How Might a Delay in Seeking Medical Treatment Affect the Value of a Personal Injury Claim in MT?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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 you delay seeking medical treatment after an injury, insurers and defense attorneys often argue your injuries are less serious or stem from a different event. That can weaken your claim, hurt your credibility, and lower compensation for medical expenses, lost wages, and pain and suffering.

Causation and Credibility: Prompt treatment creates a clear link between the accident and your injuries. A gap of days or weeks lets the defense question whether a new incident caused your pain. Under Montana’s modified comparative negligence rule (MCA § 27-1-702), any gap in treatment may be used to argue you share fault for not mitigating your injuries.

Damages and Evidence: Detailed medical records bolster claims for future care, lost earnings, and non-economic losses. A delayed doctor visit often means fewer records, less expert testimony, and a lower damage award.

Statute of Limitations: Montana law gives you two years from the date of injury to file suit (MCA § 27-2-202). A delay in treatment does not extend this deadline. Missing it can bar your entire claim.

Mitigation of Damages: Although not explicitly in statute, Montana courts require plaintiffs to take reasonable steps to limit harm. Waiting too long to treat an injury can be treated as a failure to mitigate, reducing your recoverable damages.

Hypothetical Example: Jane slips and hurts her back on March 1 but waits three weeks to see a doctor. The defense argues Jane’s discomfort came from a weekend hiking trip after the fall. With minimal medical notes, Jane’s demand for future therapy and lost wages may drop by tens of thousands of dollars.

Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney about your specific situation.

Helpful Hints

  • Seek medical evaluation immediately after any injury, even if symptoms seem minor.
  • Follow your doctor’s treatment plan and attend all appointments.
  • Keep detailed records of your pain levels, mobility issues, and medical costs.
  • Save all medical bills, invoices, and receipts in one file.
  • Contact a personal injury attorney early to preserve evidence and protect your rights.

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.