Avoid These Common Personal Injury Claim Mistakes

Personal injury accidents and incidents are highly common and have been on the rise over the years. Despite advancements being made in safety, crime is rising (leading to more personal injury claims due to assault and other related incidents), and populations are growing as well as ageing (leading to many slip and fall cases in elderly Canadians). 

Common types of personal injuries in Canada include car accidents, assault, premises liability-related incidents (like dog bites, slip and fall incidents on someone’s property, etc.), and wrongful death cases. 


However, there are some very common mistakes that individuals are making, greatly risking their compensation amount or risking receiving any compensation at all! 

Please pay careful attention to these common mistakes to ensure that you do not make them yourself, should you ever find yourself filing a claim. 

MISTAKE 1: Missing important deadlines. 

There is a statute of limitations on how much time you have after an accident or incident to file a claim. Not all provinces have the same rules and regulations regarding specific deadlines. 

To make sure that you do not miss a critical deadline, speaking to a personal injury lawyer is key. 

MISTAKE 2: Talking about your claim on social media. 

If you talk about your accident or claim on social media or post pictures right after your accident, you might lower the chances of getting compensated. 

Information you share online can be used against you and your case. You could be seen as faking the extent of your injuries, or at the very least, you’re helping any opposing side by giving them more details to ensure that they come up with a successful strategy against you.

Read our blog post on 3 ways social media can hurt your car accident claim to learn more. 


MISTAKE 3: Not being extra careful about what you say.

The insurance adjuster might be hanging on every word you say and are using anything they can to reduce the amount of your compensation. The wisest way to handle this is to ensure that your lawyer is present and is handling these details on your behalf. 

In addition to the insurance adjuster, you may also be speaking to the police and other individuals who can affect the evidence for your case. Make sure that you never mention having any second thoughts about just how negligent the other party really was (“what they did probably wasn’t that big of a deal…it was probably just an honest mistake…” etc.), and that you never downplay your injuries, expenses, and other negative experiences tied to your claim in any way. 

MISTAKE 4: Skipping the medical exam. 

Many accident victims assume that their injuries are not severe enough and don’t bother getting checked out by a doctor. 

The problem here is that internal injuries can easily be missed, and some injuries, such as whiplash or delayed concussions, may not become evident until some time has passed. 


By choosing to skip the medical examination, accident victims miss out on critical evidence for their claim. With that said, it is highly recommended that you still visit a doctor regardless of how great you feel. 

McGuiness Law

At McGuiness Law, we understand the legal system as well as the tricks that insurance companies like to play. We offer fully free, no-obligation, no-strings-attached consultations for exactly this reason. 

A free consultation allows us to get more details about your case, and we can offer you advice on your next steps. 

Should we end up working together on your case, you can be assured that you have a legal team on your side that is extremely good at what they do and passionate about ensuring that our clients receive the full compensation that they deserve. 

To get in touch with us, please call our toll-free number at 1-833-585-4145 or use our online contact form