When you’re trying to deal with an injury, the last thing you expect is a fight just to be heard. Naturally, you’re in pain, and anxious about work, healing, and about how your family’s going to get through the next few weeks. You decide to reach out to the insurance company with hope, believing that help is on the way.
A system built to stall
Days go by, then weeks. You may get a request for more paperwork. They say they need more time, and suddenly you’re told that your injury isn’t what you think it is.
It usually is very confusing and frustrating. For most of us, this whole situation feels deeply personal. The fact of the matter though is it’s not personal at all, it’s procedural and strategic.
Avanessy Giordano LLP has walked beside clients in these exact moments. What starts as a straightforward claim can spiral into frustration, doubt, and silence. Unfortunately certain patterns and tactics can hinder or obstruct genuine claims. Recognizing what to look out for is the initial step in safeguarding yourself.
The endless paper trail
You’ve sent in all your documents, including everything they requested. They come back with a few more questions. It seems like something might be missing, perhaps a date is incorrect, or a form wasn’t signed correctly. Could you please resend your MRI results? You do it all, again…because what choice do you have?
The problem is that every request stretches the timeline just a little further. When your life is on pause, waiting for your claim to move, it doesn’t take long before weeks start to feel like months.
We often recommend something simple but powerful: keep a journal. A written record, day by day, of your symptoms, setbacks, doctor visits, and emotional toll. It is not solely for memory; it functions as a safeguard. This guide explains why documenting your pain and suffering helps give shape to experiences that insurers sometimes want to minimize or overlook.
That injury isn’t new, they say
A particular type of frustration arises when you’re told your pain isn’t genuine, or even worse, that it’s not “from this.” Perhaps your shoulder pain is simply due to aging, or your back injury is “degenerative.’ It seems like what you’re experiencing now was there all along. People hear this all the time, especially in cases where injuries don’t leave visible scars.
What’s hard is that you know your body. You know what’s changed. But unless it’s recorded in a scan or documented from the very start, it’s too easy for someone on the other side of your file to raise doubts.
There’s a bigger picture here, especially in cases involving chronic pain. Conditions that in other words, evolve and don’t always follow clear patterns. Avanessy Giordano LLP wrote an entire breakdown on this issue: What Everyone Needs to Know About Chronic Pain Cases in Ontario. The takeaway? These cases are real, and with the right legal framing, they can be proven.
When they start watching you
The scope of concern extends beyond mere emails and documentation. Occasionally, the matter becomes more disconcerting than that, such as a photograph shared on social media, a video clip, or some form of report. It is possible that someone has observed you walking without a cane or has captured an image of you smiling during a family dinner.
What’s strange is that it doesn’t need to disprove your pain. Surveillance typically functions by raising questions. It doesn’t have to prove you’re lying. It only needs to imply something different from your medical file. This shift in focus puts the burden of proof on you.
It can sometimes feel invasive or unfair, and it might even shift the overall tone of your case without you realizing it. That’s why staying aware (without becoming paranoid) is so important. Avanessy Giordano LLP explores this reality in detail in their post on how insurers monitor personal injury claims, including the psychological impact of knowing you’re being observed.
The settlement that comes too soon
Then comes the offer, and it might arrive unexpectedly early. Sometimes, even before your treatment plan is complete, your doctor has shared a long-term prognosis, or you’ve had a moment to catch your breath. It’s a reminder of how surprising and sudden these moments can be.
It sounds generous at first. It covers a few things. Pays off some debt. Buys you space. However, it often overlooks the most challenging part, what happens next. What if the pain doesn’t go away? What if you need surgery later? What if your work is affected six months from now?
Accepting a quick settlement might be closure, but it can also be a locked door. One that shuts before you know what’s behind it.
Sometimes, taking a moment to wait can bring you clarity. It’s not about resisting or pushing back, but about giving yourself the space to make well-informed decisions. This is a crystal clear sign of self-respect, not resistance.
Fault: A word that changes everything
There’s something heavy about the word “fault.” When you file a claim, you may think the fault was already determined. After all, the report was filed. The damage was clear. The other party admitted something, didn’t they?
Then the conversation shifts. Perhaps they say you arrived too late, weren’t watching closely enough, or failed to report something within the required time frame.
Even if it feels like a technicality, even if it seems off, a few percentage points can significantly shift your outcome. That’s how contributory negligence works. If you’re found partly at fault, even just 10%, your compensation will be reduced by that amount.
This is not a matter of winning or losing, but rather understanding the context and communicating the appropriate narrative effectively. Avanessy Giordano LLP breaks this concept down in their plain-language post on contributory negligence and your claim. It’s one of those topics most people don’t hear about until it’s already changed their claim.
What you can do (before it becomes a fight)
This doesn’t have to be confrontational, and there’s no need to prepare for a fight. However, you do have the right to be informed.
Begin by jotting down not only facts but also your feelings, your pain, sleep patterns, and daily resilience. Reach out early to someone, even if you think your situation won’t require going to court, especially if you’re convinced it won’t.
Guard your words carefully, whether online, in emails, or during phone calls, since even a brief sentence can cause significant trouble. Don’t hesitate to pause, wait, or take a moment to think.
It’s your claim, but it’s also your life
The tactics we discussed are subtle and quiet, without flashing lights or obvious warnings; however, if you’ve experienced them, you know how intense they can feel internally.
Delay isn’t necessarily a no, but it can feel like one. The difference between being battered by circumstances and standing firm isn’t always about power. Sometimes, it’s about knowing what you’re doing.
If your injury claim feels stagnant, incorrect, or not what you anticipated, contact Avanessy Giordano. Ask questions, gain clarity, and proceed with guidance from someone who truly understands the situation.
About the Author
Aline is a Founding Partner and Lawyer at Avanessy Giordano LLP. Aline’s areas of specialty include a wide range of insurance litigation, including personal injury, motor vehicle liability, property and liability claims, product liability matters, and employment law litigation.
Throughout her practice, Aline has advocated for her clients in Small Claims Court, the Superior Court of Justice, and the Court of Appeal of Ontario. She has also appeared before the Financial Services Commission of Ontario, Licensing Appeals Tribunal and the Criminal Compensation Board.
