Can You Still File a Claim If You Delayed Medical Treatment?

So long as you have not reached the statute of limitations in Indiana for bringing a personal injury claim, which is two years for most claims, you can still bring a claim even if you didn’t get medical treatment immediately after the accident. However, the longer you wait, the harder it gets. Wherever you are in the process, talk to a Merrillville, IN personal injury attorney as soon as possible.

Yes, in many cases you can still file, but there are some key things you need to know:

1. It Complicates Your Case

To bring a claim, you have to show that your injuries were the result of an accident that was caused by someone else’s negligence. The problem with treatment delay is that it weakens the link connecting your injuries to the accident. The longer you delay, the easier it becomes for the other side to argue that the injuries were related to something else. They may also question whether your injuries are as serious as you claim.

2. You Can Show Good Reason for a Delay, In Some Cases

Although getting immediate treatment is always best, it won’t be a problem if there’s an excellent reason for the delay. For example, if you were in shock and didn’t realize how badly you’d been injured for a while, this would be understandable, particularly if the medical professionals who saw you when you did come in can verify your state. Additionally, some injuries don’t show symptoms right away. Whiplash, for instance, usually becomes most noticeable the day after an accident. Internal bleeding often has no immediate symptoms.

3. Other Evidence Can Help

Let’s say that you knew that you were injured but didn’t have insurance, so you were afraid to go to the hospital because of the expense. Over the next three days, though, things got so bad that you had no choice. How do you prove that your ER visit three days after the accident wasn’t for injuries you sustained later, long after the original accident?

If you have photographs of your injuries from the accident scene, this will go a long way. Witness statements can be helpful here, too. You might also be able to produce receipts for over-the-counter medications or medical supplies that you bought to try to treat yourself.

4. Your Personal Injury Attorney Can Protect You

Your lawyer will take over communication with the insurance company so they can’t manipulate you into saying something they can use against you. Your lawyer will also gather all the evidence and put it together to build a strong case, and your lawyer can even call in expert witnesses in some cases who may be able to help.

If you’ve been in an accident, get medical help as soon as you can afterward. And for help with your claim, call us at Tanzillo Stassin & Babcock P.C. in Dyer or Merrillville, IN so we can help.

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