When your injuries seem minor after an accident, it can be tempting to push off getting medically evaluated. However, waiting too long to see a doctor can have serious consequences for both your health and your personal injury claim. For more information regarding how delaying medical treatment can affect your case, continue reading and consult with a knowledgeable Washington, D.C. injury attorney today.
How Can Delaying Medical Treatment Affect My Personal Injury Case in D.C.?
Delaying medical treatment can significantly and negatively impact the outcome of your personal injury case in Washington, D.C. The defense attorney or insurance company will often use the gap between the accident date and your first medical visit as an argument against the severity or even the legitimacy of your injuries.
Causation is vital to secure compensation, and a delay weakens the causal link between the accident and your injuries. If you wait weeks or months to seek treatment, the defense can argue that a subsequent, unrelated event caused your injuries, or that they aren’t serious enough to warrant compensation. They may claim that a person with serious injuries would typically seek immediate care.
A delay can also reduce the monetary value of your claim. The defense may argue that any worsening of your condition is due to your own failure to mitigate damages by seeking prompt treatment, rather than the defendant’s negligence. This may limit the amount of compensation you can recover for medical expenses and pain and suffering. To protect your health and your legal rights, seeking medical attention immediately following an accident is essential, even if you feel the injuries are minor. Documenting your injuries from day one provides the strongest evidence for your claim.
What is Washington, D.C.’s Contributory Negligence Law?
Washington, D.C., adheres to the strict legal doctrine of contributory negligence. This rule is important in personal injury cases because it can completely bar a plaintiff from recovering any compensation, even if the defendant was largely at fault.
Under contributory negligence, if a court finds that the plaintiff contributed in any way to the cause of their own injury, even 1%, they are legally prohibited from recovering damages from the defendant. This is an extremely harsh standard compared to the comparative negligence laws used in most other states, which allow compensation to be reduced proportionally to the plaintiff’s share of fault.
Defense attorneys and insurance companies will aggressively search for any evidence that the plaintiff was negligent, such as failing to wear a seatbelt, jaywalking, or, as discussed earlier, delaying medical treatment. If the defense successfully proves even a minor lapse in care on the plaintiff’s part, the entire case could be dismissed, and the plaintiff could recover nothing. Because of this, it is crucial to consult with a D.C. injury attorney who can anticipate and counter contributory negligence defenses from the start.