Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you delay seeking medical treatment after an accident, the value of your personal injury claim in Texas can drop significantly. The defense may argue that:
- Your injuries were not serious enough to seek immediate care.
- Your condition improved naturally over time.
- Other events or preexisting conditions caused or worsened your injuries.
Texas courts require plaintiffs to prove both causation and damages. A long gap between the incident and treatment creates uncertainty around what caused your pain and how severe the injuries were initially.
Duty to Mitigate Damages: Under Texas common law, you must take reasonable steps to minimize harm. Delaying treatment can violate this duty and reduce recoverable damages. See Elbaor v. Smith, 845 S.W.2d 240 (Tex. 1992).
Comparative Fault Arguments: Texas follows modified comparative negligence. Although this rule applies to fault at the time of the accident, a defense can use your delay as evidence that your actions contributed to the extent of your injuries. See Tex. Civ. Prac. & Rem. Code §33.001 et seq.
Credibility and Settlement Leverage: Insurers look for reasons to lower offers. A defense may push harder if they see a gap in your treatment timeline. Juries can also view a treatment delay as a credibility issue, making it harder to win full compensation for pain, suffering, and future care.
Helpful Hints
- Seek medical care immediately, even for minor injuries.
- Keep detailed records of all doctor visits and treatments.
- Obtain a medical report linking your injuries to the accident.
- Document your symptoms and how they evolved over time.
- Consult a personal injury attorney early to preserve evidence.
- Be aware of Texas’s two-year statute of limitations: Tex. Civ. Prac. & Rem. Code §16.003.