03
Apr
The Importance of Prompt Treatment for Personal Injury
During the confusing and stressful time after an accident, it is critical to see a medical professional as soon as possible to document your complaints of pain; whether or not you intend to bring a personal injury lawsuit at that time. Often-times, people feel that their injuries are simple sprains and strains which will resolve in a couple of days or weeks so they opt not seek the appropriate medical care. After the pain persists for multiple months, they then decide to go to see a medical professional only to learn that the “sprains and strains” which they originally self-diagnosed are in reality much more significant. It is at this point that most individuals who were injured by the negligence of others decide to take legal action.
First and foremost, the most important thing for all our clients is to ensure that they get the medical care and treatment they need. Treatment should be gauged upon need and its ability to help the person. We encourage our clients to seek treatment in order to provide curative and palliative care to protect their health. Secondarily, the prompt seeking of treatment documents and may substantiate the timing of the injury and the extent. WE encourage our clients to seek treatment for the primary purpose, but acknowledge that there may be a secondary purpose as well.
The insurance companies and defense lawyers who evaluate these personal injury claims are quite savvy and will use any means possible to persuade a jury that you were either not injured as a result of their client’s actions or that the injuries you are suffering from were pre-existing. The most common and one of the most effective arguments that they make is the lack of immediate medical attention. A typical argument to the jury may sound like this:
“Ladies and gentleman of the jury, Mrs. Smith will have you believe that she suffered a permanent, life altering injury in this accident in the form of a herniated disc in her neck. She will have you believe that the injury occurred at the moment of the accident, but doesn’t it seem odd to you that she did not see Dr. Jones for the first time until three months after the accident. There was no ambulance needed at the accident scene, no emergency room visits, no medical treatment and no documented complaints of pain to her neck for three months. If the injury was that bad, that significant, that life altering, isn’t it suspicious that she did not seek medical attention for such a long time? Wouldn’t a reasonable person who was truly injured with an injury such as this go to the hospital…”
The moral of the story is that if you feel any pain or discomfort as a result of an accident, it is advisable that you seek medical attention immediately. It would also be in your best interests to contact a doctor even if you do not have specific complaints of pain. Get yourself checked out. It is better to be safe then sorry. If it turns out that there is not significant injury and no lawsuit, you have lost nothing. In the event that your injuries are significant and permanent, you will have accomplished two goals: mitigating the injury through the immediate medical care/diagnosis/treatment and preventing the defendant from arguing that they could not have caused the injury because you never complained about pain for an extended period of time.
Personal injury lawsuits are very complex and there is no guarantee of success. Following these simple guidelines can help you to get the appropriate medical diagnosis and care, while at the same time taking one element away from a defendant who will try to make you out to be a liar.