Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Ohio attorney for guidance on your specific situation.
Detailed Answer: Effects of Delaying Medical Treatment on a Personal Injury Claim in Ohio
In Ohio, prompt medical treatment after an accident serves two critical functions: it protects your health and helps preserve the value of your personal injury claim. When you delay seeking care, opponents often argue that your injuries are less serious or that something else caused them. This can weaken your claim and reduce potential compensation.
1. Impact on Causation and Liability
Ohio law requires a claimant to prove that the defendant’s negligence caused the injury. A gap between the accident and medical care creates room for defense arguments that an intervening event or pre-existing condition—rather than the defendant’s negligence—caused or worsened your harm. This uncertainty makes it harder to establish causation.
2. Mitigation of Damages Doctrine
Ohio follows the common-law rule that a plaintiff must take reasonable steps to limit damages. Failing to seek timely treatment may be viewed as a failure to mitigate. A court or jury can reduce your award based on what they believe you could have prevented by seeking immediate care.
3. Statute of Limitations Considerations
Under Ohio Revised Code § 2305.10(2305.10), you generally have two years from the date of injury to file a personal injury lawsuit. While this deadline is distinct from seeking treatment, waiting too long to be examined can result in missing critical windows to establish a credible record before the statute runs.
4. Impact on Settlement Negotiations
Insurance adjusters look for reasons to lower offers. A gap in treatment provides a ready-made justification. They may argue that any medical bills incurred after the delay are unrelated or speculative. This often translates into lower settlement proposals.
Consequences of a Delayed Medical Evaluation
- Reduced Credibility: Late treatment casts doubt on your injury claims.
- Lowered Damages: Courts may reduce awards for failure to mitigate.
- Causation Disputes: Defendants can claim unrelated causes.
- Weaker Settlement Leverage: Insurers exploit treatment gaps to justify low offers.
Helpful Hints
- Seek medical attention as soon as possible, even for minor symptoms.
- Keep all records—emergency room reports, doctor’s notes, invoices, and receipts.
- Document your pain and daily limitations in a journal from day one.
- Follow your healthcare provider’s treatment plan and attend all appointments.
- Notify your insurance company promptly and accurately about your injury.
- Consult an experienced Ohio personal injury attorney early to protect your rights.