WSIB Lawyer Skip to content
Trial Tested Injury Lawyers

Mistakes Following a Car Accident: The 7 Most Common

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Mistakes Following a Car Accident: The 7 Most Common

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
learn about mistakes following a car accident

Mistakes Following a Car Accident

When you are injured, the last thing on your mind is not making mistakes following a car accident. Unfortunately, you need to do a few things in order to protect yourself and give you the best possible chance for a good outcome. Many drivers are distraught and can hardly concentrate after a motor vehicle accident. But, here are 7 mistakes you don’t want to make. 

  1. Not Getting Medical Attention Right Away
  2. Not Following the Advice of Your Health Care Team
  3. Not Reporting the Significance of Your Injuries
  4. Not Being Truthful about the Severity of Your Injuries
  5. Not Being Completely Accurate
  6. Not Getting Legal Help
  7. Not Getting the Right Lawyer

Not Getting Medical Attention Early

If you don’t get the necessary treatment early on, the insurance company for the at-fault driver won’t give you the benefit of the doubt. It will argue that your injuries weren’t serious enough and that your motives should be questioned. What happens if my injuries show up later?

Follow the Medical Advice You Are Given

Not following the advice of your medical and rehabilitation team can dramatically change the outcome of your case. The law requires you to comply with all reasonable recommendations regarding treatment in an effort to get better and minimize your losses. Your compensation will be decreased if you failed, without good reason, to follow medical advice.

Don’t Minimize Your Injuries

Sometimes people injured in car accidents are suffering significantly, but it’s not reflected in their medical file because they have not reported all of their injuries to their medical rehabilitation team, choosing rather to “grin and bear it Your medical rehabilitation team and the legal team must know the full picture of your suffering so that you can get the care and compensation that reflects your true circumstances.

Tell the Truth

Exaggerating your injuries is a prime example of how people get caught lying to investigators. Insurance lawyers fight your case by presenting you as a liar who is not trustworthy. People get in trouble when they start using strong language to describe how the accident has altered their life. For example, sometimes accident victims will report never being able to shovel snow since the accident, only to be confronted by surveillance of them shoveling snow. If your functional ability has been markedly reduced because of accident-related injuries, you need to be specific to the extent that your abilities have been compromised, without exaggerating.

Disclose Prior Medical Issues

Refusing to acknowledge what should be acknowledged can put you and your lawyer in a difficult situation and will not help your case. Credibility is paramount in a car accident case. Insurance lawyers will carefully review your records in search of inconsistencies. Fertile ground is your pre-accident medical history. For example, if you had a pre-existing medical issue such as back pain, you must admit it, keeping in mind that you can distinguish it by pointing out how it changed because of the accident. The insurer is entitled to your pre-accident medical records and it will know you had pre-existing medical issues.

Getting Help

Not getting legal representation early on can leave you open to making mistakes following a car accident. Experienced lawyers know the law and know the end game. An experienced lawyer will guide you and help build your case with strong evidence of your car accident disability. An experienced lawyer will ensure you’re getting treatment and will arrange experts to assess your long-term prognosis and needs, allowing your lawyer to fight for compensation to cover you in the long-run.  Not getting help because of the perceived cost of a lawyer after an accident can be a mistake, there are contingency fee arrangements that can mitigate the cost to the victim.

Finding the Right Lawyer

Finding the right car accident lawyer can make a big difference. Do your research and pick an experienced lawyer with a good track record and reputation. You must be comfortable with your lawyer and trust him or her, which will allow for open communication and put your lawyer on the offensive, rather than the defensive. Bottom line. you need to take care of yourself and let your lawyer take care of the legal side.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

CONTACT

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

Back To Top