Disclaimer: This is not legal advice.
Detailed Answer
A delay in seeking medical treatment after an accident can reduce the value of your personal injury claim in Tennessee. Insurers and defense lawyers often use treatment gaps to argue that you failed to mitigate your damages or that your injuries stem from another event.
Duty to Mitigate Damages
Under Tennessee common law, a plaintiff must take reasonable steps to limit harm after an injury. If you postpone care, a court may find that you failed this duty. While Tennessee has no specific statute titled “mitigation of damages,” the concept arises from case law. A jury can reduce your recovery to reflect the harm they believe reasonable treatment would have prevented.
Impact on Causation and Credibility
When you delay treatment, the defense can challenge both causation and severity. They may claim (1) your injuries worsened because you waited, (2) another incident caused the pain, or (3) your symptoms are inconsistent. This tactic can weaken your credibility and reduce settlement offers.
Comparative Fault Considerations
Tennessee follows a modified comparative fault rule. Under Tenn. Code Ann. § 29-11-108, a jury assigns fault percentages to all parties. Although this statute addresses fault for the accident itself, jurors often view a significant treatment delay as a factor when apportioning responsibility. For example, if they believe you bore some responsibility for worsening your injury, they may reduce your award accordingly.
Hypothetical Scenario
Jane slipped on spilled liquid in a grocery store. She felt back pain but waited three weeks to see a doctor. At trial, the defense introduced her medical records and argued that her delay aggravated her condition. The jury awarded Jane $50,000 but reduced it by 20%—a $10,000 deduction—citing her failure to seek prompt care.
Helpful Hints
- Seek medical attention within 24–48 hours after an accident.
- Keep detailed records of all medical visits, diagnoses, treatments, and bills.
- Note the dates you first experience symptoms and when you report them to a doctor.
- Tell your attorney about any reasons you delayed treatment (e.g., lack of insurance).
- Discuss mitigation obligations and defense strategies early to prepare your claim.