Some car crashes are minor and do not result in serious injuries or extensive property damage. In many cases, however, car accidents are extremely serious and result in devastating injuries. Many of these injuries, such as broken bones, are apparent right away. Other injuries, though, such as concussions and whiplash, are not as evident.
People are sometimes involved in car crashes and, believing they were not seriously injured, they do not seek medical attention. This can be a big mistake. Not only can it result in ongoing medical issues, but it can also hurt any legal action you may want to pursue. Below, one of our Baton Rouge car accident attorneys outlines the importance of seeking medical attention after any crash.
Symptoms May Not Show Right Away
There are many different types of injuries that are known as ‘hidden’ injuries. This means they are not apparent right away and do not always show symptoms in the moments, and even days or weeks, following a wreck. These injuries include damage to ligaments, whiplash, and strained muscles. Although these injuries may cause some slight soreness after an accident, you may dismiss it as something minor. Over time, the stiffness and pain may become worse and can result in serious mobility issues.
At times, hidden injuries are also some of the most serious. This is true with concussions and internal bleeding. If these injuries are not treated right away, they can quickly become life-threatening. Seeing a physician immediately after a crash can help ensure these injuries will be discovered and treated right away.
Waiting Can Hurt Your Legal Claim
After a car accident, many people hesitate to see a doctor because they do not think they were seriously injured. Any delay in medical treatment can significantly hurt your health, as well as any legal claim you file.
When filing a claim against a negligent party, you must file with their insurance company. Insurers scrutinize the timing of medical treatment. If you wait too long to see a doctor, the insurance company will likely argue that the accident did not cause your injuries or that they were not serious enough to warrant medical care.
Proving that your injuries were caused by a car accident is one of the most challenging aspects of filing a personal injury claim. Without proper medical care, you will not have the medical records that prove your injuries were caused by the accident. Seeing a doctor will document your injuries and help prove causation, a legal term referring to the fact that you have to establish the direct link between the negligent act and your injuries.
Seeking medical attention is important, but it is just as critical that you tell any doctor you visit how you sustained the injuries. The physician will make a note of this in your medical records, which can also prove the cause of your injuries.
Waiting Can Reduce Your Settlement
Delaying medical treatment can also significantly reduce the total damages you receive in your claim. Insurance companies will use any delay in treatment to argue that your injuries were not caused by the accident, or that you were not seriously injured because you did not feel the need to see a doctor. The insurance company will use this to reduce your claim, or perhaps even deny it altogether.
Waiting can also reduce your settlement because you have a duty to try to mitigate your injuries. This means you must take reasonable steps to reduce the extent of your injuries and financial losses. If you delay medical treatment, the insurance company will also argue that your injuries only became worse because you did not see a medical professional. They will argue that this is a failure to mitigate your injuries and use that argument to reduce your total damages.
In addition to seeking medical treatment, it is just as important to follow through on all treatment recommendations. Again, failing to do so may be seen as a failure to mitigate your injuries, which could also negatively impact your settlement amount.
Our Car Accident Lawyers in Baton Rouge Can Guide You Through the Process
Obtaining the compensation you rightfully deserve after a car accident is never easy. At Big River Trial Attorneys, our Baton Rouge car accident lawyers can guide you through the process, advise on the important steps to take, such as obtaining medical treatment, and ensure your rights are protected so you obtain the full compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to request a consultation and to get the help you need.
