Detailed Answer
In North Dakota personal injury claims, the timing of medical treatment plays a key role in proving injury, causation, and the total value of your claim. A delay in seeking medical care can lead to questions about how and when injuries occurred. Courts and insurers may use this to challenge the link between the accident and your injuries.
Below are three main areas affected by delayed treatment:
- Causation and Liability: Prompt medical records help establish a direct link between the accident and your injuries. A long gap can allow insurers to argue that another incident caused or worsened your condition.
- Evidence and Documentation: Early diagnosis, test results, and treatment notes create a clear injury timeline. Missing or late documentation can weaken your claim and reduce settlement offers.
- Comparative Fault: North Dakota uses a modified comparative fault system. Under NDCC § 32-03.2-02, your compensation is reduced by your percentage of fault. Insurers may assert that your delay in treatment contributed to your injury, increasing your own fault.
Keep in mind the statute of limitations. North Dakota requires you to file a personal injury lawsuit within two years of the injury under NDCC § 28-01.3-01. While this deadline is separate from treatment delays, late care documentation close to the deadline may hinder your ability to prove timely notice.
Disclaimer: This article is for informational purposes only and does not provide legal advice. For advice on your specific situation, consult a licensed attorney.
Helpful Hints
- Seek medical care immediately after an accident to create a clear medical record.
- Keep all treatment records, bills, and doctor’s notes organized.
- Follow treatment plans fully and attend all appointments.
- Notify your insurance company and maintain communication records.
- Consult a personal injury attorney early to protect your rights and deadlines.