Why Delayed Medical Treatment Can Damage Your Injury Claim
The insurance company wants to see consistency in care and that you received medical treatment promptly after an injury. If you delay being evaluated or there are gaps in treatment, this gives insurance a basis for claiming that your condition is less serious than you initially claimed. Unfortunately, even if you do take the appropriate steps, a claims adjuster may still claim that your injuries are less serious than you let on. If insurance is currently disputing a recent injury claim you submitted, you should speak with our Charleston personal injury lawyers at John Price Law Firm, LLC.
Insurance May Claim Your Injuries Are Less Serious
Insurance is seeking any reason to undermine your claim. If you wait to seek treatment, insurance may claim that your injuries were not as serious as you testified (since you were able to wait to be medically evaluated). Unfortunately, by waiting, some of your wounds may have begun to heal, making your initial injuries appear less severe.
Gaps in Treatment Create Gaps in Your Medical Record
If you pursue medical care after the incident but then miss follow-up appointments, this can be just as damaging to your injury claim. Gaps in treatment create irregularity in care, which could cause the insurance company to insist that a later treatment was unrelated to your initial injury. Without consistent documentation showing otherwise, your claim is bound to be undervalued or denied.
Insurance May Insist on Settling Sooner
Most personal injury claims settle once a person reaches maximum medical improvement (MMI). This is the point at which you will no longer make meaningful physical recovery, as determined by your treating practitioner. However, if you have a history of missing treatments, insurance is more likely to insist on settling sooner. A claims adjuster knows that your claim is weakened when you delay treatment, so they will use it to their advantage to lowball your settlement offer.
Failure to Mitigate Damages
South Carolina common law requires that the plaintiff make efforts to mitigate their damages following a personal injury. A failure to do so could result in your compensation being reduced. However, if you wait to be medically evaluated, you run the risk of insurance failing to distinguish between your current injuries and a pre-existing condition.
Difficulty Distinguishing Between Old and New Injuries
Unfortunately, a pre-existing condition could make you more susceptible to serious injuries than a perfectly healthy individual. Under the eggshell skull rule, a plaintiff is entitled to the full extent of damages, even if they suffered an unforeseeable injury due to a prior condition. However, you should be evaluated immediately to identify new-onset symptoms resulting from your personal injury or accident.
Reach Out to Our Charleston Personal Injury Attorneys
If you have been injured, it is crucial to seek medical attention right away. Seeking this care will help your physician assess the extent of your injuries and link them to your accident. At John Price Law, our Charleston personal injury lawyers have dedicated their professional lives to helping injured persons with great success. Let us put our knowledge and experience to work for you. To schedule your free consultation, our Charleston office can be reached online or by calling (843) 552-6011 today.