Can you Sue If You Didn’t Seek Medical Care After an Accident?

Can you Sue If You Didn’t Seek Medical Care After an Accident?

When someone suffers an injury due to an accident, the first step is often to seek medical care. However, there are instances when one may not immediately go to a doctor. Some such reasons are delayed symptoms, minor cuts/bruises, an assumption that one is not hurt, or the injury is not serious enough. 

In such a scenario, people may be left wondering if they can still seek compensation since they did not seek medical attention. We are here to answer that for you. 

Insurance Company Needs Medical Records

It is as simple as that; an insurance company of the at-fault party will not give you compensation if there is no proof of your injuries. In that regard, medical records validating the severity and cause of the injury become pertinent. Since you will not have any documentation of your injuries whatsoever, it is very simple for the insurer to reject your claim. Hence, every personal injury attorney will always advise you to seek medical attention after an accident regardless of the severity of the injury. 

Taking too long to seek medical care

In an alternate scenario, if one takes too long to seek medical care, they may also face some issue in recovering their compensation. Here’s why. It is best to have medical documentation as close to the date of the injury as possible, preferably the same day. But the longer the gap, the more complicated the claim becomes. It is so because the insurer may argue that since you took so long to seek treatment, it is likely that injury was not serious enough and one is not entitled to the compensation they’re seeking.

The onus of proving damages lies on the plaintiff

In a personal injury case, the victim must show that the at-fault party’s negligence caused the injuries as well as the damages that led to incur expenses, suffer losses, or experience emotional anguish. In that case, if there are no medical records, it is difficult for you to prove the existence of injuries as well as the fact that the seriousness of the injury led to other expenses as well. 

What to do if you get injured?

As the top injury attorneys in New York, we advise to ALWAYS seek medical care as soon as you get injured. The severity of the injury does not matter. It is absolutely critical that you visit a doctor and get medical attention as well as adequate documentation. It will make the process of getting the deserved compensation simpler. At the same time, remember to keep your medical records safely as well as track/journal all the appointments and treatments that you took.

If you or someone you know has suffered an injury due to someone’s negligence, you need a top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.

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