Resuming Medical Care after a Gap: How It Affects Your Injury Claim in Montana

Short answer: Yes — you can usually resume medical care after a break and still seek compensation for your injuries in Montana. However, gaps in treatment can affect proof of causation and the amount of damages a jury or insurer will award. The key is to document why you paused treatment, get evaluated promptly when you resume care, and preserve records that link your symptoms and medical needs to the injury.

Detailed Answer — How Montana law views gaps in treatment

When you bring a personal injury claim in Montana, your recovery depends on two main legal ideas: (1) causation — showing the defendant’s conduct caused your injuries and need for medical care; and (2) mitigation of damages — you must not unreasonably fail to limit your losses. Montana follows common-law principles on mitigation: a plaintiff must take reasonable steps to treat or limit injury-related harm. A break in treatment does not automatically bar recovery, but an unreasonable or unexplained gap may reduce the damages you can recover.

How courts and insurers will evaluate a treatment gap:

• Reasonableness of the gap: Was the pause reasonable under the circumstances (e.g., financial hardship, believing the injury had healed, medical advice to wait, lack of access to care)? Reasonable excuses make it less likely the gap will hurt your claim.
• Connection to the injury: Can you show the resumed care relates to the original injury rather than a new or unrelated condition? Medical records, physician statements, imaging, and contemporaneous notes are important to establish this link.
• Objective evidence of ongoing problems: Continued complaints, diagnostic tests showing ongoing pathology, or treatment plans written before or after the gap help prove your need for care.
• Mitigation arguments by the defense: The defendant may argue you failed to mitigate damages and that some or all later medical expenses were avoidable. The jury or insurer will weigh whether your actions were reasonable.

Montana’s jury or a claims adjuster can consider a plaintiff’s conduct (including treatment gaps) when deciding how much to award. Montana also applies comparative-fault concepts and other civil rules that can affect ultimate recovery. For a text version of Montana law and related civil statutes, you can search the Montana Code Online: https://leg.mt.gov/bills/mca/.

Practical steps to protect your claim if you resume care after a gap

1. Seek medical evaluation as soon as you can: When you resume care, start with a clear statement to your provider that your symptoms relate to the earlier incident. Ask for a written treatment plan and prognosis.
2. Document why you paused treatment: Keep receipts, emails, letters, notes, or testimony that explain the gap (for example: financial constraint, other medical advice, lack of symptoms for a period, or scheduling problems).
3. Get comprehensive medical records: Ensure the chart includes the original injury, the course of symptoms, objective testing (X-rays, MRI), and the treating provider’s opinion linking current problems to the accident.
4. Obtain opinions on causation: A treating physician’s or specialist’s statement that the resumed treatment is for the prior injury greatly helps. If necessary, an independent medical examination or expert report can clarify causation.
5. Preserve bills and proof of expenses: Collect invoices, receipts, mileage logs, time off work records, and any records of out-of-pocket costs for therapy, medications, or assistive devices.
6. Be careful with statements to insurers: Avoid downplaying lingering symptoms to an insurer or posting inconsistent information on social media; such statements can be used to argue you had recovered during the gap.
7. Act quickly on deadlines: Montana has time limits for filing claims. Do not assume a gap in treatment extends any statutory deadline for a lawsuit. For information on the Montana Code, start here: https://leg.mt.gov/bills/mca/.

Common scenarios and how courts typically view them

Below are examples of common fact patterns and likely legal consequences:

• Short, explained gap (reasonable): Breaks for a few weeks with documentation (e.g., waiting for insurance approval or following doctor’s instructions) usually do not prevent recovery for later treatment.
• Long gap with continued symptoms: If you consistently complained of pain and then paused treatment for practical reasons, courts often permit recovery when you resume and can show ongoing need.
• Long gap without explanation: A multi-year gap with no record of symptoms can make it harder to prove the later care flowed from the original event. Defendants will argue the condition either resolved or came from another cause.
• New incident during the gap: If you suffer an intervening injury, linking resumed care to the earlier incident becomes more complicated and may require expert medical testimony to apportion causes.

When to contact an attorney

Contact a Montana personal injury attorney before you accept a settlement or give a recorded statement if: the defendant’s insurer denies responsibility, the amount offered is low, the gap in treatment is significant, or there are multiple possible causes of your injury. An attorney can help obtain medical opinions that link resumed care to the original event and can advise about preserving evidence and complying with Montana procedural rules and deadlines.

Helpful Hints

• Always document the reason for any break in care and add that explanation to your medical chart when you resume treatment.
• Ask treating providers to state in writing whether your current treatment is related to the original injury.
• Keep copies of all medical records, billing statements, and contentions made to insurers.
• Be consistent: do not post conflicting information about your activities or symptoms on social media.
• Get an attorney’s input early if the defense argues you failed to mitigate damages or that an intervening event caused your later problems.
• Check Montana’s statutes and deadlines on the official site: https://leg.mt.gov/bills/mca/.

Disclaimer: This article explains general legal principles and Montana practice. It is for educational purposes only and is not legal advice. Nothing here creates an attorney-client relationship. For guidance specific to your situation, consult a licensed Montana attorney.