Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Oklahoma law, delaying medical treatment can weaken your personal injury claim and reduce its overall value. Insurance adjusters and defense attorneys may use any gap between your accident and your first medical visit to question the severity, cause, and extent of your injuries.
Duty to Mitigate Damages
Oklahoma’s common law requires injured parties to mitigate, or limit, further harm. By waiting to seek treatment, a court or jury may find that you failed to take reasonable steps to prevent your condition from worsening, which can lead to a lower damage award.
Comparative Fault and Credibility
Oklahoma follows a pure comparative fault system. A delay can allow the defense to argue you were comparatively negligent in failing to address your injuries promptly. Even if your share of fault is small, the court may reduce your recovery by the percentage it attributes to your own conduct.
Proving Causation and Damages
To recover damages, you must show that your injuries stem directly from the accident. Medical records provide a timeline linking treatment to the crash. A gap in treatment creates an opening for the defense to claim your injuries arose from another incident or pre-existing condition. That uncertainty often leads to lower settlement offers or jury awards.
Statute of Limitations
Oklahoma generally imposes a two-year statute of limitations on personal injury claims. If a delay in recognizing your injuries also delays your lawyer’s investigation, you risk missing the filing deadline and losing your right to compensation.
Helpful Hints
- Schedule a medical evaluation within 48–72 hours of your accident.
- Follow all doctor recommendations and keep copies of medical bills.
- Maintain a detailed injury journal noting pain levels and symptoms.
- A prompt treatment record strengthens causation between the accident and injury.
- Consult a personal injury attorney early to preserve evidence and protect deadlines.