Prompt medical treatment is crucial to a personal injury case for several reasons. When someone is injured due to the negligence or fault of another party, whether in a car accident, slip and fall, or any other type of incident, seeking immediate medical attention is not only essential for your health but also for the success of your personal injury claim. To begin, timely medical treatment helps document your injuries from the beginning of the timeline.
How Does Prompt Medical Attention Strengthen the Causation Argument in a Personal Injury Case?
Seeking immediate medical attention strengthens the causation argument because it lessens the effectiveness of a defendant’s argument that your injuries were the result of some other incident or because of wear and tear. Additionally, if you wait too long, the opposing party will argue that your injuries weren’t severe or that they were caused by something other than the accident. Unfortunately, some injuries may not manifest immediate symptoms, but could in turn have long-term complications. Prompt medical treatment can help identify and address these issues, allowing for a more accurate assessment of your future medical needs as well as eliminating the possibility of the opposing party developing an argument to undermine your case.
What Complications Can Arise from Delaying Medical Treatment?
Delaying medical treatment can exacerbate injuries and lead to complications. By seeking prompt medical care, you can address injuries in their early stages, potentially preventing long-term damage or additional suffering. Also prompt medical treatment shows that you are taking your injuries seriously and that you are dedicated to the process of recovery. Insurance companies and, if necessary, juries are more likely to view your case favorably if you can demonstrate your dedication to getting better. Medical professionals can help establish a clear timeline of your injuries and the treatment received. This timeline can be crucial in proving the extent of your injuries and the cost of medical care.
From a legal standpoint, there are statutory limitations on the time you have to file a personal injury claim in certain jurisdictions. Failing to seek medical treatment promptly can jeopardize your ability to pursue legal action within the necessary timeframe. In the State of New Jersey, you have a 2 year statute of limitations from the date of the accident to file a personal injury claim. The clock is ticking every single day following your accident, and this is why it is important to tackle the issue as soon as possible.
How Do Medical Records Serve as Crucial Evidence in Personal Injury Cases?
Medical records, such as doctor’s notes, diagnostic tests, and treatment plans, serve as crucial evidence in personal injury cases because they help establish definite causation between the accident and your injuries, providing strong proof of the harm you’ve suffered. As previously mentioned, it must be proven that the defendant’s negligence or wrongful actions directly caused your injuries in order to develop a strong personal injury case.
Leigh A. Raffauf
Partner, Harrell Injury Law