A car accident often leaves victims feeling scared and disoriented. Many find themselves overwhelmed and unsure in the aftermath of such an intense event as a vehicle collision, which can affect their initial assessment of injuries. Furthermore, victims might later disagree with the treatment plan a doctor suggests. This uncertainty can lead victims to question their ability to file a claim, especially if they initially refused medical treatment post-accident.
Seeking a medical evaluation right after an accident is crucial for documenting your injuries and linking them to the incident. While not seeking immediate medical care for your injuries can complicate your claim and the pursuit of compensation, it doesn't mean you're without options.
If you haven't yet received a medical evaluation, diagnosis, or treatment for injuries sustained from the accident, it's imperative to do so without delay. You might still be eligible for financial compensation even if your injuries did not require immediate treatment. Consulting with a seasoned Pennsylvania car accident attorney is vital to discussing your situation and understanding the legal options available to you.
What Are the Consequences of Declining Medical Treatment After a Car Accident in Pennsylvania?
After a car accident, the main concern might be the well-being and safety of the individuals inside the vehicle, such as passengers or family members. Your mind may be consumed with safeguarding the safety of your family and other significant events that are taking place at the scene. Occasionally, individuals who have been involved in accidents may refuse medical treatment at the scene of the accident. They may have the belief that they have not experienced significant bodily harm. They may perceive the accident as minor because they were able to exit their vehicle and it did not suffer substantial damage. They may have concerns regarding the financial implications of calling an ambulance or seeking medical attention at the emergency department. On the other hand, they may have the belief that their injuries will naturally recover without requiring any type of medical care.
It is very important to understand that an accident may trigger a release of adrenaline, which may conceal your symptoms or, at the very least, diminish their severity. There is a possibility that your symptoms may deteriorate in the days and hours following the accident. Postponing medical care can have detrimental effects on an individual's overall health, as the seriousness of injuries can greatly escalate. Certain types of injuries, like internal bleeding, can even become life-threatening if left untreated. In addition, it has the potential to prolong your recovery period or lead to the onset of persistent health problems.
Prompt medical attention and treatment should be pursued immediately upon becoming aware of the injury, regardless of whether it has been several hours, days, or weeks since the accident occurred. When consulting a physician, make sure that you provide a detailed account of your symptoms following the accident. Be accurate in your explanation regarding the connection between the accident and your injury. Whiplash, a common soft tissue injury in car accidents, often has a delayed start. Although you are pursuing compensation, it is crucial to prioritize your health, particularly your long-term well-being.
What Makes Declining Medical Attention at the Accident Site Problematic?
Declining medical care immediately after a car accident can lead to adverse legal outcomes and endanger your health. Seeking prompt medical evaluation not only underscores the seriousness with which you regard your injuries and the accident but also plays a critical role in legal proceedings.
Without an immediate medical assessment, providing concrete, documented evidence of your injuries becomes challenging for your lawyer, especially if you decide to pursue legal action against the responsible party. The absence of early medical documentation weakens your claim, as insurance companies might use your refusal of on-site medical attention to question the extent of your injuries, arguing that significant injuries would have necessitated immediate treatment.
However, it's important to note that refusing on-scene treatment doesn't bar you from filing a claim later. You're still entitled to seek medical attention from Urgent Care, an Emergency Room, or your primary physician should symptoms develop.
In Pennsylvania, the statute of limitations for personal injury claims is two years from the accident date, necessitating the demonstration of injuries through medical documentation. The potential compensation could correlate with the severity of the injury, enhancing your claim if the other party was at fault. Yet, without medical records to substantiate your injuries, proving fault becomes significantly more difficult.
What Should Be Done if I Object to a Proposed Treatment Plan or Decide Against Medical Care at a Later Stage?
Disagreeing with a treatment plan or refusing medical care at a later stage can have implications for your claim. Consistently following the medical treatment plan set after an accident is as crucial as initially seeking treatment. If you miss appointments or turn down recommended treatments, your claim's value could suffer. Should you stop treatment or ignore a doctor's advice, insurers may claim your recovery is complete or accuse you of exacerbating your injuries to inflate your claim's value.
You retain the choice to make decisions about your healthcare, even if insurance companies might not agree with all treatment approaches, such as chiropractic care, which some insurers contrast with their preference for non-invasive pain management methods like massage and stretching over medication or injections.
If you're unsure about the adequacy of a proposed treatment, exploring alternative therapies or seeking a second opinion is reasonable. Insurance companies are less likely to contest the cost of an alternative treatment that the medical community has determined is effective for your particular injury.
While following medical advice is advisable, especially with an ongoing personal injury claim, you're encouraged to explore different treatment options or seek further clarification about recommended treatments. It's important to discuss any concerns with family members, especially if there are doubts about the doctor's suggestions. Potential compensation outcomes shouldn't be the only factor influencing your choice of treatment.
Consulting with your PA personal injury attorney is beneficial for understanding how various treatment decisions might affect your claim's value. Unlike insurance companies, your attorney's priority is safeguarding your rights and ensuring you receive the full compensation you're entitled to.
Will My Settlement Be Reduced Due to My Delayed Visit to a Doctor?
Not seeking immediate medical attention after a car accident doesn't automatically disqualify you from receiving a settlement.
Although delaying medical consultation can diminish the potential settlement amount and make your claim more challenging, it's still possible to secure a settlement by leveraging other evidence in your favor.
Factors such as the nature of your injury, the timing of your eventual medical treatment, and the documentation of your injury through imaging tests, among others, can compensate for the lack of immediate medical care.
Your settlement might be lower, but with strong evidence demonstrating the severity of your injury and its impact on your life, you can still aim for a settlement within the typical range for similar injuries.
Achieving this requires a strategic approach in court, focusing on your specific injury claim and highlighting aspects that might enhance the value of your settlement.
How Can I Safeguard My Personal Injury Claim in Pennsylvania?
Even if you choose not to receive medical treatment immediately after an accident, it's critical to visit a hospital as soon as you can. Additionally, contacting an experienced personal injury attorney in Pennsylvania promptly after an accident is advisable, especially if you declined on-scene treatment.
Rescheduling a medical appointment could help mitigate any negative impact on your claim. Discuss with your lawyer the possible consequences of refusing specific treatments and how it could influence your claim. Although the decision on medical treatments is ultimately yours and your family's, understanding the potential effects on your personal injury claim in Pennsylvania is essential.
"Personal injury" legally describes harm incurred due to someone else's negligence. In Pennsylvania, establishing the other party's negligence as the direct cause of your injuries is necessary for pursuing a personal injury claim.
In the event that negotiations fail, a judge or jury may decide the amount of compensation that you will receive. Your lawyer will argue your case, presenting evidence at trial. If the jury perceives your delay or refusal to obtain medical assistance as a factor, it could result in a lesser award or potentially none at all.
Car Accident Lawyer Brandon J. Broderick Is Available To Help You With Your Personal Injury Claim in Pennsylvania
It is important to discuss your specific situation with an experienced Pennsylvania personal injury attorney to determine the importance of medical records in your case. While filing a claim is possible even if you've declined medical treatment, your lawyer may advise against it due to the potential complications or diminished value of your case without medical documentation.
Brandon J. Broderick has been advocating for the rights of injured individuals in Pennsylvania for decades. Regardless of whether you've undergone medical treatment, our team can guide you through the process of claiming compensation. Don't let the postponement of treatment after an accident deter you from achieving a fair resolution.
Contact us today to arrange a free consultation. We look forward to assisting you.