FAQ: Resuming Medical Care After a Gap — Can You Still Seek Compensation in New Jersey?

Short answer: Yes — in New Jersey you can resume medical care after a gap and still seek compensation for your injuries, but the gap can affect proof of causation and damages. You should act promptly, document the reasons for the break, preserve medical records, and consult an attorney before settling. This is general information and not legal advice.

Detailed answer: how New Jersey law treats gaps in medical treatment

When you bring a personal injury claim in New Jersey (for example after a car crash, slip-and-fall, or medical negligence), the core legal issues the court or jury considers are:

• Did the defendant cause your injury (causation)?
• What are the nature and extent of your injuries (damages)?
• Did you make reasonable efforts to reduce your damages (mitigation)?

A gap in medical treatment does not automatically bar a claim. But it creates three common evidentiary problems plaintiffs must address:

1. Causation and continuity of symptoms. The defense can argue that the injury resolved during the gap or that a new event (after the gap) caused current symptoms. To overcome this, you need contemporaneous medical records, credible symptom timelines, and medical opinions linking current complaints back to the original incident.
2. Damages and reasonableness of care. The defense may say the plaintiff failed to mitigate damages by not seeking immediate care. New Jersey law expects plaintiffs to act reasonably to limit losses; however, “reasonable” depends on the circumstances (financial limits, access to care, fear of hospitals during a pandemic, or following a doctor’s guidance can all be reasonable reasons for a gap).
3. Credibility. A long unexplained gap can hurt your credibility with a jury or adjuster. Clear documentation and honest explanation of the reasons for the break help preserve credibility.

Statute of limitations (timing to file)

Do not confuse a treatment gap with the time limit to file a lawsuit. In New Jersey most personal injury claims must be filed within two years from the date of the injury. That rule is set by statute (see N.J.S.A. 2A:14-2). You should confirm the exact deadline that applies to your case because different rules can apply in certain circumstances (for example, claims against public entities or medical malpractice claims often have different deadlines and notice requirements).

Reliable source: New Jersey Legislature — general statutes: https://www.njleg.state.nj.us/ (see N.J.S.A. 2A:14-2).

Duty to mitigate damages

Under general New Jersey tort law, plaintiffs have a duty to take reasonable steps to mitigate damages — that is, to seek reasonable medical care to prevent worsening of injury. What is “reasonable” depends on the facts: financial hardship, lack of access to care, or following initial medical advice can justify a gap. If you resumed appropriate care and your treating clinicians can explain the circumstances of the break, a court or jury is less likely to penalize you.

What you need to prove after a gap in treatment

To preserve a strong claim after a gap, focus on these elements:

• Documented timeline — written notes, emails, or records showing when symptoms first appeared, when you sought care, and why you paused treatment.
• Medical records — obtain records from all treating providers before and after the gap. Continuity is strongest when records show consistent complaints and objective findings that tie to the original event.
• Medical opinions — treating doctors or retained experts should connect current injuries to the original incident and explain any expected healing patterns and why a gap did not negate causation.
• Evidence explaining the gap — receipts, correspondence, or testimony showing barriers to care (financial, transportation, insurer issues, or public-health concerns) or reasonable belief that the condition had improved.

Common defenses and how to address them

• Defense: The condition is new or from another event. Response: Produce medical opinions and consistent symptom history showing continuity.
• Defense: Plaintiff failed to mitigate. Response: Demonstrate reasonable reasons for the break and that you resumed appropriate care once practicable.
• Defense: Injury is minor. Response: Use objective tests, treatment notes, and expert testimony to show extent and permanence if present.

Practical steps to take right now in New Jersey

1. Seek medical evaluation now — even if symptoms seem minor. Prompt evaluation creates a contemporaneous record.
2. Obtain and preserve all medical records (before and after the gap). Request complete records and bills; keep copies of appointment confirmations and intake forms.
3. Write a clear timeline — date of incident, dates of treatment, reason(s) for any gaps, and dates symptoms changed.
4. Tell new providers the full history, including the prior gap and why it occurred. Ask them to expressly link your current condition to the original incident if appropriate.
5. Contact an attorney experienced in New Jersey personal injury law before you give recorded statements or sign releases from insurers. Early legal advice helps protect your rights and guide evidence gathering.
6. Watch the statute of limitations deadline; file suit or secure necessary notices within statutory time frames to avoid losing your claim.

Helpful Hints

• Always document why you paused treatment — a clear, contemporaneous explanation helps your credibility later.
• Even if you feel better, a single follow-up exam and imaging can preserve your ability to prove lingering injury or future complications.
• Ask treating clinicians to create treatment notes that reference the original incident and the timeline of symptoms.
• Keep receipts, appointment confirmations, and communications with insurers or providers that show barriers to care.
• Do not sign broad liability releases from insurers without legal review — those can limit your future claims.
• Contact a New Jersey personal injury attorney before settlement discussions if your injury required any medical care after the gap.

Where to find more resources

New Jersey Legislature (statutes): https://www.njleg.state.nj.us/. For the statute of limitations for personal injury actions see N.J.S.A. 2A:14-2. If you are unsure how the statute or special notice rules apply to your situation (for example claims against municipalities or medical malpractice), talk to a lawyer promptly.

Disclaimer: This article explains general principles of New Jersey law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.