Detailed Answer
1. Impact on Causation and Liability
In Pennsylvania, a plaintiff must prove the defendant’s negligence caused the injury. A long gap between the accident and medical treatment makes it easier for defense counsel to argue that intervening events or preexisting conditions caused or worsened the harms.
2. Duty to Mitigate Damages
Pennsylvania requires plaintiffs to mitigate damages. Failing to seek timely medical care can be viewed as failure to reduce losses. Courts may reduce your compensation to account for harm that prompt treatment would have prevented.
3. Credibility and Jury Perception
Juries and adjusters often see treatment delays as a signal that injuries were minor or unrelated. These perceptions can weaken your bargaining position and lead to lower settlement offers.
4. Insurance Company Defenses
Insurers routinely assert “failure to mitigate” or argue that the delay masked a preexisting condition. Both defenses can drive down your claim’s value or lead to outright denial.
5. Statute of Limitations
Under Pennsylvania law, you generally have two years from the date of the accident to file a personal injury lawsuit. See 42 Pa.C.S. § 5524(2) (Statute of Limitations). Missing this deadline bars your claim entirely.
Helpful Hints
- Seek medical attention immediately after an accident.
- Keep detailed records of all visits, diagnoses, and treatments.
- Communicate any new or worsening symptoms to your doctor promptly.
- Consult a personal injury attorney early to preserve evidence.
- Monitor deadlines carefully to avoid missing the two-year filing window.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.