Can You File a Personal Injury Lawsuit if You Delayed Seeking Medical Attention After the Accident?
After being involved in an accident because of another person’s negligence, seeking prompt medical attention is one of the most crucial steps. This can help protect not only your health but also your legal rights. However, after an accident, it is not uncommon for people to delay seeking medical care. People fail to see a doctor immediately after an accident for various reasons. If you were injured in an accident in Florida and didn’t seek medical attention right away, you may wonder if you can still file a personal injury lawsuit against the negligent party. So, can you file a personal injury lawsuit if you delayed seeking medical attention after the accident? Simply put, yes. However, your delay could adversely affect the outcome of your case.
Common Reasons for Delayed Medical Care
There are many reasons why people don’t seek medical attention immediately after an accident. First, adrenaline can mask pain or injury symptoms, making it seem as though you are uninjured. Some people feel pain hours or days after their accident. Even if you think you are fine after an accident, you should see a doctor.
Second, some people may delay seeking medical attention because they believe their injuries are minor and will heal on their own. However, some injuries, if left untreated, could worsen.
Third, the fear of missing work or other responsibilities may result in a person deciding not to seek medical attention after an accident.
Another major reason people don’t seek medical attention immediately after an accident is the fear of medical costs. However, if another party was at fault, you don’t have to worry about medical bills, as the at-fault party’s insurance may cover them.
How Delayed Medical Treatment Can Impact Your Personal Injury Lawsuit
While you can file a personal injury lawsuit even if you delayed seeking medical attention, your delay in treatment could hurt your case. Failing to seek prompt medical attention gives the defendant’s insurance company a reason for reducing your compensation or denying your claim. The insurance company may argue that your injuries are not as severe as you claim or that your injuries were caused by something else in an attempt to reduce your compensation or deny your claim.
The at-fault party’s insurance company may also argue that you failed to mitigate damages. Florida law imposes a duty on injury victims to mitigate damages. After an accident, you must take appropriate steps to reduce the extent of your damages, including seeking prompt medical attention. If you fail to mitigate damage, your damages may be reduced.
What To Do if You Delayed Treatment
If you did not seek medical attention immediately after an accident and are considering filing a personal injury claim, all hope is not lost. Gather as much evidence as possible, including medical records, accident reports, and witness statements, and consult a skilled attorney. Even with a delay, strong evidence and skilled legal guidance can help you recover the compensation you deserve for your injuries and damages.
Legal Help Is Available
Contact our skilled Tampa personal injury attorneys at The Pendas Law Firm for legal guidance if you’ve been injured because of another party’s negligence.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Jacksonville, Bradenton, Daytona Beach, Naples, West Palm Beach, Melbourne, Fort Myers, and Fort Lauderdale areas.