Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.
How Delay in Seeking Medical Treatment Affects Your Claim Value
Detailed Answer
When you sustain an injury due to someone else’s negligence, documenting your medical treatment promptly can make or break your personal injury claim in Connecticut. Below are key ways that a delay in seeking medical care can impact the value of your claim:
- Perceived Credibility and Causation: Insurance adjusters and juries look for a clear link between the accident and your injuries. A long gap between the incident and your first medical visit may create doubt about whether your injuries were caused by the incident or by some other event. This weakens the causation element of negligence.
- Evidence of Damages: Early medical records establish the severity and nature of your injuries. Delayed treatment can result in incomplete or conflicting medical documentation, making it harder to prove the full extent of your damages.
- Defense Arguments: Opposing counsel often argues that if your injuries were serious, you would have sought care immediately. They may claim that a delay indicates your injuries were minor or pre-existing.
- Statute of Limitations: In Connecticut, you generally have two years from the date of injury to file a negligence lawsuit. See C.G.S. §52-584. Waiting too long to treat injuries may overlap with this deadline, risking dismissal of your claim.
- Lost Opportunities for Treatment: Early intervention can prevent complications and reduce long-term impairment. Delays may worsen your condition, increasing medical costs and recovery time—yet insurers may refuse to pay for treatment they deem avoidable.
Statutory Reference
Connecticut General Statutes: Limitation of actions for negligence (two-year deadline) – C.G.S. §52-584.
Helpful Hints
- See a doctor or urgent care as soon as possible, even if symptoms seem minor.
- Keep all medical records, bills, prescriptions, and appointment summaries organized.
- Document the accident scene with photos and notes, including date, time, and witness contacts.
- Notify your insurance carrier promptly—but limit details to the basic facts until you speak with an attorney.
- Consult a personal injury attorney early to ensure evidence and deadlines are preserved.