Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In Rhode Island personal injury cases, seeking prompt medical treatment after an accident significantly strengthens your claim. When you delay care, defendants often argue that your injuries stem from other events or existed before the accident. They may challenge causation, reduce damage estimates, or undermine your credibility with a jury.
Key impacts of delayed treatment include:
- Causation Doubts: Insurance adjusters and defense lawyers may assert that delayed symptoms indicate your injuries are unrelated to the accident.
- Severity Reduction: Late treatment often leads to incomplete medical records. Without early imaging or physician notes, opposing counsel may argue your injuries were minor or preexisting.
- Credibility Issues: Juries expect injury victims to seek timely care. A long gap can give the impression you overstated your pain or delayed treatment for convenience.
- Mitigation of Damages: Rhode Island law requires injured parties to mitigate damages by obtaining reasonable medical care. A failure to do so can result in a reduction of your recoverable compensation.
- Statute of Limitations: Rhode Island limits most personal injury lawsuits to two years from the date of injury. See R.I. Gen. Laws § 9-1-14. A delay in treatment does not pause this deadline.
Insurance companies and defendants use these factors to pressure you into a lower settlement. To preserve the full value of your claim, document every treatment, follow medical advice, and explain any unavoidable scheduling delays.
Helpful Hints
- Schedule an exam immediately after an accident—even if you feel fine.
- Keep detailed records of all medical visits, tests, prescriptions and referrals.
- Promptly report new or worsening symptoms to your doctor and insurer.
- Retain copies of medical bills, invoices, and correspondence.
- Consult a Rhode Island personal injury attorney early to preserve evidence and comply with deadlines.