Why Delayed Medical Treatment Can Hurt a Personal Injury Case

Medical documentation is the foundation of every personal injury case. After a negligence-related accident, it can provide evidence of your injuries, establish proof of your medical expenses, and demonstrate the impact of your injuries on your daily life. Delayed medical treatment can not only break the causal link between the accident and your injuries, but it can potentially reduce the compensation you would otherwise be entitled to receive.

Getting the medical help you need promptly after an accident, and continuing to treat until you have reached maximum medical improvement, can strengthen your personal injury claim and ensure you are in the best position to maximize your monetary recovery.

Key Takeaways

• Medical documentation is the foundation of every personal injury claim. It is essential evidence that proves the existence of a victim’s injuries, justifies medical expenses, and demonstrates how the accident-related injuries impacted a victim’s daily life.
• In car accident cases, a victim must seek initial medical treatment within 14 days of the crash in order to qualify for personal injury protection (PIP) benefits. Failure to do so can result in being denied coverage.
• Any delay in seeking medical care after an accident can reduce a victim’s credibility, break the causal link between the accident and their injuries, weaken the evidence in the case, and ultimately lead to a lower settlement offer.
• Under Florida law, an accident victim is legally required to take reasonable steps to mitigate their damages after an accident. This includes seeking timely medical care and following a doctor’s recommendations.
• Insurance companies scrutinize harmful gaps in care, including sporadic visits, abandoning treatment before reaching maximum medical improvement, and missing specialist appointments.

Understanding Florida’s 14-Day PIP Rule

In car accident cases, you must receive initial medical treatment within 14 days of the collision in order to use Personal Injury Protection benefits (PIP) under Florida law. The clock begins to tick on the date of the accident, regardless of when symptoms of injuries may appear. Significantly, the statute does not provide for any excuses or reasonable explanations. Failure to see a medical provider for initial treatment purposes within this window can result in being denied coverage, resulting in you being responsible for paying all of your medical treatment out of pocket.

However, it’s important to be aware that PIP only covers up to 80% of reasonable medical expenses and 60% of lost wages. This means that the full $10,000 doesn’t necessarily mean that amount gets paid out. It’s the ceiling on what the allowable reimbursement can add up to.

The Impact of a Delay in Medical Treatment on Your Personal Injury Case

Whether the incident involved a car crash, slip and fall, motorcycle collision, pedestrian knockdown case, or any other type of accident, it’s crucial to seek medical attention immediately. Even if you do not think you’ve been badly hurt, many types of injuries do not manifest until weeks after an accident. But while your injuries may be initially masked by adrenaline, shock , and confusion, delaying medical treatment can make it more difficult to establish the nature and extent of your injuries if you pursue a personal injury action.

Specifically, delayed medical treatment can result in:

• Reduced credibility: A delay in treatment can result in the insurance company downplaying your injuries and arguing you are not as hurt as you claim.
• Broken causation link: Your medical records provide the link between the accident and your injuries. If you wait too long to obtain medical treatment, the insurance company may try to argue that your injuries were not caused by the accident at issue.
• Weakened evidence: Early medical evaluations can help to establish the nature, severity, and timing of your injuries, and connect them with the accident. Without these initial records, it may be more difficult to establish the injuries you sustained and how they are related to the accident.
• Lower settlement offer: Delaying or failing to treat can result in a lower settlement offer from the insurance company.
• Worse medical outcome: Not only can your personal injury case and right to compensation be affected by delaying treatment, but your health can suffer as well.

Notably, under Florida law, an accident victim is required to take steps to mitigate their damages. Any delay in seeking treatment can lead the defendant to argue you failed to take reasonable measures to prevent your injuries from worsening. This includes seeking appropriate medical care and following your provider’s recommendations. Failing to obtain treatment or follow your doctor’s orders can lead to the insurance company arguing that you contributed to the worsening of your condition and should not be compensated for damages that could have been avoided with reasonable care.

Types of Treatment Gaps That Can Harm Your Claim

A gap in treatment is any extended period of time in which you did not seek medical care after an accident. Such an interruption can reduce the credibility of your claim and impact your overall compensation. However, it’s not just delaying the initial medical treatment that can harm your case, there are several different types of treatment gaps that can affect a settlement. These include the following:

• Delayed initial treatment: Waiting days or weeks after an accident to seek initial medical treatment can make the insurance company question the severity of your injuries.
• Lapses mid-treatment: Starting medical treatment, stopping in the middle, and resuming can signal to an insurance company that your injuries are not serious enough to warrant consistent treatment.
• Sporadic doctor visits: Allowing long periods of time to lapse between your doctor visits and follow up appointments can lead the defendant’s insurance company to argue your injuries are not as serious as you claim.
• Abandoning treatment: If you abandon treatment before you reach maximum medical improvement, your medical records will be incomplete and your damages may be more difficult to establish.
• Failing to attend specialist appointments: If you were referred to a specialist by your primary care physician, it’s essential that you attend those appointments. Failing to do so can result in an insurer arguing that you did not take steps to mitigate your damages.

Although delayed medical treatment doesn’t always mean you cannot recover compensation, it’s critical to understand that any gap will be heavily scrutinized by the insurance company. Because Florida law requires accident victims to take reasonable measures to mitigate their damages, it’s vital to follow your treatment plan, attend any follow-up visits, and avoid unnecessary interruptions in care.

Contact an Experienced Florida Personal Injury Attorney

If you were injured in an accident caused by someone else’s negligence, it’s important to get the medical help you need right away. However, while filing to promptly treat may complicate your claim, it doesn’t always bar you from receiving compensation for your injuries. At Saka Bryant, P.A., our personal injury attorneys will evaluate your case, advise you regarding the pitfalls that could potentially harm your claim, and work to ensure you receive the maximum monetary recovery to which you’re entitled. Contact us to schedule a free, confidential, no-obligation consultation to discuss your case and learn how we can assist you.