Detailed Answer
Short answer: Yes — under Maryland law you can generally resume medical care after a gap in treatment and still seek compensation for your injuries. However, a gap can affect how much compensation you obtain because the defendant or their insurer may argue the gap breaks the causal link between the accident and your injuries or shows you failed to mitigate (reduce) your damages. To preserve your claim you must be able to explain the gap, show a medically reasonable connection between the accident and your later treatment, and meet Maryland’s timing rules for filing a lawsuit.
1. Core legal principles that matter in Maryland
- Causation and proof of damages: In a personal injury claim you must prove the defendant’s conduct caused your injury and resulting damages (medical bills, lost wages, pain and suffering). Medical records and expert testimony are often required to tie later treatment to the accident.
- Mitigation of damages: Maryland law expects an injured person to take reasonable steps to limit further harm. A long, unexplained delay may allow the defense to argue you failed to mitigate damages and should receive less compensation.
- Statute of limitations: Most personal injury claims in Maryland must be filed within three years of the injury. See Md. Courts & Judicial Proceedings § 5-101 for the basic rule: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr§ion=5-101. Missing that deadline can bar your claim regardless of gaps in treatment.
2. How courts and insurers view gaps in treatment
Insurers and defense lawyers often use a gap to argue that (a) your condition was not serious or was not caused by the incident, or (b) some later event caused your injury. Maryland juries can accept those arguments if the plaintiff lacks records or expert support. But a gap is not automatically fatal. Reasonable explanations and corroborating medical opinions generally preserve your right to compensation.
3. Common acceptable reasons for a gap
- Financial barriers or loss of insurance.
- Fear or anxiety about treatment after the accident.
- Misdiagnosis or delayed recognition of the injury (some injuries present slowly).
- Waiting for scheduled specialist appointments or diagnostic tests.
4. What you need to prove after a gap
- Medical causation: A treating physician or medical expert should explain how the accident caused the injury and why later treatment relates back to the accident.
- Reasonableness of the delay: Documentation or testimony showing why you delayed (e.g., financial hardship, misdiagnosis, lack of symptoms initially) helps defeat attacks on your credibility.
- Continuity and contemporaneous records: Collect any medical notes, prescriptions, test results, appointment requests, employers’ notes, or communications that fill in your timeline.
5. Practical steps to protect your claim in Maryland
Do the following as soon as you resume care:
- Tell every treating provider exactly what happened and give a concise history of your symptoms and the dates they started and changed.
- Get written medical opinions (or records) linking your current condition to the original injury.
- Request and preserve all medical records (include prior records that explain the gap such as billing statements, denials, or appointment waitlists).
- Obtain imaging or diagnostic reports that show objective evidence of injury when possible.
- Keep a personal journal describing symptoms, limitations, and how the gap affected your condition.
- Preserve other evidence: photos, witness names, vehicle repair receipts, and communications with insurers or employers.
- Note important deadlines: file suit before Maryland’s statute of limitations expires (generally three years for personal injury claims). See: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr§ion=5-101.
6. How an attorney can help in Maryland
An attorney experienced in Maryland personal injury law can:
- Arrange expert medical opinions that explain causation despite the gap.
- Collect and organize records that justify the delay and show damages.
- Communicate with insurers and demand fair compensation while protecting your legal rights and deadlines.
- Advise whether settlement or litigation better preserves your recovery given the gap and evidence.
7. When a gap might seriously weaken a claim
Your claim may be undermined if:
- There is no medical opinion linking current problems to the accident.
- The gap is long and unexplained, and objective medical evidence contradicts your claimed injury date.
- Records or testimony show intervening events likely caused your injury instead of the accident.
Helpful Hints
- Resume care promptly when you can; earlier treatment strengthens causation and damages claims.
- Document the reason for any delay: financial notes, insurance denials, follow-up appointment schedules, or referral waitlists are useful evidence.
- Ask treating doctors to write a short note explaining why a delayed treatment plan was reasonable for your condition.
- Keep all bills and receipts — they prove the cost of care even after a gap.
- Talk to a Maryland personal injury attorney before accepting a settlement; insurers may use gaps to justify low offers.
- Watch the clock: the typical Maryland personal injury filing deadline is three years from the date of injury. See Md. Cts. & Jud. Proc. § 5-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr§ion=5-101.
Disclaimer: This article provides general information about Maryland law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a qualified Maryland attorney.