The Importance of Seeking Medical Attention After an Accident
You need to seek medical attention immediately after an accident, even if you feel fine. Waiting to seek treatment or downplaying your symptoms can come back to haunt you both medically and legally. In a worst-case scenario, failure to seek timely medical attention could even lead to life-threatening complications such as sepsis.
Injuries aren’t always obvious right away
Some injuries do not produce immediate symptoms. Common delayed symptoms after car crashes or fall accidents, for example, include neck pain (in whiplash, for example) and the various symptoms of traumatic brain injury. These symptoms can take hours or even days to appear.
Adrenaline often masks pain for a while. It does serve a critical evolutionary purpose—it helps you overcome the debilitating effects of pain long enough for you to do what you need to do to survive—fight or flee, for example.
Minor symptoms can mask serious conditions
You need to understand that “mild” symptoms can mask serious problems. Headaches and dizziness can mask a serious head injury, for example. In addition, ignoring an initially manageable injury can generate more serious problems later on.
Early treatment leads to better recovery outcomes
Seeking medical treatment immediately after an accident can prevent a minor injury from becoming a major one. As long as you seek timely medical treatment, doctors can intervene before your issues worsen. And don’t forget that the sooner you start treatment, the faster you can heal.
Navigating the health care system: Emergency room vs. urgent care vs. your primary care physician
Patients typically have three primary care options after an accident:
- Use your primary care doctor for non-urgent issues, ongoing health management, and follow-ups.
- Seek emergency room care for life-threatening conditions or severe symptoms.
- Use an urgent care center for problems that need prompt attention but aren’t real emergencies, such as a cut that requires a few stitches but isn’t bleeding heavily.
Keep all documentation related to your visit for both legal and medical purposes. And remember that follow-up care is just as important as the initial appointment.
Medical records become key evidence in a personal injury claim
It’s difficult to imagine more credible evidence than medical records. Even testimony by a doctor can be more easily questioned, since a doctor’s memory might be suspect.
Documentation links the accident to your injuries, which prevents the defendant and the insurance company from effectively questioning whether it was the accident or something else that caused your injuries. Documentation also establishes the nature and seriousness of your injuries.
Gaps in treatment can hurt your case
Suppose you are involved in a truck accident. You feel fine other than a mild headache. The next day, your headache worsens to the point where you need emergency care. The insurance company will likely use your delay in seeking treatment as evidence that it wasn’t all that serious to begin with, or that any worsening in severity wasn’t caused by the accident.
Judges and juries often see any delay in seeking treatment as a red flag, calling the validity of your claim and your own credibility into question.
You have a duty to mitigate your damages
“Failure to mitigate your damages” means failure to take reasonable steps to minimize your losses after an accident. It is a common defense in personal injury claims. The idea is that you should not be able to recover more from the defendant because you worsened your condition or neglected to care for yourself after the accident.
The defendant might argue, for example, that your injuries are more severe than they would have been if you had sought immediate medical treatment. They might also argue that you failed to follow your doctor’s orders (by returning to work early, for example).
“Failure to mitigate damages” is a partial defense. If the court finds that you failed to mitigate your damages, it will deduct an amount from your damages that represents the amount you could have avoided through the use of reasonable care after the accident.
Pain and suffering claims depend on consistent care
“Pain and suffering” refers to physical and emotional distress, as well as loss of enjoyment of life arising from an injury. Imagine the pain of a broken leg, for example, or a debilitating phobia of dogs after a dog attack. Pain and suffering is often the largest single element of damages in a personal injury claim.
It can also be challenging to prove the existence and particularly the extent of your pain and suffering. The frequency and duration of your treatment is one way of generating evidence of pain and suffering. You might seek treatment from a pain treatment center, for example, or you might seek therapy for a fear of dogs.
Specialist care strengthens your injury case
Treatment by a medical specialist such as an orthopedist, a neurologist, or a physical therapist can greatly enhance the value of your claim. Moreover, specialist reports carry more weight in legal proceedings than reports from general practitioners.
Proof of medical costs supports your financial recovery
Keep every bit of documentation relating to your medical treatment, both paper and digital. This should include bills and receipts for treatment, prescriptions, and therapy, as well as medical records. If you are claiming future medical expenses, you may need documentation from an expert who helps you estimate these expenses.
Insurance companies will question everything
You can be sure that insurance adjusters will look for inconsistencies and excuses to deny your claim. They will even try to access your social media accounts. Don’t give them any ammunition to use against you.
Don’t rely on your own judgment after an accident
It’s not a good idea to diagnose yourself after an accident and conclude that you’re “fine.” Leave that determination to a medical professional who can properly evaluate you, even if you are a doctor yourself. Getting proper medical care now prevents more expensive problems later.
Medical treatment can reveal actionable emotional and psychological injuries
Psychological trauma can be just as damaging as physical wounds. Symptoms such as anxiety, depression, or PTSD require early medical attention. If you are suffering from psychological trauma, mental health records are essential for full compensation.
Don’t wait and wonder—schedule a free consultation today
Since even a “minor” accident can lead to life-altering consequences, you need to start looking for a personal injury lawyer today. The sooner you act, the stronger your claim is likely to be. Call Washington, D.C. personal injury law firm Nace Law Group or fill out our contact form to schedule a free consultation.
Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
Read more about Christopher T. Nace.