California Vehicle Code 20016 covers when organized emergency transportation vehicle departments are permitted to administer medical treatment and transportation to a hospital or surgeon. In California, a person does reserve the right to object to medical transportation. All injured persons also possess the right to decline medical treatment after an accident if they so choose.
What Happens if I Deny Medical Treatment After an Accident?
If you’re involved in an accident, you can turn down treatment as long as you’re conscious and capable of making a sound and reasonable decision. In the case that you are unconscious after an accident, the appropriate emergency medical services will be performed upon you.
California Vehicle Code 20016 states the legal process of emergency medical treatment operations after an accident:
“Any peace officer, any member of an organized fire department or fire protection district, any employee of the Department of Transportation assigned to maintenance operations, or any member of the California Highway Patrol may transport or arrange for the transportation of any person injured in an accident upon any highway to a physician and surgeon or hospital, if the injured person does not object to such transportation. Any officer, member, or employee exercising ordinary care and precaution shall not be liable for any damages due to any further injury or for any medical, ambulance, or hospital bills incurred on behalf of the injured party.”
Even though you have the right to refuse medical treatment, not being seen by a medical professional can significantly impact your injury claim if you decide to sue for damages or settle with the insurance company. Oftentimes, people think they should deny medical attention because they believe they’re not injured or their injuries are too minor to need hospital care. However, if you deny medical treatment at the scene of your accident, the insurance company will likely try to use it against you and argue that you were not injured in the accident or you’re not hurt as you are claiming to be.
It is important to note that if you deny medical treatment, you can still file an injury claim, but the insurance company will likely deny your claim. They will even argue that you contributed to the severity of your injury by denying medical treatment and you are responsible for your damages. For that reason, it is important to seek medical treatment after an accident and reach out to a reputable accident attorney.
Importance of Medical Treatment in an Injury Claim
Medical treatment for your injuries is not only beneficial for your own well-being but will also serve as a critically important component of your compensation. For example, in a car accident, the at-fault driver is legally liable for your injuries. A delay in medical treatment provides them the opportunity to argue that you were responsible for your own injuries instead of their careless actions, which caused the car accident.
A record of medical treatment includes pertinent evidence for your claim. Your medical records can establish the following information:
- Time spent receiving medical treatment
- Nature and extent of your injuries
- The role of the accident in your injuries
- The money spent on your medical treatment
- Your future medical treatment needs due to your injuries
- Doctor’s diagnosis of future treatment and pain management
Do I Need a Lawyer After a Car Accident?
If you’ve been in a car accident, but you’ve only sustained minor injuries like bumps and bruises, you may not need an attorney. However, you should always see a doctor after an accident to ensure you’re okay, no matter how minor your injuries seem. If you’ve suffered significant injuries that have:
- Caused you to miss work
- Require hospitalization, medical treatment, or surgery
- Left you unable to do basic tasks, or live your daily life without physical pain
An accident attorney can assess your injuries and damages to determine if a lawsuit should be filed against the bus company’s insurance. Once a personal injury lawsuit is filed, an attorney will begin negotiating a fair settlement with the insurance adjusters on your behalf. In addition to negotiations, an attorney will:
- Gather evidence
- Witness identification and sworn statements
- Traffic camera footage
- Pictures of the incident
- Interrogatories
- Depositions
- Connect you to trusted doctors for continued treatment
- Assign liability to all additional parties responsible
- Communicate with insurance adjusters on your behalf
- Build a case to confirm your claim
- Represent you in court if your case goes to trial
FAQs
Q: How does “duty of care” apply to a car accident?
A: By law, all drivers must exercise a “duty of care” toward other drivers to prevent harm to those around them.
Q: How many car accident lawsuits end up going to trial?
A: Very few car accident lawsuits go to trial. If there is an unwillingness to settle, then you will go to trial. However, many cases will end up settling out of court.
Q: What’s the deadline for filing a car accident claim in California?
A: 2 years from the date of your accident.
Q: Do I have to go to court to receive compensation?
A: No, you do not have to go to court to receive compensation. Most personal injury lawsuits settle out of court, in which case your attorney will collect your compensation from the insurance company and give it to you.
Contact a Car Accident Lawyer in California
If you or a loved one has been injured due to the carelessness of another driver, the attorneys at Maison Law can get you the compensation you need. No upfront money is required and we don’t get paid unless we win your case. Contact Maison Law today for a free consultation and case evaluation.
