Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Missouri personal injury cases, a delay in seeking medical treatment after an accident can significantly reduce the value of your claim. Insurance companies and defense attorneys often use delayed care to challenge causation, argue that you failed to mitigate damages, and question your credibility.
1. Disputes Over Causation and Injury Severity
If you wait days or weeks before seeing a doctor, the defense can argue your injuries stem from a different incident or that they aren’t as serious as claimed. Objective medical evidence linking the injury directly to the accident becomes harder to establish.
2. Comparative Fault and Failure to Mitigate
Missouri follows a modified comparative fault system under Mo. Rev. Stat. § 537.060. A jury may assign you a percentage of fault for delaying treatment. Even if you’re less than 50% at fault, your total award is reduced by your percentage of fault. If you’re 50% or more at fault, you cannot recover any damages.
3. Impact on Damages Calculation
Your medical bills establish the actual cost of treatment, a key component of compensatory damages. A late start often means fewer documented visits and lower medical expenses for your attorney to present, limiting compensation for past and future care.
4. Statute of Limitations Considerations
Missouri gives injured parties five years from the date of injury to file a lawsuit under Mo. Rev. Stat. § 537.100. Although late treatment does not extend the filing deadline, insufficient medical records within that period can weaken your case.
To preserve the full value of your claim, seek prompt medical attention, fully document your injuries, and share all records with your attorney.
Helpful Hints
- See a medical provider immediately, even for minor pain.
- Keep copies of all medical records, bills, and invoices.
- Track your symptoms in a daily journal or with photos.
- Follow prescribed treatment plans and attend follow-up appointments.
- Notify your attorney promptly about new medical visits or changes in your condition.
- Consult an attorney before accepting any settlement offers.