The Hidden Danger of Delaying Medical Treatment After an Accident

Written By Alexander Burton

The Risky Restaurant Chat

Location: A steakhouse in downtown Toronto

"You don’t need to see a doctor, Josh," Mark said, cutting into his steak. "Your back is a little sore now, but it’ll go away. Why waste money on medical visits?"

Josh nodded, convinced. Two months later, the pain had worsened, but when he tried to claim benefits, the insurance company denied his claim, arguing that he had no proof his injuries were from the accident.

The Technicalities: Why Delaying Medical Treatment Can Cost You

Insurance companies often deny claims based on “failure to mitigate damages,” meaning if you don’t seek treatment promptly, they assume you weren’t injured—or that something else caused your injuries. In Simmons v. Yeung, 2013 ONSC 2072, the court ruled against a plaintiff due to delayed medical treatment, reducing their compensation significantly.

How to Overcome This Mistake

  • Seek medical attention immediately, even for minor pain.

  • Document all symptoms and treatments.

  • Get reports from medical professionals linking injuries to the accident.

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Alexander Burton
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