General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, United States (General), England & Wales.
Defendant Centre
If you are defending this
Someone has raised this against you, so the guide below is most useful for understanding what you must respond to, and by when.
- Find the deadline on anything you have been served with and diarise it immediately.
- Do not ignore it — many processes allow a decision to be made against you if you do not respond.
- Preserve documents and messages now; deleting anything is far worse than the underlying dispute.
- Separate what you genuinely dispute from what you accept, so the response is focused.
- Consider whether you have a claim of your own arising from the same events.
- Check whether an insurance policy or an employer may be required to cover or defend it.
Reading this from the other side? Switch to the Plaintiff Centre view.
The three parts of an injury claim
Almost every injury claim is assessed in three separate pieces. They are usually proved by different evidence, and a claim can be strong on one and weak on another.
| Part | The question | Usual evidence |
|---|---|---|
| Responsibility | Did someone fail to take reasonable care? | Reports, photographs, witnesses, maintenance records |
| Causation | Did that failure cause this injury? | Medical records, treating clinicians, prior history |
| Loss | What has it actually cost? | Income records, receipts, care and treatment costs |
Why the medical record does the heavy lifting
The contemporaneous medical record is usually the single most influential document. Gaps between the incident and first treatment, or between treatment sessions, are routinely raised to suggest the injury was minor or unrelated.
- Seek assessment promptly, and describe every symptom, not just the worst one
- Report the mechanism of injury accurately and consistently
- Attend recommended treatment, or record why you could not
- Keep a short symptom and activity diary in your own words
- Note pre-existing conditions rather than omitting them
Dealing with insurers early on
An insurer often makes contact quickly, sometimes before the full extent of an injury is understood. Requests for a recorded statement, a broad medical authorisation, or an early settlement are normal parts of their process rather than a sign of anything unusual.
Immediately
Report as the policy requires — many policies have short notification periods.
Early
Keep a log of every call, adjuster name and what was said.
Before signing
Check the scope of any authorisation or release — releases are usually final.
Ongoing
Keep receipts for everything, including small out-of-pocket costs and travel.
Two systems can run at once+
In some places, accident benefits from your own insurer run in parallel with a claim against the person responsible. They have separate forms, separate deadlines and separate decision-makers, and missing a benefits deadline does not necessarily affect the other claim, or vice versa.
Deadlines and notice periodsGeneral guidance
Injury claims typically carry two layers of timing: a limitation period for starting a claim, and much shorter notice periods for particular defendants such as municipalities, transit authorities or public bodies. The short ones are often measured in days or weeks and are easy to miss.
Documents to gather
- Incident, police or accident reports, with the report number
- All medical records, imaging and specialist reports
- Employment and income records showing time missed
- Receipts for treatment, medication, devices, travel and care
- Insurance policies and all correspondence with insurers
- Contact details for every witness
Evidence that carries weight
- Photographs of the scene, hazard and vehicles taken the same day
- Photographs of visible injuries over time
- A dated symptom and activity diary
- Statements from people who saw the incident or the effect on you
- Maintenance, inspection or cleaning logs for the location
Want both lists in one printable page?
Common mistakes
- Delaying medical assessment, then having no early record of symptoms
- Giving a detailed recorded statement before the injury is understood
- Signing a broad release or authorisation early
- Missing a short notice period for a claim against a public body
- Posting activity on social media that conflicts with reported limitations
Frequently asked
How long does an injury claim usually take?
It varies widely, and one driver is medical: it is common to wait until the injury has stabilised enough for the long-term effect to be understood before value can be assessed.
What if I was partly at fault?
Many systems apportion responsibility rather than deny a claim outright, reducing an award by the share attributed to the injured person. How that works differs by jurisdiction.
Do I have to accept the insurer's offer?
No. An offer is a proposal. What matters is whether it accounts for treatment still needed, income affected and future costs — and once a release is signed the matter is generally closed.
What if a pre-existing condition was made worse?
Aggravation of an existing condition is a recognised part of injury claims in most systems. Concealing the prior condition is far more damaging than disclosing it.
Do I need my own doctor's report or an independent one?
Treating clinicians produce the ongoing record; formal opinion reports are usually commissioned later, once the picture is clearer, and both sides commonly obtain them.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide.
Assess my situationAssessment topics related to this guide
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.