Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you wait to see a doctor after a car crash, slip-and-fall, or other accident, insurers and defense lawyers often question whether your injuries deserve full compensation. Under Indiana law, a personal injury claimant must show that the defendant’s negligence caused their injuries. A significant delay in treatment can create three major issues:
- Questions about causation: If you wait days or weeks to seek care, the defense may argue that another event caused or worsened your condition. This dispute can force you to hire medical experts to tie your injuries directly to the accident.
- Reduced credibility: Juries and adjusters look for consistency. A long gap between the accident and medical report may lead them to doubt the severity of your injuries or even whether you were hurt at all.
- Limits on future damages: If you delay treatment, insurers may undervalue or refuse to cover future medical costs. They might claim that your condition stabilized or improved on its own, capping your economic and noneconomic damages.
In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit. See Indiana Code §34-11-2-4. A delay in treatment does not extend this deadline, so it’s critical to seek medical attention promptly and document all visits and diagnoses.
Helpful Hints
- Schedule an evaluation within 24–48 hours of the accident, even if you feel fine.
- Keep copies of all medical records, bills, and imaging reports.
- Write down your symptoms and any changes, including pain levels and mobility issues.
- Follow your doctor’s treatment plan closely to avoid a defense argument of “failure to mitigate damages.”
- Talk to a personal injury attorney early to preserve evidence and meet filing deadlines.