How Might a Delay in Seeking Medical Treatment Affect the Value of a Personal Injury Claim?
Disclaimer: This information is intended to educate readers about Oregon law. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
In Oregon, filing a personal injury claim requires demonstrating both liability and damages. A significant factor in proving damages is how promptly you sought medical care after your injury. When you delay treatment, insurance companies and defense attorneys often argue that:
- Your injuries may not be serious. Waiting weeks or months to see a doctor can give the impression that the injury was minor or resolved itself over time.
- Your worsening condition stems from another incident. A gap in treatment allows the defense to suggest that new events aggravated your injury, breaking the clear link to the original accident.
- You failed to mitigate damages. Under Oregon law, every plaintiff must take reasonable steps to limit the harm from an injury. If you delay care, the defense can claim you failed this duty and ask the judge or jury to reduce your award under the doctrine of “failure to mitigate.”
Example Scenario: Jane slips in a grocery store and feels mild back pain on March 1. She postpones medical evaluation until June, when her pain forces her to see a chiropractor. At trial, the store’s insurer argues that Jane’s back pain likely arose or worsened after March due to her inaction, reducing or even eliminating their liability.
Key Oregon Statutes
- Statute of Limitations (ORS 12.110): You generally have two years from the date of injury to file a personal injury lawsuit. Delaying treatment does not extend this deadline. ORS 12.110.
- Comparative Fault (ORS 31.710): Oregon applies a pure comparative fault rule. If the jury finds you partially at fault for delaying treatment, it can reduce your damages by your percentage of fault. ORS 31.710.
How Delay Can Impact Your Damages
- Reduced Medical Expenses: Insurers may refuse to pay for treatment they deem unrelated to the accident.
- Lowered Pain and Suffering Award: Juries often view a delay as evidence your pain was less severe or temporary.
- Questioned Credibility: The jury’s trust in your testimony can erode if you change your story about when symptoms began or worsened.
Helpful Hints
- Seek medical attention immediately, even for minor aches. Document every visit and treatment.
- Keep records of all symptoms, prescriptions, therapy sessions, and doctor’s notes.
- Photograph visible injuries and environmental conditions at the accident scene.
- Notify the at-fault party’s insurer promptly. Delays in reporting can compound treatment delays.
- Discuss your case with a personal injury attorney before releasing any recorded statements to insurers.