Personal Injury

Can Delaying Treatment Hurt Your Personal Injury Claim?

When someone is injured on dangerous premises, the severity of their injuries will often determine how quickly they seek medical care. An individual suffering from serious or apparent injuries seeks immediate treatment, but someone with less obvious afflictions may decide to wait and see if their condition improves. In some situations, injuries take time to become noticeable at all, meaning it’s not always immediately clear how serious an injury is after an accident.

No matter what the details of an accident are, those who sustained injuries should always seek medical care as soon as possible. Not only does delaying medical treatment affect recovery, but it can also negatively impact personal injury claims. That said, failing to seek medical care right away doesn’t prevent someone from filing a claim or being awarded damages; there may be a reasonable explanation for why someone didn’t see a doctor shortly after the incident occurred.

A significant gap between an accident and medical treatment gives the other side grounds to question the cause or severity of your injuries. Understanding how a delay in treatment can affect your claim helps victims take the right steps after a dangerous premises accident.

Medical Records Establish Injuries

Detailed medical records are essential for personal injury cases because they serve as an objective account of injuries and symptoms associated with an accident. They show when someone first sought treatment, what they told their healthcare provider, what was diagnosed, and what treatment was recommended. This information creates a timeline, or at least a link, between the accident and subsequent damages.

When there is a lengthy gap between the accident and the first medical appointment, there is more room to doubt the connection between someone’s condition and the incident they say caused it. This doesn’t mean the injuries are not real or that a claim cannot be made, but it can make the claim more difficult to establish.

Delays Can Give the Other Side Reasons to Question Your Injuries

The property owner or person being held responsible for an accident, and their insurer, will examine how soon an injured person sought medical attention. If someone waits several days or weeks before going to a healthcare provider, the property owner and insurer will argue that the victim’s injuries were not as serious as they claim.

Further, the other side will question whether the alleged accident even caused the victim’s symptoms at all. Minimal medical documentation immediately after an accident allows property owners to argue that the injuries in question developed later or were caused by some other event. Of course, this interpretation is not necessarily correct, as people respond to injuries differently and there are many legitimate reasons why someone did not immediately seek care. That said, the longer someone waits to see a medical professional, the more the other side can sow doubt that would otherwise be easy to dispel.

Delayed Treatments Make It Harder to Assess Losses

Injury severity and duration are two critical factors that impact damages. If treatment is delayed, it becomes more difficult to determine how an injury progressed after the accident and what treatment was needed as a result.

There will likely be questions about whether someone’s condition changed because of the original injury or because they didn’t receive prompt treatment. For example, if an injury becomes more serious over time, the other side may argue that some of the additional symptoms or treatment were not caused by the accident itself. This is particularly important when an injury affects someone’s ability to work, requires ongoing rehabilitation, or results in continuing medical expenses.

Delaying Treatment Can Affect Your Recovery

The potential consequences of delaying medical care are not limited to the legal side of a claim. Depending on the injury, putting off treatment may also affect a person’s recovery. Some injuries require timely assessment or treatment to prevent complications or determine the appropriate course of care. Continuing with normal activities without knowing the extent of an injury may also aggravate certain conditions.

For that reason, seeking medical attention is important, even if an injury initially seems manageable. A healthcare professional can assess the injury, recommend appropriate treatment, and identify issues that may not be obvious to someone who has just been involved in an accident.

Take the Next Step

If you haven’t sought medical attention following your accident yet, do not wait any longer. Make an appointment with a healthcare provider as soon as possible, even if you think your injuries are minor. Be sure to explain when the accident happened, when your symptoms began, and how they have changed since the incident.

We also highly recommend speaking with one of the lawyers at Stephens & Holman. Delays in seeking treatment do not automatically prevent you from making a claim, but the reasons for that lapse may impact your case. We can review the circumstances surrounding your accident, help you understand your options, and advise you on how to move forward. Reach out to us today to learn more and schedule a free consultation.

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