Understanding Your Rights if You Didn’t See a Doctor or Follow Their Advice After a Virginia Truck Accident
If you were the victim of a truck accident in Virginia and didn’t seek medical attention after your accident, you may be wondering if it’s too late to contact a lawyer and file a personal injury lawsuit. If you didn’t seek medical attention—or you did but didn’t follow the doctor’s advice, it can be a challenge to build a strong case.
Contacting our experienced Virginia truck accident lawyer can help you take steps to ensure you move forward in an informed fashion and possibly help you build a personal injury case to recover damages from your accident.
Medical Treatment and Impact on Your Personal Injury Case
It is imperative to seek medical attention promptly after a truck accident. Since many injuries are not always immediately obvious when adrenaline is coursing through your body after a crash, you should always get checked out.
This is also an important step for any potential legal action you may take. To allege that you were harmed by the truck accident, you’ll need to provide medical documentation. Without medical records documenting your injuries, it’s challenging to prove the extent of your injuries to the insurance company or in court.
Gap in Care
Insurance companies often use the absence of immediate medical treatment to cast doubt on the severity of your injuries and reduce the amount they have to pay out. They might even suggest the injuries you have weren't caused by the accident. This can weaken your claim and reduce the compensation you receive.
If you eventually do see a doctor, but it is some time after the accident, insurance companies refer to this as a “gap in care” and will try to use the delay to argue that your injuries weren’t as serious as you say.
Not Following Doctor's Advice
If you sought medical attention after your accident but didn’t follow the provider’s advice or didn’t attend follow-up appointments, physical therapy, or other methods of continued care, the insurance company will attempt to discredit your claims that you were severely injured during the accident.
This includes participating in activities a doctor would not recommend after a trucking accident. Social media can and is often used in court to prove that someone has not suffered after a crash.
Insurance companies may argue that your failure to adhere to medical recommendations contributed to your condition, which could result in a reduced settlement offer. Insurance companies will do whatever they can to reduce their obligation in an accident case.
Reasons for Delaying or Deferring Medical Care After an Accident
Some people delay seeking medical attention because they feel ok after a crash. Certain injuries, such as traumatic brain injuries, may not be immediately apparent, which is why you should always get checked out at a hospital.
Avoiding medical attention may occur because of the costs that may be incurred. If you do not understand that someone else is at fault for your trucking accident, you have the right to pursue compensation, which can include costs of medical treatment, vehicle repair, and missed time from work for hospital and doctor visits.
Finally, religious reasons might prevent individuals from wanting to go to a hospital or doctor after a crash.
Why You Should Still Contact a Lawyer
Even if you didn't see a doctor immediately after the accident or didn’t follow all of their advice, you may still have a viable personal injury case. An experienced Virginia trucking accident lawyer can assess your situation and determine whether or not you have a good chance of winning a personal injury lawsuit. Explain to your accident lawyer your reasons for delaying or not seeking treatment or, for now, following the advice you were given, and they can decide whether or not you still have a case.
Avoid Further Mistakes
A lawyer can also help you avoid taking additional steps that could harm your case. They can guide you on what to do or say to avoid jeopardizing your claim further.
Begin Keeping Records
Finally, contacting a lawyer can help you understand how to begin keeping records that can strengthen your case. This includes documenting any medical treatment, keeping track of expenses related to the crash, and obtaining and preserving evidence from the accident.
While failing to see a doctor or following their advice after a truck accident can complicate your personal injury case, it doesn't necessarily mean you can't pursue legal action. By contacting our experienced Virginia accident lawyer, you can work towards securing the compensation you deserve.