Last updated on November 1st, 2023
Following an accidental injury, always seek immediate medical treatment. Any gaps in treatment can result in increased injuries that would have been prevented with a timely diagnosis. In such circumstances, insurance adjusters can even assert that your injuries were not a result of the said accident and, therefore, they have no liability.
At Dyer, Garofalo, Mann & Schultz, we have seen a number of people who didn’t see the doctor on time, which affected their claim for compensation. These circumstances can lead to a lower settlement or even a loss of total compensation for your personal injury case. Our legal team advises victims to avoid gaps in the treatment of personal injuries so as to maximize your compensation for injuries. Once you begin treatment, seek legal help from our personal injury attorneys.
Regarding personal injury claims, gaps in your medical treatment can significantly impact your case. These gaps create several essential considerations:
Personal injury claimants have a responsibility to take all necessary steps to recover from their injuries as promptly and effectively as possible. Timely interventions have been shown to stabilize the condition of victims suffering from traumatic brain injury (TBI). This means failing to seek timely medical treatment can hinder your body’s healing process. This could give the defendant an opportunity to dispute liability.
Gaps in treatment may raise questions about whether another accident or incident occurred that could have caused or exacerbated your injuries.
For example, if you seek medical attention 12 months after suffering a slip and fall accident, there could be problems with obtaining compensation. Insurance companies and opposing parties may use the gap to question the causal link between your injuries and the incident in question.
A significant break in your medical care can inadvertently create the impression that your visits to doctors, physical therapy, or other medical treatments are not genuine or necessary.
For example, you claim to have suffered a severe back injury and began a therapy regimen. After two months, you stop immediately, only to resume after a while. It could be argued that you are manufacturing injuries to obtain compensation. This puts your claim in the question of credibility, potentially leading to disputes over the validity of your injuries.
To strengthen your personal injury claim, seek prompt and consistent medical care, follow your healthcare provider’s recommendations, and maintain a clear record of your treatment journey. This will help demonstrate the legitimacy of your injuries and the seriousness with which you are addressing them.
Gaps in treatment can occur for legitimate reasons. Therefore, they do not necessarily imply that you are not injured.
The initial phase of addressing an injury often involves consultations with healthcare professionals and diagnostic procedures. Sometimes, there may be a reasonable gap between the accident and the start of treatment as medical experts conduct comprehensive assessments. This initial gap is essential to ensure that the right course of action is taken and the treatment plan is tailored to the specific injuries.
In many instances, particularly with certain types of injuries, the body requires a period of natural healing and recovery before more active medical intervention can begin. For example, minor soft tissue injuries or fractures may initially be managed with rest, ice, and immobilization. During this early phase, there might be a gap in active medical care as the body is given the opportunity to heal naturally. This is a legitimate part of the treatment process.
Complex injuries often require staged treatment approaches. This means there are planned gaps between different phases of therapy to assess progress and adjust the treatment plan accordingly. For example, after an initial phase of physical therapy, there may be a gap to evaluate whether the patient responds well to the treatment or if modifications are needed. These planned intervals are medically justified and should not be viewed as a lack of commitment to recovery.
These scenarios are perfectly understandable. However, you will need to consult with a personal injury attorney. They will document the legitimate reasons behind your treatment gaps. This record will prevent the insurance company from misrepresenting these gaps as a lack of genuine injury or commitment to recovery.
When you have experienced gaps in the medical treatment of personal injuries, it doesn’t mean your case is without merit. At our firm, we understand there are legitimate reasons for treatment gaps that are entitled to proper compensation. A personal injury lawyer will guide you through this process to ensure that your rights are protected. We will build a strong case on your behalf and advocate for your best interests throughout the case. Contact us today for a free case evaluation.
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