Car accident victims, when there are no signs of major injuries, assume that everything is okay and try to ‘shake off’ the experience, only to find their condition worsening in the days and weeks that follow. By that point, there is a gap between the accident and your first visit to the doctor. This gap in medical care will quietly become a factor that can damage an otherwise valid claim for compensation. Insurance companies extensively scrutinize claims and often use gaps in the treatment as a justification for reducing compensation.
At Alex Yadgarov & Associates, we understand how important immediate medical treatment can be for a compensation claim. In this post, as your Queens car accident lawyer, let us explain why delayed medical treatment can hurt your case and what you need to do to protect yourself.
Why Do Accident Victims Delay Medical Treatment?
First things first, can delayed medical treatment hurt your case? Yes, it can. When insurance companies go through your case and notice gaps in your treatments, they will try to use it against you to justify a reduced settlement, claiming you aren’t as injured as you claim to be.
Nevertheless, there are many reasons that accident victims delay seeking medical treatment. Some of the most common reasons include:
- Not feeling any immediate pain or symptoms, masked by shock or adrenaline
- Believing that the injuries are minor
- Concerns about medical costs
- Busy work and family commitments
- Hoping that the symptoms will improve without treatments
If you’re involved in an accident, get yourself checked out by a doctor, no matter how small the injury may seem at first. Not only will this help spot hidden injuries, but it will also save you a lot of trouble when trying to claim compensation.
What Injuries Commonly Have Delayed Symptoms?
Some of the most common car accident injuries that show delayed symptoms include:
- Whiplash
- Concussions
- Soft tissue injuries
- Internal bleeding
- Herniated disc
- Back injuries
How Do Insurance Companies View Delayed Medical Treatment?
As your Brooklyn car accident lawyer, we want to emphasize that an insurance company will not always have your best interest at heart. When they see a gap in treatment while reviewing a case, they rarely give the claimant the benefit of the doubt. Adjusters are trained to spot weaknesses in your claims and use them against you to significantly reduce or deny compensation.
When adjusters see delayed medical treatment, some of the positions they take include the following:
- Contending that the injuries were not caused by the accident.
- The injuries are less severe than what the claimant is claiming.
- The current symptoms are caused by a separate event, completely unrelated to the car accident.
- The claimant failed to take reasonable steps to minimize their losses (i.e., mitigate damages).
However, understand that these positions are not automatically accepted. You can use medical evidence, expert testimony, and other manners of evidence to refute these claims.
How Long is “Too Long” to Wait?
In New York, there’s no bright-line rule when it comes to delayed medical treatment. However, the general rule is that the longer you wait, the more difficult it becomes. Here’s a practical breakdown that can help you see how long is “too long” to wait.
Same day or within 24 hours
- Insurance risk level – Low
- Impact on your case – Minimal (You’ll be able to gather the strongest possible medical evidence)
1-3 days
- Insurance risk level – Low-moderate
- Impact on your case—Modest (The delays are easily explainable, and many cases get resolved quickly).
1-2 weeks
- Insurance risk level – Moderate
- Impact on your case – Moderate (The insurance adjuster will raise serious questions on the gaps and delays in treatment)
2-4 weeks
- Insurance risk level – High
- Impact on your case—Significant (Causation becomes more difficult to prove)
More Than a Month
- Insurance risk level – High
- Impact on your case—Serious (Strong medical evidence and a legal strategy are needed to win the case)
What Should You Do If You Didn’t Seek Immediate Medical Care?
While delayed medical treatment can impact your case, it’s not the end of the road. If you follow these steps, you’ll be able to salvage the situation and still walk away with the compensation you deserve.
- Schedule a medical evaluation as soon as possible.
- Be honest with the doctor about when your symptoms began
- Follow all the recommended treatment plans
- Keep copies of bills and medical documents
- Preserve accident-related evidence
- Contact an accident lawyer in New York to understand your rights and liabilities.
Conclusion
Delaying medical treatment following a car accident is an issue that can slowly undermine a victim’s compensation claim. When insurance adjusters review your case and find significant gaps in your treatment, expect them to use it as a justification for reducing compensation and, in some cases, denying compensation.
While delayed medical treatment is a problem, a careful legal and medical strategy can help reduce the damage. If you’re looking for an attorney to help you get the compensation you deserve, get in touch with Alex Yadgarov & Associates. Call us and schedule your free consultation today!