Short Answer

Yes. In New Hampshire you can generally resume medical care after a gap in treatment and still pursue compensation for your injuries, but a treatment gap can affect how insurers, defense lawyers, and a judge or jury view your claim. The key issues are causation (showing the injury was caused by the incident), mitigation of damages (showing you reasonably sought care), and meeting any applicable deadlines. Clear documentation and timely steps after you resume care strengthen your claim.

Detailed Answer — How gaps in treatment affect a New Hampshire personal injury claim

This section explains what a gap in care means to your claim, why it matters under New Hampshire law, and what you can do to reduce problems.

1. Why a gap matters

• Causation questions: The defendant may argue your current symptoms are unrelated to the accident or were caused by some other event that happened during the break in treatment.
• Failure to mitigate damages: New Hampshire law allows a defendant to argue that a plaintiff failed to reasonably reduce (mitigate) their damages. A long, unexplained gap can be used to suggest you did not take reasonable steps to treat or limit harm.
• Credibility and damages reduction: Insurance adjusters and juries may view gaps skeptically and reduce the value of your claim or refuse to pay for later treatment unless causation is clearly tied to the incident.

2. What courts and insurers look for

They will examine:

• Medical records showing the history of symptoms before, during, and after the incident.
• Notes showing why you stopped treatment (cost, insurance issues, waiting for appointments, believing symptoms would resolve, COVID-related access problems, etc.).
• Evidence showing symptoms continued or recurred after the gap (doctor exams, MRIs, tests, prescriptions).
• Expert opinions linking the later treatment to the original injury.

3. Practical steps to preserve your claim after a gap

If you’ve had a gap and want to resume care and preserve compensation rights, take these steps:

1. Resume care promptly. Schedule a comprehensive evaluation with a treating provider and ask for a clear medical history in the record that documents the onset, course, and recurrence of symptoms.
2. Document reasons for the gap. If you stopped because of insurance, work, child care, transportation, or COVID-19, ask your provider to include that reason in the record or prepare a contemporaneous written explanation for your file.
3. Get objective tests if appropriate. Imaging (X-ray, MRI), functional testing, or specialist evaluations can help bridge the gap by showing ongoing injury-related issues.
4. Keep all medical bills and receipts. Save invoices, prescription records, and proof of payments to show financial impact of care both before and after the gap.
5. Preserve evidence of your symptoms during the gap. Journals, photos, employer notes, or contemporaneous communications to family or friends noting pain can help corroborate that symptoms persisted during the gap.
6. Get expert support. A treating physician’s opinion or an independent medical expert can explain how a gap does not break the causal chain between the accident and later treatment.

4. Timing and New Hampshire deadlines

Personal injury claims are subject to New Hampshire time limits (statutes of limitations). Missing the deadline can bar a claim even if you later seek treatment. For reliable, up-to-date text of New Hampshire statutes, use the official RSA site: https://www.gencourt.state.nh.us/rsa/html/. If you are uncertain about deadlines, consult an attorney promptly so you do not lose the right to sue.

5. How courts typically resolve disputes about gaps

Courts do not automatically deny recovery solely because of a gap. They consider whether the plaintiff acted reasonably under the circumstances. If you give a reasonable explanation for the delay and medical evidence connects later treatment to the original injury, you can still recover for both immediate and later care. Expert testimony can be crucial to establish causation after a gap.

Helpful Hints

• Resume medical care as soon as you can. The sooner you document ongoing problems, the stronger your claim.
• Ask doctors to write clear medical histories that mention prior treatment, the incident, symptom persistence, and the reason for any gap.
• Keep a simple symptom diary showing dates and severity — this is credible, low-cost evidence.
• Save all medical bills, receipts, prescriptions, and correspondence with insurers or providers.
• If finances or insurance kept you from care, collect proof (denial letters, notes about lost work, communication with providers showing you asked for help).
• Talk to an attorney early. Even if you plan to keep treating, an attorney can advise on deadlines, evidence to collect, and how to position your claim so a gap doesn’t undermine recovery.
• Expect defenses: be ready to explain the gap and provide objective medical support linking treatment to the event that caused your injury.
• Don’t sign settlement offers before you finish reasonable treatment; a settlement may waive your right to later compensation for treatment you still need.