How not getting medical care could hurt an injury claim

| Jul 27, 2020 | blog

If a car crash, slip-and-fall or similar incident leaves you with a serious injury, everything from your age and gender to pre-existing health conditions can influence your prognosis for recovery. When it comes to any personal injury claim that you might bring against the responsible party, several factors can influence your rights and chances of success.

Adequate medical care is among the various issues that can impact a personal injury claim. Some people think that just getting a diagnosis with a serious injury or condition is all that is necessary for them to bring a claim against someone for serious injuries. However, getting proper medical care, not just a diagnosis, is often very important to a personal injury claim.

Not getting treatment could mean your condition is partially your fault

In a personal injury claim, you ask the courts to award you compensation because another person’s actions have contributed to an injury that has financial repercussions. From lost wages to medical bills, there are many expenses you can claim in a personal injury lawsuit.

The courts could decide to reduce the amount of personal injury compensation that you can receive if the defendant convinces them that you contributed to your injury or to its lasting effect on your life. Not getting medical care, not following through with a physician’s recommendations or not completing physical therapy could all be examples of how your decisions about the care that you receive, possibly motivated out of financial concern, could drastically limit what compensation you get.

If the courts agree that some of the consequences you’ve experienced are due to not getting treatment, they may assign you partial fault under a legal concept known as contributory negligence. Basically, when your decisions and actions contribute to your injury, to its impact on your life or to the circumstances that led to it, the courts can reduce compensation they choose to award you, accordingly. 

Remember that your compensation could cover those medical costs

If you don’t have health insurance or if your coverage is not going to protect you from expenses because of co-pays, coinsurance or a high deductible, foregoing care is still not the best option.

If you advise people at the medical facility that paying your care will involve an insurance claim for a car crash or a premises liability incident, you can often arrange for care without medical insurance getting involved. You can then seek compensation for those expenses from the party responsible for your injuries.

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