How Delay in Medical Care Hurts Your Car Accident Case

October 29, 2024 by Greg Baumgartner

Accidents happen in an instant. Immediately following an auto accident, you may be hurt, and you may also be shaken up. You might be under a lot of stress, especially if the collision was severe. The police will respond and will ask you if you need medical attention. Sometimes, the paramedics will arrive on the scene and perform a preliminary check. Medical personnel are looking for serious injuries that would require immediate transport to the hospital. How delay in medical care hurts your car accident case is something you should be aware of. What should you do if you do not immediately feel injured?

Seek Medical Attention Once You Think You Need It

Although you may not go to the hospital by ambulance from the scene, seek medical attention sooner rather than later. The longer you wait to get medical care, the more difficult it will become to prove that your injuries occurred because of the accident. Many people report feeling fine right after a crash, only to realize later that they are injured.

Adrenalin Can Mask Injury

You may not feel pain right after an accident. This delay is called the “fight or flight” response of the human body. The body produces a high level of endorphins that can alter or suppress both emotional and physical trauma. Some people only feel pain after the accident is over and their body is back to normal. The result is that you may not know whether you have sustained an injury immediately following an accident and if it is severe enough to warrant medical care.

Do Not Wait to See a Doctor

The general rule of thumb is to get medical treatment when you can and no later than 72 hours after the accident. It is better to see the doctor on the same day as the accident. You may struggle with whether your injury is bad enough for a doctor’s care. Whether you go to an emergency room or urgent care, getting checked out by a doctor is vital to a personal injury case.

Visit the doctor even if you do not immediately think your injury is serious. Some injuries, such as head trauma, will worsen if you do not get proper diagnosis and treatment. If you hit your head or if you were knocked unconscious, you should always go to the doctor within just a few minutes of the accident.

Let Your Doctors Know You Were in A Car Wreck

You can seek the care of any qualified doctor, but explain that the reason for your visit was your involvement in a vehicle accident. This information will be noted on the medical records and prove you sought medical care for your accident-related injury. You can see a PCP, a specialist, or a chiropractor or visit the emergency room. Remember that this is just the first step in your medical treatment. You must continue to follow through on the medical care you obtain. Keep records of your doctor or hospital visits, medical services, and medication bills.

How Delays Hurt Your Injury Claim

There are four reasons to avoid gaps or delays in getting medical care.

1. Your credibility will be at stake– While most automobile accident injury claims are settled before trial, more cases are being filed in court to obtain full compensation for the victim. If a lawsuit is filed, you will be deposed under oath. The best defense lawyers will not attack the plaintiff during deposition but will set the plaintiff up for a withering cross-examination at trial. Most people believe they can explain the gaps in treatment or delay in getting diagnosed. Unfortunately, they are wrong.

• The severity of the injury will be questioned. The common insurance company tactic for waiting to get medical treatment or to obtain follow-up treatment promptly is that you were not hurt that bad. In closing arguments, a question routinely asked jurors goes like this: “Could it have been that bad if they waited two weeks to get treatment?” Or “do you believe that getting treatment after two months was because it was needed or to build their case?”

• Doctors may not testify regarding the cause- One evidentiary rule required of the victim is to obtain testimony from a qualified doctor that the accident caused the injuries. Delay in getting diagnosed after an accident can hurt your lawyer’s ability to obtain that necessary testimony. If a doctor cannot say in the medical probability that the accident caused the injury, you will get no compensation. Even if your doctor is willing to testify, a defense doctor will challenge your injuries. Delay makes the defense doctor’s job very easy.

• The value of your case can be affected – Insurance companies have been increasingly sophisticated in their evaluation of claims. Many insurers now use computer programs to determine their opinion of the claim. Gaps in treatment and delay are factored into the algorithm and reduce the insurance company evaluation.

Talk to An Experienced Attorney for Auto Accidents

Do not wait to get an attorney.

If you have questions, we have answers. Our car accident lawyers have been helping Houston families for more than three decades. There is never a charge for an initial injury consultation. Call (281) 587-1111!

Baumgartner Law Firm

Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representa-tion and personalized attention to every client.

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6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111