Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
In West Virginia, a personal injury claim requires proving duty, breach, causation, and damages. A delay in seeking medical treatment can significantly affect how insurance companies, juries, and courts assess causation and the severity of your injuries.
Evidence and Causation: Waiting days or weeks before seeing a doctor gives the defense room to argue that another event caused your symptoms or that your injuries stem from pre-existing conditions. Obtaining prompt medical records creates a clear link between the accident and your injuries.
Credibility of Injuries: Consistent, timely medical documentation bolsters your credibility. A prolonged gap between the accident and treatment can raise doubts about whether your injuries are genuine or as serious as claimed.
Comparative Fault: Under W. Va. Code §55-7B-3, West Virginia follows a modified comparative fault rule. If the defense shows your delay amounts to negligence, they could assign you a higher fault percentage, reducing your total recovery.
Statute of Limitations: West Virginia generally requires filing a personal injury lawsuit within two years under W. Va. Code §55-2-12. Although delaying treatment won’t extend this deadline, gaps in your medical record may weaken your ability to prove continuous injury.
Long-Term Damages: Early treatment documents the full progression of your injuries and supports claims for future medical care and lost wages. Delays can limit your ability to recover costs for ongoing or future treatment.
Helpful Hints
- Seek medical attention within 24–48 hours of an accident, even if symptoms seem minor.
- Collect and organize all medical records, imaging, and bills related to your treatment.
- Follow your healthcare provider’s orders and attend every recommended appointment.
- Notify your insurance company promptly and provide complete information about your injuries.
- Consult a personal injury attorney early to preserve evidence and understand your rights.