Delays or gaps in medical treatments may affect your California personal injury case. If the insurance company determines these delays, they will likely question the severity of your injuries. In some cases, they can insist that your injuries weren’t caused by the accident, leading to your dismissal.
Suppose you are pursuing a personal injury case in California. In that case, this article will help you understand the importance of sticking to your medical treatments and how gaps or delays in these can negatively impact your claim.
What Do I Do After an Accident Resulting in Injuries?
After an accident resulting in injuries, the first thing you should do is seek medical attention at the nearest hospital. Remember that your health should be your top priority, so contacting a medical professional is best even if you sustained minor injuries from the accident.
After this, there are several steps you can take to protect your legal rights if the accident results from another driver’s negligence, including:
- Inform the appropriate law enforcement agency or the police about the accident. When they get there, they will evaluate the situation and write an accident report.
- Exchange contact and insurance information with the other party. Include names, phone numbers, addresses, and insurance information.
- Gather contact information from any witnesses as well.
- If you can, take pictures of the accident site, being sure to capture the damage to your property and your injuries.
- Contact a California personal injury lawyer to build your case.
Do I Need to Seek Medical Help If I Don’t Have Injuries After an Accident?
Seeking medical help after an accident, even if you don’t immediately exhibit injuries, is often recommended. Some injuries, such as whiplash or internal injuries, may not manifest symptoms right away but can worsen over time.
With a medical evaluation, you can identify any latent injuries and ensure your well-being. Likewise, this can also benefit when pursuing a personal injury case. If you determine that you have injuries, these can be added to your overall payout.
If you accept a settlement offer without considering your possible injuries, you won’t have the right to claim one if it appears after. It is best to consult a medical professional immediately after an accident and contact a California personal injury lawyer who can help connect you with the appropriate doctors for your injuries and determine your overall damages.
How Can Delays in Medical Treatment Affect My California Personal Injury Case?
Your injuries play a vital role in receiving compensation for the damages caused by your accident. If you fail to adhere to your medical treatments consistently, this can negatively affect your personal injury case.
Injuries Could Get Worse.
The apparent reason why you should delay your medical treatment is that your injuries could worsen over time. Remember that the most important thing is securing your health, so consult a doctor immediately after an accident, whether you are experiencing symptoms or not.
Aside from the medical gaps, proper treatments for your injuries also play a vital role in protecting your legal rights. If you consult a doctor who doesn’t specialize in your type of injury, the insurance company may use this against you to reduce your settlement. Personal injury lawyers can also help connect you with the appropriate doctors for your injuries.
Insurance Companies May Argue That Your Injuries Are Not Serious.
Since you are not sticking to your medical treatments, the other party’s insurance company may use this and insist that your injuries are not as severe as you claim. As a result, you may receive a reduced settlement. In the worst-case scenario, this can even dismiss your claim.
Delay in Medical Treatment Diminishes Your Credibility.
If you postpone getting medical attention, insurance companies and other parties can contest the extent of your injuries or claim they have nothing to do with the collision. This, then, can make your claim less credible. As a result, anything you say or argue may become unacceptable or believable.
Insurance Company Can Question Liability
Accurate medical reports and records are essential for recording your injuries and how they relate to the collision. Delaying treatment may result in medical records that are not reliable, which will make it challenging to support your claims.
The opposition could refute your claim by citing the delay as a legal defense. In the period between the accident and treatment, they may contend that other events or intervening factors contributed to your injuries, freeing them of liability.
You must get immediate medical assistance following an accident to safeguard both your health and your legal claim. If you sustain injuries, see a doctor right away and heed their advice. Ensuring your injuries are appropriately identified, handled, and recorded can support your personal injury claim.
Additionally, California personal injury lawyers can connect you with the appropriate doctors, collect all the documents related to your case, and determine the total damages of the accident to maximize your payout.
Lawyer’s Tip: It is almost impossible to contend to open a case if you have already agreed to a settlement. However, there are instances where this may happen under certain circumstances, such as when the insurance company doesn’t adhere to the terms agreed upon. A personal injury lawyer can help defend your legal rights in such instances.
