Resuming treatment after a gap: protecting a personal injury claim under Ohio law

Short answer: Yes — you can generally resume medical care after a gap and still pursue compensation in Ohio. But gaps in treatment can raise questions about causation, severity, and mitigation of damages. Building a clear documentary and medical record after you restart care makes it much easier to support your claim.

Detailed answer — what matters in Ohio

When you bring a personal injury claim in Ohio, your goal is to show that the defendant’s conduct caused your injury and that you suffered damages. A gap in medical treatment does not automatically defeat that claim. Courts and juries will consider the full record, including why you paused care and what happened when you resumed it.

Key legal considerations

• Statute of limitations: Most personal injury claims in Ohio must be filed within two years of the injury. See Ohio Rev. Code § 2305.10. If you miss that deadline, a court can dismiss your case. (Ohio Rev. Code § 2305.10)
• Causation: The plaintiff must show the defendant’s actions caused the injury. A long, unexplained gap in treatment can let the defense argue the injury came from another event or healed and later worsened for unrelated reasons.
• Damages and mitigation: Ohio law allows a defendant to argue that a plaintiff failed to mitigate damages or that the injury’s severity is overstated. Ohio follows comparative fault rules for apportioning fault and damages. See Ohio Rev. Code § 2315.33. (Ohio Rev. Code § 2315.33)
• Medical malpractice and other special rules: Different claims (for example, medical malpractice) can have extra pre-suit steps and different limitations. Consult an attorney promptly if your claim falls into a specialized category.

How a gap in treatment is evaluated

Courts and insurance adjusters will look at:

• Documentation of initial injury and how soon you sought care after the incident.
• Reason for the gap (financial problems, lack of insurance, relocation, believing you were healed, COVID disruptions, delayed testing referrals, etc.). A documented, reasonable explanation helps your credibility.
• Medical findings when you resumed care — test results, physician notes, consistent symptoms, and objective signs (imaging, range-of-motion testing, neurologic findings).
• Continuity: records from all providers before and after the gap, and any contemporaneous notes (texts, emails) about symptoms or reasons for delay.

Practical effect on damages and proof

A gap can make it harder but not impossible to prove:

• That the injury was continuous from the time of the accident.
• That you required the same or greater treatment that you claim now.
• Future damages — experts (doctors, life-care planners) often must connect current condition to the original event and quantify future care needs.

Steps to strengthen your claim after resuming care

1. Get a comprehensive medical evaluation promptly and follow your treatment plan.
2. Ask treating providers to record a clear medical opinion linking your current condition to the original incident (causation) when appropriate.
3. Gather and preserve all medical records, imaging, billing statements, and prescriptions from before and after the gap.
4. Document why you stopped treatment: receipts, emails, lay statements from family or employers, or contemporaneous notes can explain the interruption.
5. Keep a symptom diary. Note when symptoms flare or improve and any related activities or treatments.
6. Avoid posting details about your injury or claim on social media.
7. Talk to a personal injury attorney early — they can advise about deadlines, evidence preservation, and whether an expert opinion is needed to prove causation and damages.

When the defense will press the gap issue

Expect the defense to use a treatment gap to argue that:

• Your injuries were minor or healed without treatment.
• Something else caused your later symptoms.
• You failed to mitigate damages by not seeking earlier or continuous care.

Proper records and credible reasons for the gap reduce the impact of these arguments.

Resources and next steps

Check the two-year deadline for typical Ohio injury claims at Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10. For how Ohio apportions fault and damages, see Ohio Rev. Code § 2315.33: https://codes.ohio.gov/ohio-revised-code/section-2315.33.

Helpful hints

• Resume care as soon as you can. The sooner you document injury, the stronger your claim.
• Keep records that explain the gap — they matter as much as medical notes do.
• Ask your treating doctor for a written opinion about causation whenever possible.
• Collect billing and payment records to prove medical expenses and lost work.
• Request copies of all medical records (not just summaries) from each provider and imaging center.
• Preserve physical evidence (braces, splints, damaged clothing) and photographs of injuries and the incident scene if available.
• Do not delay contacting an attorney if you face a short limitations period or need help gathering experts.

Disclaimer: This article provides general information about Ohio law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Ohio attorney.