Understanding Continuity of Care After a Vehicle Accident in West Virginia

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before making decisions about your injury claim.

Detailed Answer

As a passenger injured in a West Virginia vehicle accident, it’s vital to maintain continuity of care to protect your injury claim. Continuity of care means following a consistent, documented treatment plan from the moment you first seek medical attention through your full recovery.

Why Continuity of Care Matters

• Demonstrates that you took reasonable steps to mitigate damages under WV Code § 55-7B-3.
• Prevents defense arguments that gaps in treatment worsened or caused your injuries.
• Creates a clear timeline of symptoms, treatments, and costs for your attorney or insurer.

Key Steps to Maintain Continuity of Care

1. Seek Immediate Medical Attention: Visit an emergency department, urgent care clinic, or your primary care provider within 24–48 hours of the crash. Early records document your injuries and tie them directly to the accident.
2. Follow All Treatment Plans: Adhere to prescribed therapies, medications, imaging studies, and referrals. Skipping appointments can give the defense grounds to question whether your injuries were as serious as claimed.
3. Use a Single Primary Provider: Whenever possible, choose one doctor or clinic as your main treating provider. If you must switch, request that your medical records transfer promptly to avoid gaps.
4. Document Every Visit: Keep copies of all records—including exam notes, test results, prescription orders, and physical therapy logs. Organize them by date to show an unbroken chain of care.
5. Maintain a Symptom Journal: Write daily entries describing pain levels, mobility issues, side effects, and improvements. This personal log supports your medical documentation.
6. Save All Bills and Receipts: Preserve invoices for copays, prescriptions, therapy sessions, and related expenses. These help calculate your economic damages.
7. Notify Your Insurer and Attorney Promptly: Provide updates and copies of medical records. Early involvement of counsel helps you understand deadlines and evidence requirements.

Additional Considerations Under West Virginia Law

West Virginia follows a modified comparative negligence rule (WV Code § 55-7B-7). If you share fault, your recovery reduces by your percentage of fault. Strong medical documentation rebuts arguments that your own conduct caused or exacerbated your injuries.

Helpful Hints

• Book follow-up appointments before you leave the office.
• Ask providers to explain any unexplained gaps in treatment.
• Use an app or calendar to track medical appointments and reminders.
• Keep digital copies of records in a secure cloud folder.
• Inform your treating providers that their records may be used in litigation.