Detailed Answer
When you delay seeking medical treatment after an injury, insurers and defense attorneys often argue your injuries are less serious or stem from a different event. That can weaken your claim, hurt your credibility, and lower compensation for medical expenses, lost wages, and pain and suffering.
Causation and Credibility: Prompt treatment creates a clear link between the accident and your injuries. A gap of days or weeks lets the defense question whether a new incident caused your pain. Under Montana’s modified comparative negligence rule (MCA § 27-1-702), any gap in treatment may be used to argue you share fault for not mitigating your injuries.
Damages and Evidence: Detailed medical records bolster claims for future care, lost earnings, and non-economic losses. A delayed doctor visit often means fewer records, less expert testimony, and a lower damage award.
Statute of Limitations: Montana law gives you two years from the date of injury to file suit (MCA § 27-2-202). A delay in treatment does not extend this deadline. Missing it can bar your entire claim.
Mitigation of Damages: Although not explicitly in statute, Montana courts require plaintiffs to take reasonable steps to limit harm. Waiting too long to treat an injury can be treated as a failure to mitigate, reducing your recoverable damages.
Hypothetical Example: Jane slips and hurts her back on March 1 but waits three weeks to see a doctor. The defense argues Jane’s discomfort came from a weekend hiking trip after the fall. With minimal medical notes, Jane’s demand for future therapy and lost wages may drop by tens of thousands of dollars.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Seek medical evaluation immediately after any injury, even if symptoms seem minor.
- Follow your doctor’s treatment plan and attend all appointments.
- Keep detailed records of your pain levels, mobility issues, and medical costs.
- Save all medical bills, invoices, and receipts in one file.
- Contact a personal injury attorney early to preserve evidence and protect your rights.