Detailed Answer
Under South Carolina law, injured parties must take reasonable steps to limit their losses by seeking prompt medical treatment. If you delay care, the defense can argue you failed to mitigate damages and ask the court to reduce your compensation. See S.C. Code Ann. § 15-3-530 (duty to mitigate).
Causation Challenges
A significant gap between the accident date and your first doctor visit may weaken the link between the crash and your injury. Defense lawyers often claim that intervening events caused the harm or that your condition worsened due to unrelated factors.
Evidence and Credibility
Timely records strengthen your case. A delay can mean missing X-rays, MRIs or early treatment notes. Judges and juries may view a late treatment timeline as a sign that your injuries were not serious or were pre-existing.
Insurance Implications
Insurers scrutinize claims with delayed treatment. They may deny coverage for medical bills they deem unrelated to the accident. Prompt care helps ensure your insurer recognizes the link between the accident and your expenses.
Duty to Mitigate
South Carolina recognizes a legal principle that plaintiffs must avoid unnecessary harm. If you unreasonably postpone care, the court can subtract the avoidable portion of your losses. Always follow your doctor’s advice and keep detailed treatment records.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Schedule an exam within 48 hours of the accident, even if you feel fine.
- Keep copies of all medical bills, doctor’s notes and test results.
- Follow treatment plans exactly to show you mitigated your damages.
- Communicate any new or worsening symptoms to your doctor immediately.
- Consult a South Carolina personal injury attorney early to guide your claims process.