Overview: Resuming medical care after a gap — Nevada personal injury claims
This FAQ explains how a break in medical treatment can affect a Nevada personal injury claim. It uses a short hypothetical to illustrate common issues, explains the legal concepts you should know, and lists practical steps to protect your ability to recover compensation.
Hypothetical fact pattern
Imagine you were injured in a rear-end car crash. You visited an emergency room the day after the crash, received pain medication, and an orthopedic referral. You attended physical therapy for two weeks, then stopped because of work and cost. Six months later your pain worsened and you resumed medical care. You want to know whether you can still seek compensation for injuries caused by the crash.
Detailed answer — key Nevada law principles and how they apply
1. You can still pursue compensation, but the gap will be examined
Under Nevada law, a break in treatment does not automatically bar you from recovery. A plaintiff may still recover damages after resuming care if they can show the injury, the cause, and the reasonable relationship between the injury and the defendant’s conduct. However, the defendant will likely use the treatment gap to challenge causation, the severity of the injury, and whether you mitigated your damages.
2. Causation is the central issue
To recover, you must prove the defendant’s conduct caused your injury and resulting damages. When you resume care after a gap, the opponent will question whether (a) the later symptoms are connected to the original event, (b) intervening events caused the worsening, or (c) the condition developed independently. Medical records, treating physician opinions, diagnostic tests, and a clear timeline help establish causation.
3. Nevada’s comparative-negligence framework and its effect
Nevada follows a comparative negligence approach. If the defendant shows you were partially responsible for your harm (for example, by ignoring recommended care), your recovery can be reduced in proportion to your fault. See Nevada’s comparative negligence statute: NRS 41.141.
4. Failure to mitigate damages
Defendants often argue that a plaintiff failed to mitigate damages by not seeking continuous treatment. Nevada law requires injured parties to take reasonable steps to minimize losses. If a jury or judge finds your failure to seek or continue treatment was unreasonable and caused larger damages, your recoverable amount can be reduced. But if your break was reasonable (financial hardship, lack of symptoms, inability to take time off work, following doctor advice), courts are less likely to penalize you severely.
5. Statute of limitations — file within the deadline
Regardless of treatment gaps, you must file your lawsuit within Nevada’s statute of limitations for personal injury claims. Nevada’s statute of limitations for many personal injury actions is set out at NRS 11.190. Failing to bring a claim before the statutory deadline can bar recovery, even if medical care resumes later. See: NRS 11.190.
6. Medical records and expert testimony become more important
When treatment is intermittent, well-documented medical records, contemporaneous notes, imaging, and expert opinions linking the injury to the accident are critical. Treating physicians can explain why symptoms worsened or why there was a pause in care, which helps rebut defense attacks on causation and mitigation.
7. Practical examples of how courts view reasonable gaps
- Short, explained gaps (a few weeks to a couple of months) that are documented (doctor advised rest, financial hardship, work obligations) are often viewed as reasonable.
- Long unexplained gaps (many months to years) make causation harder to prove and invite claims of an independent cause.
- Resuming the same course of treatment and showing continuing complaints increases the chance of proving a continuous injury related to the incident.
What you should do if you stopped care and now want compensation
- Resume appropriate medical care promptly. Follow medical advice and complete recommended tests and treatment.
- Document why you stopped care. Keep records of work schedules, financial notices, conversations with providers, or any other rationale that shows the gap was reasonable.
- Obtain and preserve all medical records, billing statements, imaging, and therapy notes from the initial and resumed care.
- Ask treating providers to state, in writing, whether your current condition is related to the original incident and explain any deterioration after the gap.
- Keep a symptom diary. Note dates, symptom severity, limits on daily activities, and any new events (e.g., separate injuries).
- Consult an attorney early to evaluate your claim, preserve evidence, and avoid missing the statutory filing deadline (see NRS 11.190).
Helpful Hints
- Resume care as soon as you can; long unexplained gaps weaken your claim.
- Get clear written opinions from doctors linking current injuries to the accident when possible.
- Document the reason for any gap (financial constraints, work, prior recovery, doctor’s recommendation).
- Preserve all records and correspondence related to your injury and treatment.
- Remember that recovery may be reduced if a jury finds you unreasonably failed to mitigate damages—so follow medical advice.
- Watch deadlines: the statute of limitations can bar your claim even if you later get treatment (see NRS 11.190).
- Early legal advice helps: an attorney can help obtain medical experts and protect your ability to recover.