Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Duty to Mitigate Damages
Under New York law, plaintiffs must take reasonable steps to limit their losses after an accident. This “duty to mitigate” requires prompt medical evaluation and treatment for any injury-related symptoms. If you delay care, a defense lawyer can argue that you failed to mitigate your damages, and a court may reduce your recovery for medical expenses, pain and suffering, or lost wages.
Causation and Severity of Injuries
Timely medical treatment creates a direct link between the accident and your injuries. A long gap between the incident and your first doctor’s visit can raise doubts: Did the accident really cause your condition? Did you worsen an unrelated issue? Juries and judges often view delayed care as evidence that injuries weren’t severe or stemmed from another source.
Impact on Evidence and Credibility
Medical records are key evidence in personal injury claims. When you seek treatment promptly, physicians document your complaints, diagnoses and treatment plans right after the accident. Delaying care creates gaps in your records. Defense attorneys use those gaps to question your credibility and argue that you lack objective proof of your injuries.
Statute of Limitations
New York generally gives you three years from the date of the accident to file a personal injury lawsuit. See N.Y. C.P.L.R. § 214. Delaying medical treatment does not pause or extend this deadline. Missing the filing deadline can bar your entire claim, even if you have strong medical documentation later.
Helpful Hints
- Seek medical attention within days of an accident, even if injuries seem minor.
- Keep detailed records of all medical visits, treatment notes and referrals.
- Note exactly when symptoms appeared, how they change and what makes them better or worse.
- Follow your doctor’s treatment plan and attend every scheduled appointment.
- Save invoices, bills and receipts for medical care and related expenses.
- Contact a personal injury attorney early to understand deadlines and preserve evidence.