fraud charges.
What to do:
Be honest and consistent about your symptoms and limitations. Let medical records support your claim.
8. Missing Deadlines
Every personal injury case is subject to statutes of limitations—legal deadlines by which you must file your claim.
Why it’s critical:
Missing the deadline could result in losing your right to seek compensation altogether.
What to do:
Know your local deadlines (e.g., 2 years in Ontario for most personal injury claims) and act quickly.
9. Not Hiring a Personal Injury Lawyer
Many people try to handle their claims without legal help, thinking it will save money. However, this often results in lower compensation or denied claims.
Why hiring a lawyer matters:
A lawyer protects your rights and handles all negotiations.
They know how to value your case properly.
Legal representation often leads to higher settlements.
What to do:
Schedule a free consultation with a personal injury lawyer as soon as possible after the accident.
Final Thoughts
Filing a personal injury claim may seem straightforward, but simple mistakes can cost you time, money, and justice. By avoiding these common pitfalls and working with an experienced lawyer, you can build a strong case and increase your chances of receiving the compensation you deserve.
If you’ve been injured and want to avoid costly legal mistakes, contact personal injury lawyer Mississauga today for a free consultation.
