The aftermath of a car accident can be stressful, chaotic, and overwhelming, particularly if the accident caused serious injuries. Depending on the nature and severity of the crash, the resulting injuries can require extensive and ongoing medical treatment, which can be extremely costly. While a successful personal injury claim will ensure that you recover the damages you are entitled to, the outcome of your claim will depend on a number of factors, including whether you sought immediate medical treatment following the accident.
Even if your injuries seem minor, it is imperative that you are examined by a medical professional as soon as possible. If you fail to do so, the insurance company may present a lowball offer or deny your claim.
What Are the Most Common Reasons People Delay Medical Treatment?
In the moments following a car accident, it can be difficult to remain calm and take the right steps to ensure that your legal rights are protected in the event that you pursue a personal injury claim. There are a number of reasons why people may avoid or delay seeking immediate medical treatment following a car accident, including the following.
Injuries Do Not Seem Severe
Oftentimes, the shock of the accident can cause adrenaline to course through the body, masking pain and other symptoms associated with the injury. In some cases, you may experience this adrenaline surge for several hours after the accident. If you are not feeling any pain or discomfort at the scene of the accident, you may assume that your injuries are minor and do not warrant seeking medical attention. However, this is not the case unless you were involved in a very minor fender bender where there was minimal damage to the vehicle, and there were clearly no injuries involved.
Concern Over the Cost of Care
This is a valid concern, considering the high cost of healthcare. If you do not have insurance or you have a high deductible, you may avoid medical treatment, particularly if your injuries do not appear to be life-threatening. However, even if you do not have insurance, it is highly recommended that you talk to your healthcare provider as soon as possible following the accident, as delaying this can make it difficult to recover any damages.
You are in a Rush
There is no “good time” for a car accident. In fact, they often occur when you are on your way to work, to an important appointment, or picking your children up from school. After waiting for the police to arrive at the scene, getting medical attention will take more time, causing a further delay. If your injuries appear to be minor, you may be even more likely to avoid seeking medical attention so you can get on with your day.
How Will Delayed Medical Treatment Affect My Car Accident Claim?
Whether you were involved in a minor fender bender or a devastating collision, one of the most important steps you must take following the accident is to seek medical attention in order to diagnose your injury and get the necessary treatment. If the other motorist involved in the accident was at fault, and you pursue a personal injury claim, delaying medical attention can negatively impact the outcome of your claim in the following ways:
Undiagnosed Injuries Can Become More Serious
Certain injuries may not present obvious symptoms right away. For example, some injuries do not always cause pain, discomfort, or other symptoms immediately following the accident, including:
- Whiplash
- Internal bleeding
- Soft-tissue damage
If you avoid getting treatment right away, these injuries can become more serious and difficult to treat. In some cases, they can become life-threatening. Delaying treatment can hinder the healing process and lead to more serious complications.
In addition, the insurance company may argue that your injuries must not be very serious if you did not find it necessary to seek treatment. As a result, they may deny your claim or offer a settlement that will not come close to covering your total damages.
Delayed Medical Attention Can Have Legal Consequences
Insurance companies and the opposing party’s lawyers are always looking for any reason to avoid liability. They will use the fact that you did not seek medical attention against you to avoid paying a large settlement amount. In addition, if they are able to prove that you are even 1% at fault for causing the accident, you will be prohibited from recovering any damages.
This is due to the fact that Virginia follows the “strict contributory negligence” rules, which state that you are barred from recovering any damages if you were partially at fault for causing the accident. This rule applies to causing the accident, as well as aggravating your injuries. Defense lawyers may argue that delaying medical treatment is considered a failure to mitigate damages and that you share responsibility for the severity of your injury.
Virginia Follows the “Golden Hour” Rule
This rule emphasizes the importance of seeking medical attention within the first hour after an accident. Ideally, emergency medical technicians will arrive at the accident scene within that time frame. If not, and you are unable to get to a hospital or medical facility within that first hour, it is highly recommended that you get medical attention as soon as possible. This will help ensure that your injuries are properly diagnosed and treated, and will increase the chances of a successful personal injury claim.
You May Lack the Necessary Medical Evidence
In order to build a strong personal injury claim, you must provide evidence that your injuries were caused by the car accident. This includes copies of your medical records that explain the nature and severity of the injury and what caused the injury. They also help provide a timeline of the injury, the treatment you received, and the recovery process.
This documentation will help ensure that you recover the financial compensation you deserve. If you delay getting treatment, you may not have the medical evidence necessary to negotiate a fair settlement.
Your Credibility Can be Damaged
The longer you wait to seek treatment, the more likely it is that the other party’s insurance company will argue that either your injuries must not be serious if seeking medical treatment was not a top priority, or that your injury was caused by something other than the car accident.
What Should I Do if I Waited to Seek Medical Treatment?
If you did not get immediate medical attention at the scene of the accident, you do not need to panic. However, it is crucial that you make an appointment with a healthcare professional and explain your situation. Provide details about when the accident occurred, the symptoms you have started to experience, or that have become more intense.
Most healthcare providers understand that you may not experience symptoms immediately based on the type of injury you have. They will make sure that your injury is properly documented and provide you with copies of your medical records.
The following are important steps you should take, particularly if you delayed seeking treatment:
Step One: Follow Your Healthcare Provider’s Instructions
It is very important that you go to all scheduled appointments, take the prescribed medications, attend therapy sessions, get plenty of sleep, and avoid any movements or activities that could aggravate your injury or slow the recovery process. If you fail to do so, the insurance company will likely question the severity of your injury and possibly deny your claim.
Step Two: Do Not Miss Any Follow-Up Appointments
If you skip or cancel any of your follow-up appointments, the insurance company will assume that this is because your condition has improved significantly, which can affect your claim.
Step Three: Keep copies of all medical documentation
This includes test results, prescription medications, medical reports, and any other documentation related to your injury. This will provide evidence of the extent of your injuries, as well as the financial impact they have, and may continue to have.
Step Four: Keep Track of Your Pain and Limitations
Make sure that you keep detailed notes about how you feel on a daily basis, whether your pain is subsiding or getting worse, mobility issues, how well you are sleeping, and how your injury is affecting your mental health.
The Virginia Beach Car Accident Lawyers at Anchor Legal ® Assist Clients With Every Step of the Claims Process
If you were injured in a car accident, a Virginia Beach car accident lawyer at Anchor Legal will ensure that you receive prompt medical attention after the collision to ensure that you recover the damages to which you are entitled. We will help you navigate the claims process and negotiate the best possible settlement outcome. For a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.