Detailed Answer
Introduction
In New Hampshire, the timing of your medical treatment can significantly influence the strength and value of a personal injury claim. Courts and opposing parties often scrutinize any gap between the date of injury and the date you seek care. A delay may raise questions about causation, severity and your own role in the injury outcome.
1. Impact on Causation
Under New Hampshire law, a plaintiff must prove that the defendant’s negligence caused the injuries. If you wait days or weeks before seeing a doctor, the defense can argue that intervening events caused or worsened your condition. This argument weakens your ability to establish a direct link between the accident and your injuries.
2. Influence on Damages
Personal injury verdicts and settlements depend largely on documented medical expenses, lost wages and non-economic losses such as pain and suffering. A prompt medical evaluation creates a clear record of treatment, which helps in calculating an accurate award. A delayed start to treatment can lead to gaps in billing records and less evidence of initial injuries.
3. Comparative Fault Considerations
New Hampshire applies a pure comparative negligence rule. See RSA 507:7. If the defense shows you contributed to your damages by delaying treatment—for example, by ignoring physician recommendations—a factfinder may reduce your recoverable damages by the percentage of your fault.
4. Benefits of Early Treatment
- Documents initial symptoms and injury severity
- Provides a treatment timeline tying care directly to the incident
- Limits the defense’s ability to claim new or unrelated injuries
- Helps you recover faster, reducing long-term expenses
Key Statute: RSA 507:7—Pure comparative negligence: https://www.gencourt.state.nh.us/rsa/html/V/507/507-7.htm
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in New Hampshire for guidance specific to your circumstances.
Helpful Hints
- Seek treatment immediately after the accident, even for minor symptoms.
- Keep copies of all medical records, bills and treatment plans.
- Follow your doctor’s recommendations fully to show you mitigated damages.
- Notify your insurer and attorney promptly about any treatment you receive.
- Consider obtaining an independent medical evaluation to confirm your diagnosis and treatment needs.