Detailed Answer
When you suffer an injury in New Jersey, seeking prompt medical treatment protects both your health and your legal rights. A significant delay can undermine your personal injury claim in several ways:
1. Undermining Causation
In New Jersey, the defendant may argue that your injuries stemmed from an unrelated event rather than the incident in question. A long gap between the accident and when you first saw a doctor makes it harder to prove that the defendant’s negligence directly caused your injuries.
2. Decreased Credibility
Delay signals to insurers and juries that your condition may not be serious, hurting your credibility. They may question why you postponed care—did you exaggerate your pain or mask symptoms until much later?
3. Gaps in Medical Records
Thorough, contemporaneous medical records form the foundation of your damage claim. When you wait to seek treatment, records are often incomplete or vague. Missing entries on initial complaints, diagnostic tests or ongoing treatment weaken your claim for future medical costs.
4. Duty to Mitigate Damages
Under New Jersey common law, plaintiffs must take reasonable steps to mitigate their damages. A jury might reduce your award if you unreasonably delayed treatment, viewing the delay as a failure to minimize harm.
5. Statute of Limitations Considerations
New Jersey law requires personal injury suits to be filed within two years from the date of injury. See N.J. Stat. § 2A:14-2. Although a delay in treatment does not extend this deadline, it can compress your time to build a strong case once you finally see a doctor. N.J. Stat. § 2A:14-2
Helpful Hints
- Document Everything: Keep all medical bills, prescriptions and doctor’s notes in one file.
- Take Photos: Photograph visible injuries as soon as possible—bruises and swelling change rapidly.
- Get a Written Treatment Plan: Ask your provider for a detailed plan outlining diagnosis, tests and follow-up visits.
- Notify Insurer Promptly: Inform your auto or workplace carrier about the injury in writing within policy deadlines.
- Preserve Evidence: Hold onto clothing, safety gear or other items related to the incident.
- Track Your Pain: Maintain a daily pain journal to record how symptoms evolve between visits.
- Consult Early: Even if you feel fine, consider a preliminary evaluation to establish an official record of your injuries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary and facts differ in each case. Consult a licensed New Jersey attorney to discuss your specific situation.