Detailed answer — how Connecticut law treats gaps in medical treatment

Connecticut courts recognize two key legal ideas that affect how a break in treatment will be handled in a personal-injury claim:

• Duty to mitigate damages: An injured person must act reasonably to limit or reduce their damages. If a plaintiff unreasonably delays seeking care, a defendant can argue the plaintiff failed to mitigate, and the jury may reduce the amount of damages awarded. This is a common-law principle courts apply in Connecticut.
• Causation and proof of injury: To recover, the plaintiff must prove the defendant’s actions caused the injury and the extent of that injury. Gaps in treatment can make it harder to show a continuous link between the accident and later complaints, so documentation and medical testimony become more important.

Importantly, a break in care does not automatically bar a claim. Rather than an absolute prohibition, Connecticut law typically treats a gap as a factor for the factfinder to consider when determining the reasonableness of the plaintiff’s conduct and the extent of damages.

Statute of limitations you must watch

Even if you resume treatment after a gap, you must file within Connecticut’s deadline for personal injury cases. The statute of limitations for most negligence-based personal injury claims is set by Conn. Gen. Stat. § 52-584. See the statute here: Conn. Gen. Stat. § 52-584. Missing that deadline can prevent recovery entirely, regardless of medical treatment gaps.

How courts and juries weigh a treatment gap

Common factors considered include:

• How long the gap lasted.
• Why the gap occurred — for example, financial hardship, lack of access to care, reliance on initial conservative treatment, improvement followed by later recurrence, or mental health effects of the injury.
• Whether symptoms after the gap are consistent with earlier documented injuries.
• Whether a reasonable person in the plaintiff’s circumstances would have sought care sooner.
• Expert medical testimony connecting later treatment to the earlier incident.

Examples of fact patterns (hypotheticals)

These illustrate how courts may view gaps:

• Scenario A: You sought ER care after a crash, were given home-care instructions, symptoms improved, then months later pain returned and you saw a specialist. A jury may accept that the later treatment is related to the crash if records show ongoing or recurring signs and experts tie them together.
• Scenario B: You delayed any treatment for six months with no explanation and then sought aggressive treatment. A defendant can argue the delay made it impossible to prove the injury resulted from their conduct rather than an intervening event; damages may be reduced or disputed.

Evidence that strengthens your claim after a gap

To overcome defense arguments, collect and preserve:

• All medical records from first treatment and from later treatment.
• Notes, emails, or statements explaining the reason for the gap (financial issues, lack of insurance, travel, caring for family, etc.).
• Photographs, repair receipts (if a crash), and contemporaneous symptom logs or diaries.
• Expert medical opinions explicitly linking later injuries to the original event.

Practical steps to take now

1. Resume reasonable medical care promptly. Getting evaluated and treated as soon as possible improves documentation and your position.
2. Keep a clear record explaining why you paused care. Courts consider excuses that show you acted reasonably under the circumstances.
3. Request and preserve all medical records and bills from every provider who treated you before and after the gap.
4. Ask your treating clinician to explain in writing (or provide an opinion) whether your later complaints are consistent with the original injury.
5. Be mindful of the statute of limitations in Conn. Gen. Stat. § 52-584 and consult an attorney well before that deadline if you plan to sue: Conn. Gen. Stat. § 52-584.

Helpful hints

• Don’t assume a gap kills your case — but don’t ignore it. Address the gap proactively with records and reasonable explanations.
• Documentation is the best defense to a mitigation argument: dates, receipts, appointment notes, and written explanations help a jury understand your choices.
• Independent medical examinations or retained experts can bridge gaps by explaining the medical connection between the original event and later treatment.
• Ask your provider to include in their records any history you give about the earlier injury and any symptom recurrence. Clear contemporaneous notes are persuasive evidence.
• If cost kept you from care, keep proof (collection notices, insurance denials, income statements). Financial hardship is a common, reasonable explanation for gaps.
• Talk to an attorney early about preserving evidence and meeting deadlines — the statute of limitations can dismiss claims regardless of medical treatment.