When is the Right Time to Accept a Settlement Offer?
Personal injury claims are not standardized; instead, it is a case-by-case process. Before accepting an offer, there are several considerations when deciding when to agree to a settlement offer in a California personal injury case, such as the following:
- Make sure you are aware of the total degree of your injuries and any possible long-term consequences. Since some injuries might not fully emerge right away following an accident, this frequently takes some time.
- It is crucial to receive all required medical care to achieve “maximum medical improvement” (MMI). Your condition is considered MMI if your doctor feels that more therapy won’t result in a noticeable improvement. You can evaluate the total cost of your medical bills and any potential need for ongoing care by waiting until you achieve MMI.
- Consider possible long-term losses, including continuing medical costs, missed income, and suffering. You can anticipate these future expenditures and negotiate for them in the settlement with the assistance of an expert attorney.
- Prepare to negotiate with the other party or their insurer. Settlement offers are flexible, and your lawyer can support you in ensuring you get paid fairly.
Generally, it’s best to delay accepting a settlement offer. Make sure you have all the knowledge you need to make an informed choice by taking the time to determine the extent of your injuries and other damages.
In most cases, your California personal injury lawyer will help you understand your rights and determine if the settlement offer is fair and acceptable. However, note that YOU make the decision. Attorneys can also give you advice on when you should accept an offer or not.
Do I Need a California Personal Injury Lawyer to Protect My Rights?
If you incur injuries from an accident, it is always best to hire a California injury lawyer to protect your rights. This is because accident victims may have a challenging time handling both their treatments and personal injury cases. In some instances, they fail to focus on their recovery, resulting in a delay in medical treatment.
Moreover, these delays can be grounds to reduce your settlement or dismiss your case. This is why it is highly recommended that you contact a California personal injury attorney who can construct your claim and protect your rights while you focus on your recovery.
A lawyer handling personal injury cases in California can provide the following assistance to enhance the chances of a successful claim:
- Gather essential evidence to build your case.
- Establish the responsibility of the party at fault.
- Evaluate the complete extent of damages sustained.
- Negotiate with the insurance company.
- Proceed to legal trials if required.
Why Choose California Personal Injury Lawyers from Jacoby & Meyers
We recognize that accidents can result in catastrophic and life-changing consequences. Legal representation is essential for fully understanding the physical and emotional impact these incidents can have on individuals.
At Jacoby & Meyers, we are committed to helping accident victims obtain the justice they deserve. In addition to our proven track record of achieving substantial settlements for our clients, we are dedicated to giving back to our communities by facilitating access to essential medical care for accident victims.
Our legal team has streamlined an effective process to ensure that you are well-informed about your legal rights and receive the justice to which you are entitled.
Our devoted team of legal professionals remains resolute in providing exceptional service by:
- Maintaining transparent and open communication throughout the entire course of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in arranging suitable medical treatments as recommended by your healthcare provider.
- Offering support for any other concerns related to your pedestrian accident to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, evaluating the extent of damages, and tenaciously advocating for your claim.
We offer a free consultation where you can receive legal guidance from California personal injury attorneys. To explore your legal options, do not hesitate to contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While many legal firms may offer comparable assurances, we believe in our ability to provide robust legal representation to our clients. For this reason, we invite our past clients to share their positive experiences with our legal services.
“I am thankful I was set up with Senior Case Manager Vanessa Reyes.
I’m having a great experience at Jacoby & Meyers.
I’m thankful that Vanessa Reyes is overlooking my case.
Her quick actions to communicate with me and gather information helped her find the proper care doctors that I needed so I could start my recovery during this difficult time.
I’m genuinely thankful for the Senior Case Manager assigned to me, Ms.Vanessa Reyes.
I feel this firm will truly go above and beyond for your well-being. Thank you for that!”
-JM M.
Work Cited
“Chapter 0-0500 Definitions.” U.S. Department of Labor. Accessed 1 November 2023.
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