When a personal injury case is evaluated by an insurance carrier, they will look for two types of gaps in treatment:
- Did a gap in treatment exist between the date of the accident and first seeking medical care?
- Was there a significant gap between initially seeking medical attention and seeing the appropriate doctor for a follow-up visit?
Once a personal injury claim is filed, an insurance adjuster will investigate when you began treatment to see if it was delayed. If there was a delay in treatment, then the insurance company may dismiss your claim or minimize your injuries. However, some gaps in treatment can be defended, which is why it is important to discuss your legal options with a reputable Personal Injury Lawyer.
Duty of Personal Injury Claimant
Under the law of mitigation of damages, a plaintiff who suffers damage as a result of a breach of contract has a duty to take reasonable steps to mitigate those damages and will not be able to recover any of those losses which could have been avoided. An injured plaintiff cannot refuse to seek treatment or delay seeking treatment while filing a personal injury claim.
For example, if you’re in a car accident and you suffer a head injury, you cannot avoid medical treatment while sitting at home, and then request compensation for your pain and suffering. Under the law of mitigation, it is your duty to mitigate your damages by going to a doctor and doing physical therapy. After you receive medical treatment, an attorney will be able to help you recoup your medical expenses, missed time at work, and emotional damages sustained from your injury.
Gaps in Treatment that Won’t Hurt Your Claim
Life can throw a lot of obstacles in our way that don’t always line up with our schedules. And sometimes, we all miss doctor’s appointments due to unforeseen circumstances beyond our control. That does not mean we are not injured or experiencing pain. In the case of getting treatment for your personal injury claim, the same unpredictable nature of life applies. So, if there is a justifiable reason as to why you have a gap in treatment, then it will not impact your claim. Other acceptable gaps in treatment include:
- Needing to see a specialist who was booked out for a long time
- Dealing with a sick family member
- Recovering from surgery
Steps to Protect Your Claim
To build a strong case for you personal injury claim you will need to minimize gaps in medical treatment and consider the following steps:
- Follow medical advice: attend all scheduled appointments and adhere to your healthcare provider’s recommended treatment plan.
- Document everything: keep detailed records of all medical visits, treatments received, and any communication with healthcare providers regarding your injuries.
- Communicate proactively: if financial or logistical issues arise, communicate these challenges with your lawyer or healthcare provider to explore alternative solutions
What is the Litigation Process for a Personal Injury Case
The litigation process can be complex or straightforward, depending on the details of the accident. You can expect the litigation process of a personal injury case to go as follows:
- Filing a lawsuit: Your attorney will file a legal complaint in court. This complaint outlines the facts of the case, the basis of the claim, and the damages you seek. A form of the complaint must also be delivered to the defendant.
- Discovery phase: Both parties will exchange information through discovery, which includes:
- Depositions
- Interrogatories
- Speaking with expert witnesses
- Pre-trial motions and settlement discussions: Attorneys may file pre-trial motions to resolve certain disagreements before the trial. Mediation or arbitration may occur to provide an alternative resolution without taking up the court’s time.
- Trial: If the case goes to trial, both sides will present their evidence to a judge or jury. This process includes:
- Opening statements
- Witness testimony
- Cross-examination
- Closing arguments
- Verdict: After both sides have presented their arguments and evidence, a verdict will be reached by the judge or jury. If the court rules in your favor, the judgment will specify the amount of compensation you are set to receive.
- Appeals: The losing party may file a post-trial motion for an appeal to the ruling. If enough legal errors are found in the original case, then a higher court can appeal the ruling.
Get Legal Counsel for Your Personal Injury Case
If you or a loved one has been injured due to someone else’s carelessness, contact our dedicated team of Personal Injury Lawyers at Maison Law today. Our firm has handled numerous personal injury cases and we are experts on exercising all legal avenues to pursue the maximum amount of compensation for our clients. At Maison Law, we don’t believe an accident should define the rest of your life. Call us today for a free consultation and case evaluation to see what legal options are available to you.
