Disclaimer: This article provides general legal information and does not constitute legal advice. Consult an attorney for advice about your situation.
Detailed Answer
Under Vermont law, delaying medical treatment after an accident can significantly affect the value of your personal injury claim. Courts and insurance companies often view a delay as a potential sign that injuries were less serious or unrelated to the incident.
Duty to Mitigate Damages
Vermont law requires injured parties to take reasonable steps to limit their losses. A delay in seeking care may be seen as a failure to mitigate damages. If the defense proves you did not promptly treat your injuries, a court could reduce your award. This principle aligns with Vermont’s comparative negligence rules under 12 V.S.A. § 1036.
Challenges in Proving Causation
Proof of causation means showing the accident caused your injuries. Treatment delays create gaps in medical records. Opposing parties may argue that injuries stemmed from unrelated events during the gap. Clear, contemporaneous medical documentation strengthens your claim.
Statute of Limitations
Vermont gives injured parties two years from the date of injury to file a lawsuit. See 12 V.S.A. § 511. Failing to file within two years usually bars recovery, regardless of when you sought medical treatment.
Impact on Settlement Negotiations
Insurers scrutinize medical timelines during negotiations. A prompt doctor’s visit demonstrates seriousness and supports a higher demand. Insufficient or delayed records empower insurers to offer lower settlements.
Helpful Hints
- Seek medical care immediately after an accident, even if injuries seem minor.
- Follow your doctor’s treatment plan and keep all appointment records.
- Document your condition: take photos and note when symptoms appear or change.
- Keep copies of all medical bills and records.
- Contact a personal injury attorney early to meet deadlines and preserve evidence.