Detailed Answer
Why Timely Treatment Matters: Under Michigan law, anyone injured in an accident has a duty to mitigate damages by seeking reasonable medical care without undue delay. If you wait too long, an insurer or opposing counsel can argue your injuries worsened for reasons unrelated to the accident or that you failed to take steps to reduce your harm.
Duty to Mitigate Damages: Michigan follows general tort principles requiring injured parties to limit their losses. A significant delay—say, waiting six weeks to see a doctor—can allow a defense lawyer to claim you aggravated your own injury, lowering your compensation.
Insurance No-Fault Implications: For auto accidents, Michigan’s no-fault act mandates that you submit medical bills and records “within a reasonable time” to recover Personal Injury Protection (PIP) benefits. See MCL 500.3135(2). A late claim may trigger a timely‐filing defense and denial of some benefits.
Evidence and Causation Challenges: Delay can blur the link between the crash and your symptoms. A jury may wonder whether other events or health issues caused your pain. Early medical records create a clear timeline and strengthen your proof of causation.
Impact on Damage Awards: Courts and juries often reduce awards when they find plaintiffs failed to act promptly. Even a few days’ delay can lead to arguments that treatment costs or lost wages were avoidable. Prompt care boosts credibility and maximizes your claim’s value.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Michigan attorney regarding your specific situation.
Helpful Hints
- Seek medical attention immediately after an accident, even if symptoms seem mild.
- Keep copies of all appointment notes, test results and bills in one place.
- Notify your insurer and health provider of the accident in writing as soon as possible.
- Follow every treatment recommendation—missed appointments can undermine your claim.
- Update your attorney or insurer in writing if your symptoms change or worsen.
- Save any out-of-pocket expenses, such as mileage and prescription costs, for reimbursement.