Disclaimer: This article provides general information about Missouri law and is not legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When you’re a passenger injured in a Missouri vehicle accident, maintaining continuity of care is vital to preserve the value of your personal injury claim. Continuity of care means receiving consistent, ongoing medical treatment from healthcare providers following the accident. Courts and insurers often scrutinize gaps in treatment or changes in providers, using these as a basis to dispute causation or damages. Here are the key steps to protect your injury claim:
- Seek Immediate Medical Attention: Even if pain seems minor, visit an emergency department or urgent care within 24–48 hours. Immediate documentation establishes a clear link between the accident and your injuries.
- Choose a Primary Treating Provider: Select one primary physician or clinic—ideally, a doctor experienced in auto-accident injuries. Inform other specialists (e.g., orthopedic surgeons, chiropractors) that you are under one umbrella of care.
- Follow Prescribed Treatment Plans: Attend all scheduled appointments, adhere to physical therapy regimens, and take medications as directed. Skipping or delaying visits can be cited by insurance companies to argue that your injuries are not serious or not caused by the accident.
- Document Every Visit: Keep copies of medical records, bills, imaging reports (X-rays, MRIs), prescriptions, and physical therapy notes. Missouri courts consider thorough documentation as strong evidence of injury and treatment necessity.
- Report New or Worsening Symptoms Promptly: Immediately notify your primary provider if you experience new pain, discomfort, or reduced mobility. This timely reporting helps maintain a continuous medical timeline.
- Preserve Proof of Out-of-Pocket Expenses: Save receipts for co-payments, prescription costs, travel to appointments, and any medical devices. These expenses can factor into your total damage claim.
- Understand Missouri’s Statute of Limitations: Under Missouri Revised Statutes §516.140, you generally have five years from the date of the accident to file a personal injury lawsuit. Failing to file within this period can bar you from recovering damages. RSMo §516.140
- Inform Your Insurer in Writing: Provide a timely, written notice of your injuries to the at-fault driver’s insurer and your own auto insurer if you have MedPay or Personal Injury Protection (PIP) coverage. This step preserves your right to benefits.
- Discuss Expert Opinions: If your injuries are complex (e.g., traumatic brain injury, spinal damage), consider independent medical examinations or expert reports to strengthen your claim of causation and permanency.
- Consult a Missouri Personal Injury Attorney: An attorney can guide you through evidence gathering, medical documentation, and negotiations with insurers to ensure your care continuity supports your injury claim.
Helpful Hints
- Keep a daily injury journal describing your pain levels, mobility issues, and how injuries affect daily activities.
- Use a single point of contact—your primary treating physician—to coordinate referrals to specialists.
- Request electronic copies of medical records to avoid transcription errors and delays.
- Confirm your insurance benefits, including MedPay or PIP limits, to maximize available coverage.
- Contact your employer if you miss work for treatment; document lost wages and obtain written proof.
- Avoid social media posts about your accident or injuries; these can be used against you.
- Store all communications with insurers in a dedicated folder to track correspondence and deadlines.