How can a passenger in a vehicle accident maintain continuity of care to protect an injury claim? – SD

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When a passenger suffers injuries in a car crash, consistent medical care proves critical. It shows insurers and courts that you took your injuries seriously and followed professional advice. Below are key steps under South Dakota law to maintain continuity of care and protect your injury claim.

1. Seek Immediate Medical Evaluation

Visit an emergency department or urgent care within 24–48 hours of the accident—even if you feel fine. Early exams document injuries before they worsen. Keep records of admission times and triage notes.

2. Follow Prescribed Treatment Plans

Adhere strictly to your doctor’s instructions. Attend all physical therapy, chiropractic visits, imaging appointments, or specialist referrals. Skipping appointments creates gaps that defense lawyers use to argue you weren’t seriously injured.

3. Document Every Medical Encounter

Save intake forms, physician notes, test results, billing statements and payment receipts. Ask each provider for a detailed summary of your diagnosis, treatment plan, and prognosis. This documentation builds a clear timeline.

4. Keep Records Organized

Use a binder or digital folder. Chronologically label records by date and provider. Include emergency room records, follow-up visits, prescription receipts and therapy notes. Well-organized files speed review and bolster your claim.

5. Communicate Openly with Each Provider

Tell every medical professional about all your symptoms, prior injuries and other treatments. Consistent reporting prevents defense teams from claiming you changed stories or hid facts.

6. Review Health Insurance, MedPay and UIM Coverage

South Dakota allows medical payments coverage (MedPay) and uninsured/underinsured motorist (UIM) benefits. Understand policy limits, deductibles and notice requirements. Timely notice to insurers avoids coverage disputes.

7. Monitor the Statute of Limitations

South Dakota law gives you three years to file a personal injury lawsuit from the accident date. See SDCL § 15-2-14: sdlegislature.gov/15-2-14. Missing this deadline can bar your claim forever.

Disclaimer: This article does not provide legal advice. For guidance tailored to your situation, consult a licensed attorney in South Dakota.

Helpful Hints

  • Keep a daily journal of pain levels and physical limitations.
  • Take dated photos of visible injuries throughout recovery.
  • If you change doctors, get a referral or transfer summary to avoid treatment gaps.
  • Request electronic medical records if possible for faster sharing.
  • Notify your health insurer promptly after each visit.
  • Aim to never go more than 30 days without seeing a provider once treatment begins.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.