Yes, you can still file a personal injury claim even if you didn’t see a doctor in the immediate aftermath of your accident. However, even if you put that errand off a bit, you may find it harder to prove that the injuries sustained were caused by your accident and pursue compensation.
There are many reasons why people do not seek timely medical attention. Going without medical insurance, feeling fine after an accident, and being too busy are common reasons people try to power on with their day. The problem is that some injuries, such as traumatic brain injuries, whiplash, and internal injuries, may not cause symptoms until later. When they start causing problems, it’s easy to regret not seeking medical attention promptly.
Before concluding that you cannot make a legal claim for compensation, get the right legal guidance from an experienced personal injury attorney. While your case will present challenges, an attorney may advise you that you still have a strong chance of success. This article will explore how personal injury lawyers handle this type of personal injury claim and what you should do to give your case the best chance of success.
Understanding the Personal Injury Claims Process
Personal injury cases allow people injured by other people’s reckless or negligent actions to pursue compensation. Every personal injury claim must establish certain essential elements to be successful.
Delayed medical treatment may make it more challenging to prove some of these points and obtain compensation, but that doesn’t mean your claim is impossible:
- Duty of care: The at-fault party had a legal obligation to act in a reasonable way to prevent harm to you
- Breach: The defendant’s negligent or reckless actions constituted a breach of his or her duty of care
- Causation: The breach was the direct cause of your injuries; proving this point after delayed treatment may be the biggest obstacle a personal injury lawyer has to overcome
- Damages: You suffered harm from the injury and are entitled to monetary compensation for your losses
Arkansas personal injury lawyers build strong cases for compensation by providing compelling evidence to prove each of these points. However, when accident victims fail to seek immediate medical attention, the process is more complex.
Why Immediate Medical Attention Matters
Immediate medical attention serves three important purposes in a personal injury lawsuit:
- Looking after your health: Prompt medical evaluation can diagnose all injuries, even those that initially do not seem serious. You can start treatment quickly, which may give you the best chance of making a full recovery. This can also reduce the likelihood of complications.
- Ensuring medical records: Legal documentation in the form of medical records could strengthen your case. These records can help a personal injury lawyer demonstrate when your injuries occurred and how they were directly related to your accident. Medical records can also be useful in quantifying the damages you suffered, as these can prove the severity of your injuries and the pain and suffering you endured.
- Protecting your rights: After sustaining a personal injury, you need to demonstrate that you did everything you reasonably could to mitigate damages. In this context, this means trying to minimize the impact of your injuries by seeking immediate medical care.
Why Medical Treatment May Be Delayed
After a car accident, an ambulance may arrive and provide immediate medical attention; you may be encouraged to go to the emergency room for a comprehensive medical examination. Yet, when you get into another type of accident, medical treatment may not be as easy to obtain.
A personal injury lawyer you consult will seek to understand why you delayed in seeking medical attention and can explain how this may affect your personal injury case.
Some reasons for delaying medical attention may include:
- Difficulty accessing healthcare: Over 1 million people in Arkansas live in non-metro areas. Only 27 critical access hospitals provide medical care to these people. After an accident, there may be logistical difficulties in accessing medical care immediately.
- Adrenaline or shock: Adrenaline can mask pain, concealing potentially serious injuries in the aftermath of the accident. Shock can also cause us to feel numb or confused and may lead to poor decision-making after an accident.
- Financial considerations: The cost of healthcare could put some people off seeking medical attention promptly, especially if they do not have health insurance
- Fear of legal consequences: If you feel you were even partially liable for the accident, it may be tempting to avoid medical treatment. You may fear this could be used against you in legal proceedings.
Seek treatment anyway
Even if you put off seeking medical attention at the time of your accident, don’t delay now. Delayed treatment is better than no treatment at all. As well as safeguarding your health, it could also help you begin to build medical records that a personal injury lawyer may be able to use to strengthen your case.
Build accurate medical records
When you do see a medical professional, provide him or her with as much information about your accident as possible.
This may include:
- Date and time of the accident
- Where it happened
- An account of the accident
- The reason why you did not seek immediate medical care
- Injuries you suffered or symptoms you are experiencing
Your doctor can record this information and may be able to link your accident to your injuries.
