Contrary to some media impressions, most people who are involved in a car crash don’t get rushed to the hospital, immediately hire a lawyer, or get away injury free. For many, dealing with the aftermath of losing the use of a vehicle, getting to work, delivering children to school, and tackling other life obligations takes precedence. It is only a few weeks or months later that you realize there is an injury, and then the medical spiral begins.
If this scenario seems familiar, you might wonder if it is still possible to file an injury lawsuit since you didn’t get checked out right away. At Clear Counsel Law Group this comes up frequently. It is important to understand your rights to file a claim, the timeline, and the concept of liability. The following covers these in detail.
Liability: Cause and Effect
The key question in any personal injury case is, “Did the accident caused your injury?” If it did, you have grounds to make a claim. However, proving this connection can get tricky. Adding a delay in seeking medical attention makes a difficult situation worse but it doesn’t automatically disqualify your claim nor is all hope lost.
Why Seek Immediate Medical Attention?
If you’re injured and don’t visit a doctor immediately, it increases the odds your injury can worsen or become chronic. It also becomes more challenging for a personal injury attorney to prove that your injury resulted from the accident.
This difficulty arises because part of the evidence in personal injury cases includes medical records right after the incident. Delays between the crash and a medical evaluation leave the door open for the defense to claim something else caused your injury or that your injury was less severe at first, but treatment was avoided.
The Role of Your Support Network
If you haven’t sought medical treatment but have shared your pain and struggles with friends, family, colleagues, or employers, these conversations can be valuable. Make a list of these people for your attorney. They can be called on to make depositions or provide in-court testimonies that support the fact that you were injured. They can further provide context about why you chose not to seek immediate medical attention.
Documenting Your Injury
Keeping a diary of your injury and how it affects your daily life can be extremely helpful. In a diary, you can note down specific difficulties you face every day due to your injury, like trouble taking care of yourself or not being able to engage in activities you enjoy. This type of documentation provides a detailed account of your struggles and helps demonstrate the impact of the injury on your daily life.
Delayed Symptoms and Suffering in Silence
It is also possible to seek early medical assistance and have an injury overlooked. What if your symptoms appear or worsen months after the accident? Or perhaps you’ve been enduring pain that you were told would go away on its own?
You can still make a claim in these instances, but it might be harder to convince a jury or an insurance adjuster that your injury is linked to the accident. You might also look at an additional claim for medical mistakes.
In such situations, your claim could involve a serious injury because of the delay. A more severe injury is helpful in filing a case due to the complexities of proving it. Your communication with your doctors becomes vital. Inform them about your suspicions regarding the cause of your symptoms, so they can make an informed judgment that might support your claim.
Your Right to Claim
Delaying medical treatment after an accident doesn’t necessarily disqualify you from making a personal injury claim, but it does add layers of difficulty to proving fault. Immediate medical attention is always advisable, not just for evidentiary purposes but also for health reasons. However, if you find yourself in a situation where you’ve delayed, remember that you still have options. Contact Clear Counsel Law Group if you find yourself in this situation. Seeking legal advice is a smart move that empowers you to assert your rights and take the best course of action.