After an auto accident, some people understandably refuse medical attention. The last thing you might want when you've just been through a traumatic experience is to be under hospital observation. But what you might not realize is that by delaying medical care, you can cause even more problems down the road.
This is why allowing medical care can be beneficial to your claim, giving your personal injury lawyer more evidence to work with in the future.
In the following article, we will detail why medical treatment is important after a car accident and why you shouldn't decline it.
Reasons Why People Refuse Treatment After An Accident
After a car accident, many people choose not to get medical attention because they believe their injuries are not serious. People may also avoid going to the doctor because they are anxious about being at a hospital, or believe they can't afford it.
It's important to remember that car accident injuries aren't always apparent immediately. An injury's symptoms could be still developing or the victim is in shock so they cannot feel the pain, or both.
Going to the doctor after an accident is very important, not just for legal reasons but also because it may be essential for your own health in general. Some injuries, including concussions, can get worse if not treated right away. In addition, the shards of glass that sliced your head or torso during the crash can later become infected if you don't have your injuries treated.
Ignoring an injury has consequences. It's possible you sustained a serious injury without realizing it, and due to a refusal to seek medical attention, your injury claim could be affected. It is in your best interest both medically and legally to accept treatment.
In the event of an accident, it is best to allow medical professionals to perform their jobs, even if it is unpleasant for you.
What Happens If You Refuse Medical Care?
Refusing medical attention after a car crash could negatively impact your legal case. You may also be risking your health.
If you don't get checked out by a doctor after being hurt, there won't be any documentation of your injuries for your attorney to present if you decide to sue the other party. Collecting medical evidence after a car accident can make or break your claim.
You have only three years from the accident's date to file a personal injury claim in New York. However, you must prove your injuries with documentation, which includes medical records. Even if the other motorist was entirely at fault, the severity of your injuries may increase the amount of compensation you receive. However, if there are no medical records of your injuries, it can be difficult to prove.
Seeking medical attention after a crash shows how seriously you take your injuries and the situation.
Personal Injury Claims Explained
New York is a no-fault state, which means your own insurance covers your medical bills and injuries. However, if your losses exceed your insurance coverage, you do have the option to file a personal injury claim against the at-fault party. In a legal claim, an injury sustained as a result of another party's negligence is referred to as a "personal injury." To pursue a personal injury claim in New York, you must be able to prove that the other person's negligence contributed directly to your injuries.
If you sue another party, and are unable to agree on a settlement, your personal injury case may go to trial, where a jury will decide the amount of money you are entitled to receive. At trial, your attorney will submit evidence to the jury. However, if the issue of your failure to seek medical help is raised, the jury may factor that into their decision on where you should be awarded lesser compensation or nothing at all.
Compensation awarded in a personal injury case may also be both economic and non-economic damages.
Call Brandon J. Broderick If You Have Questions About Your Personal Injury Case
You should talk to a New York personal injury lawyer about your specific situation and if medical records are important. It is possible to make a claim even if you have declined medical care, but your attorney may advise against doing so because resolving your case may be more difficult or worth less without medical records.
Brandon J. Broderick has represented injury victims in New York for decades. We can assist you in filing a claim for further compensation whether or not you have received medical treatment.
Give us a call to schedule a free consultation.