Disclaimer: This is not legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
If you were a passenger involved in a car accident in Massachusetts, maintaining continuity of care can strengthen your personal injury claim. Continuity of care means you follow a consistent, documented course of medical evaluation and treatment after your accident. Insurers and courts look for clear records showing that you sought treatment promptly, followed medical advice, and completed recommended therapies. Here’s how to preserve your claim under Massachusetts law:
1. Seek Timely Medical Evaluation
Visit an emergency room, urgent care center, or your primary care physician within 24–48 hours of the crash. Early evaluation establishes that your injuries are accident-related. If you delay care, an insurer may argue your injuries came from another incident.
2. Follow the Prescribed Treatment Plan
Comply with every appointment, therapy session, imaging study (X-rays, MRI), and follow-up visit. Skipping or rescheduling appointments without good cause creates gaps in your record. Document reasons for any unavoidable delays (e.g., a medical provider cancellation).
3. Use a Single Medical Network or Coordinated Providers
Sticking to one hospital system or one group of specialists helps create a centralized medical file. If you must switch providers, ask for written medical records and transfer summaries. This ensures your new providers understand your injury history and treatment timeline.
4. Keep Detailed Personal Records
Maintain a journal logging dates of medical visits, treatments, pain levels, and how injuries affect daily activities. Include copies of bills, receipts, prescriptions, and notes on calls with health providers or insurers.
5. Communicate with Insurers and Attorneys
Notify the at-fault driver’s insurer promptly. Provide all medical records and bills but avoid giving recorded statements before consulting an attorney. An experienced personal injury lawyer can help you navigate deadlines and evidence requirements under Massachusetts law.
6. Observe the Statute of Limitations
Under M.G.L. c.260 §2A, you generally have three years from the accident date to file a civil action for personal injury. See the statute here: M.G.L. c.260 §2A. Filing within this period preserves your right to claim damages.
Helpful Hints
- Ask each medical provider for written treatment plans and progress notes.
- Request electronic copies of imaging studies to avoid repeats and extra costs.
- Save all correspondence with doctors and insurance adjusters.
- Bring a friend or family member to appointments for support and to help record details.
- Keep a calendar reminder for all medical and legal deadlines.