Support your recovery
You cannot change the fact that you did not get immediate medical attention, but you can show that you are committed to making a full recovery from your injuries. So when you do seek medical care, ask the following questions:
- What is the nature of my injury/injuries?
- What treatment do I need?
- How long will it take for me to recover?
- What can I do to support my recovery?
Following through on the advice you get in return may help demonstrate that you are committed to keeping your treatment costs to a minimum and did not delay out of a desire to maximize your claim.
The Potential Impact of Delayed Medical Treatment
Every insurance company aims to pay as little compensation as possible or deny personal injury claims. Delayed medical treatment is a common way for insurers to do this.
Insurance adjuster tactics
Without medical records from the immediate aftermath of the accident, insurance adjusters may cast doubt on your account of how you received your injuries. They may try to claim that you received your injuries in another way or that you are trying to claim for old injuries.
The insurance company may also try to downplay the seriousness of your injuries. They may claim that you would have sought medical attention immediately if they had been as severe as you claim.
Finally, they may also try to claim that you delayed seeking medical treatment because you wanted to maximize the impact of your injuries. Delayed medical attention may result in longer and more costly treatment. Insurance adjusters may say they do not need to pay for treatment resulting from your negligence.
Choose your personal injury attorney wisely
Personal injury attorneys may have handled hundreds of cases but may not fully understand how insurance adjusters work. However, lawyers with inside knowledge of the insurance industry have an added edge.
Experienced attorneys understand all the tactics insurance companies use to deny or reduce compensation claims. Therefore, if you can, choose a personal injury lawyer with firsthand experience in the insurance industry. He or she could give you the best chance of obtaining compensation even if you delayed seeking medical care.
How a Personal Injury Attorney Can Strengthen Your Case
Without medical records from immediately after the accident to prove the injuries sustained, personal injury attorneys must seek other forms of evidence. Your lawyer’s goal is to prove the severity of your injuries and establish a clear link between your accident and your injuries.
Other forms of evidence
In the absence of medical records, a personal injury lawyer may use the following evidence to prove causation and the extent of your injuries:
- Photographs: Pictures of your injuries and the accident scene may help to build a strong link
- Surveillance camera footage: If your accident was caught on camera, this evidence could be used to strengthen your account of how you acquired your injuries
- Police or incident reports: Depending on the nature of your accident, the police may attend and complete a report, and if your accident occurred at a business premises, they may have completed an internal incident report; these reports may include helpful information including what led up to the accident, who was involved, and the details of eyewitnesses
- Witness statements: Eyewitnesses may be willing to testify as to what happened and back up your account of the accident
- Inspection/safety records: Many businesses are required to maintain safety records; these may relate to the circumstances of your accident and strengthen your case
Additionally, your personal injury lawyer may work with an expert witness. Medical expert witnesses can analyze your account of the accident, the medical records you have, and your injuries. Such experts can also testify to the long-term consequences of your injuries. They can provide a report that can be used as evidence in court.
Accident reconstruction specialists may also help to strengthen your case. They analyze records from the accident scene to reconstruct what happened. Their reports can be used to build a strong case for liability and strengthen your account of how you got injured.
File your claim on time
Another important consideration is the statute of limitations on filing personal injury claims. In Arkansas, you must file within 3 years, or else you cannot pursue compensation. If you seek legal guidance as soon as possible after your accident, a personal injury attorney can ensure that your claim is filed within the time limit and guide you through the claims process.
Put Minton Law Firm’s Unique Advantage to Work for You
Navigating the legal process after an accident can be challenging at the best of times. If you do not seek medical attention promptly, it is easy to be overwhelmed and potentially put off filing a claim by insurance adjusters who tell you it is impossible. However, at Minton Law Firm, we have an ace up our sleeve that could give you an edge.
We are headed up by Justin Minton, a former insurance adjuster turned personal injury lawyer. This gives our law firm unique insight into how the other side works. We know the tricks insurers use to try to settle at the lowest ultimate cost, including denying claims on the basis of delayed treatment. So our personal injury attorneys are prepared to fight back by building a strong case, giving you the best chance of success.
Don’t delay in finding out what we can do for you. Call 855-Xadjuster or complete our contact form to schedule a free consultation with a personal injury lawyer today.
